Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. Tenant will not permit any mechanic’s lien or other lien to be filed against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 3 contracts

Samples: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)

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Mechanic’s Liens. Tenant will not permit shall promptly pay and discharge all claims for work or labor done or goods or materials furnished by third parties, at the request of Tenant or any Subtenant and shall keep the Premises free and clear of all mechanic's and materialman's liens in connection therewith. If any mechanic’s 's or materialman's lien is filed for work done on behalf of Tenant or other lien to be filed against any Subtenant at, or materials supplied to, the Premises by reason of Alteration or other work performed by or fora third party, or material furnished to, Tenant. If any Tenant shall remove such lien by payment or bond (regardless of whether Tenant contests the claim made by the person asserting such lien and regardless of whether such claim is filed at valid or has any time against the Premises, Tenant will cause the same to be discharged of record basis in fact or otherwise posting security or providing title insurance over the lien within 30 law) not later than fifteen (15) days after it receives notice of the date of filing the samewritten demand for such removal is made by Landlord. If Tenant fails shall fail to discharge any such lien within such 15-day period, then, then in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same by paying take such action or pay such amount as Landlord, in its sole discretion, shall deem appropriate to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of remove such lien, the foreclosure thereof and Tenant shall pay to Landlord as Additional Rent all amounts (including attorneys' fees) paid or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or incurred by the deposit of a bond or other security with such court sufficient Landlord in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made connection therewith within five (5) days after demand by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees interest at the Agreed Rate from the date of payment by Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires shall have the right to contest the correctness or the validity of any such lien if, immediately upon demand by Landlord, Tenant procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code (S) 3143 or any similar or successor statute and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Except for Landlord's express obligations relating to the improvement, maintenance and repair of the Premises, nothing in this Lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, express or implied, to or for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Premises or any part thereof by any person or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to assert any lien against Landlord's interest in any property. Landlord shall have the right to post and keep posted at any and all times on the Premises any notices for the protection of Landlord and the Premises from any such lien. Tenant shall, before the commencement of any work, or the delivery of any materials, which might result in any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies give to Landlord written notice of Tenant’s its (or any Subtenant's) intention to do so and, until perform such work or obtain such materials in sufficient time as Tenant causes to enable the posting of such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other liennotices.

Appears in 2 contracts

Samples: Lease (Pinnacle Entertainment Inc), Hollywood Park Operating Co

Mechanic’s Liens. Tenant will not permit any mechanic’s 's lien or other lien to be filed against the Premises by reason of Alteration or other any work performed by or for, or material furnished to, TenantTenant (including, without limitation, any work undertaken by Tenant pursuant to SECTION 10.1). If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien (including by bonding) within 30 10 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five 10 days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ attorney's fees of Landlord), together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 10 days after Tenant learns of the filing thereof, Tenant notifies Landlord of Tenant’s 's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, law or posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the te Premises harmless from all Claims losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien.

Appears in 2 contracts

Samples: Alliance Data Systems Corp, Alliance Data Systems Corp

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within thirty (30) days after Landlord has invoiced Tenant therefor, together with reasonable supporting evidence. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or with any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. Tenant shall defend, indemnify and 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 other lienrelating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Hipcricket, Inc.), Lease Agreement (Glu Mobile Inc)

Mechanic’s Liens. Except for work or material which is the responsibility of Landlord under this Lease, Tenant will agrees to pay promptly for any work done or material furnished in or about the Leased Premises after the commencement of the Term and to not suffer or permit any lien to attach to the Leased Premises, and Tenant further agrees promptly to cause any such lien or claims therefor to be released; provided, however, that in the event Tenant contests any such claim, Tenant agrees to indemnify and secure Landlord to the satisfaction of Landlord. Notice is hereby given that no mechanic’s, materialman’s lien or other lien sought to be taken or vested on the Leased Premises shall in any manner affect the right, title or interest of the Landlord therein, and that Tenant shall have no authority from Landlord to permit or create such lien. In the event that any such lien shall be filed against upon the Leased Premises by reason of Alteration any act or other work performed by omission (or foralleged act or omission) of Tenant or any subtenant, and Tenant shall not, within thirty (30) days from and after notice to Tenant of the filing thereof, have caused the same to be released or material furnished have indemnified and secured Landlord to the satisfaction of Landlord, then in such event, Landlord may, but shall not be obligated to, Tenant. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If discharged; and if Landlord does so, Tenant fails agrees to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, reimburse Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws promptly upon demand for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees expenses and expenses other sums of money expended by Landlord in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lientherewith.

Appears in 2 contracts

Samples: Lease (Sylvamo Corp), Lease (Sylvamo Corp)

Mechanic’s Liens. Tenant will not permit shall promptly pay any mechanic’s lien contractors and materialmen who supply labor, work or other lien materials to be filed against Tenant at the Premises or the Property so as to avoid the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by reason law in order to avoid the imposition of Alteration any mechanics', laborer's or other work performed by materialman's lien upon the Premises, the Property or for, or material furnished to, Tenantthe Lot. If Should any such lien or notice of lien be filed, Tenant shall discharge the same within fifteen (15) days after the lien or claim is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives formal notice of the date of filing the samesaid lien or claim has been issued, and shall also indemnify Landlord and hold it harmless from any and all claims, losses, damages, judgments, settlements, costs and expense (including attorneys' fees) resulting therefrom or by reason thereof. If Tenant fails to discharge any has not removed such lien or claim within such fifteen (15) day period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same by paying to the claimant pay the amount claimed necessary to be due or by procuring the discharge of remove such lien lien, without being responsible for making any investigation as to the Premises by deposit in validity or accuracy thereof, and the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlordpaid, together with all reasonable costs, fees costs and expenses in connection therewith (including reasonable attorneys’ fees ' fees) incurred by Landlord in connection therewith, shall be deemed additional rent reserved under this Lease due and payable forthwith. 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), will all of the same to be repaid by Tenant solely for Tenant's account and at Tenant's risk and expense. Throughout this Lease the term "mechanics' 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 any mechanics', laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanics' notice of intention given to Landlord on demand or Tenant, any stop order given to Landlord or Tenant, any notice or refusal to pay naming Landlord or Tenant or any injunctive or equitable action brought by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other mechanics' lien.

Appears in 2 contracts

Samples: Office Building Lease (Standard Management Corp), Standard Management Corp

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Building so as to minimize the possibility of a lien attaching to the Premises or the Building. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Building. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 fifteen (15) days after it receives the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any cause such lien or claim to be discharged and removed from record within such fifteen (15) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as by the lienor and to pay the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge amount of the same, or by judgment in favor of the deposit of a bond or other security lienor with such court sufficient in form, content interest and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisescosts. Any amount amounts so paid by LandlordLandlord and all costs and expenses including, or the value of any deposit so made without limitation, attorneys' fees incurred by LandlordLandlord in connection therewith, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees Interest from the respective dates of Landlord)'s making such payment or incurring such cost or expense, will be repaid by which shall constitute Additional Rent payable under this Lease promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to Landlord on demand 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 to constitute the consent or request by Landlord and if unpaid may for the performance of any work or services or the furnishing of any materials for which any lien could be treated filed against the Premises or the Building or any part of any thereof, nor as Additional Rentgiving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or any part of any thereof. Notwithstanding Throughout this Lease the foregoing, if Tenant desires term "mechanic's lien" is used to contest include any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof encumbrance or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and charge levied or imposed upon the Premises harmless from all Claims resulting from or the assertionBuilding or any interest therein or income therefrom on account of any mechanic's, filinglaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, foreclosure mechanic, supplier, materialman or other legal proceedings with respect 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 any person entitled to any such mechanic’s lien or other 's lien.

Appears in 2 contracts

Samples: Sub Lease Agreement (United Bancshares Inc /Pa), Sub Lease Agreement (United Bancshares Inc /Pa)

Mechanic’s Liens. Tenant will not permit any mechanic’s lien shall pay, or other lien cause to be filed against paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by reason a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have the right to contest the correctness or validity of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is filed at issued with respect to any time against judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samewhichever is earlier. If Tenant fails shall be in default under this Section, by failing to discharge provide security for or satisfaction of any such lien within such periodmechanic's or other liens, thenthen Landlord may (but shall not be obligated to), in addition to any other right rights or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated toremedies it may have, discharge the same said lien by (i) paying to the claimant the an amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure settle and discharge the discharge of the sameclaim, (ii) procuring and recording a lien release bond, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in (iii) taking such other manner action as is now Landlord shall deem necessary or may advisable, and, in the future be provided by present or future Laws for the discharge of any such lien event, Tenant shall pay as a lien against the Premises. Any amount paid by Additional Rent, on Landlord's demand, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith costs (including reasonable attorneys’ fees attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon in accordance with Section 39 captioned "Interest on Unpaid Rent" from the date of Landlord), will be repaid by 's payment of said costs. Landlord's payment of such costs shall not waive any default of Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienunder this Section.

Appears in 2 contracts

Samples: Lease (Amazon Com Inc), Amazon Com Inc

Mechanic’s Liens. Tenant will shall not permit any mechanic’s lien notices of intention, notices of commencement or other similar pre-lien filing documents or any liens to be filed stand against the Premises Complex or any part thereof, by reason of Alteration any work, labor, services or other work performed by or materials done for, or material furnished supplied to, or claimed to have been done for, or supplied to, Tenant or anyone occupying the Premises or any part thereof through or under Tenant. If any such document or lien is filed shall at any time be filed against the Premises, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 ten (10) days after it receives notice receipt of Notice of the date filing of filing the same, by either payment, deposit or bond. If Tenant fails shall fail to discharge any such document or lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, procure the discharge the same of such lien either by paying to the claimant the amount claimed to be due due, or such greater amount as is otherwise required pursuant to Legal Requirements, by procuring deposit in court or bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the discharge prosecution of an action for the foreclosure of such lien as by the lienor and to pay the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge amount of the samejudgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the deposit aforesaid purposes, and all legal and other expenses of a bond Landlord, including counsel fees, in defending any such action or other security with such court sufficient in form, content and amount to procure or about procuring the discharge of such lien, or with all necessary disbursements in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlordconnection therewith, together with all reasonable costsinterest thereon at the Interest Rate from the date of payment or deposit, fees shall become due and expenses in connection therewith (including reasonable attorneys’ fees payable forthwith by Tenant to Landlord, or, at the option of Landlord), will shall be repaid payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 2 contracts

Samples: Agreement of Lease (AxoGen, Inc.), Agreement of Lease (FlexShopper, Inc.)

Mechanic’s Liens. Tenant will shall not permit to be created or to remain undischarged any lien, encumbrance or charge arising from or out of any work of any contractor, mechanic’s , laborer or materialman, which shall be or become a lien or encumbrance or charge upon the Leased Premises or the Shopping Center or the income therefrom, and Tenant shall not suffer any other matter or thing whereby the estate, right and interest of Landlord in the Leased Premises or in the Shopping Center might be impaired. If any lien to or notice of lien on account of an alleged debt of Tenant shall be filed against the Leased Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the PremisesShopping Center, Tenant will shall, within ten (10) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails shall fail to discharge any cause such lien or notice of lien to be discharged within such periodthe period provided, thenthen Landlord, in addition to any other right rights or remedy of Landlordremedies, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same by either paying to the claimant the amount amounts claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit bonding proceedings. In any such event, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws an action for the discharge foreclosure of such lien as a lien against by the Premiseslienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by LandlordLandlord and all costs and expenses, or the value of any deposit so made including attorneys’ fees, incurred by LandlordLandlord in connection therewith, together with all reasonable costsinterest thereon, fees and expenses at the rate set forth in connection therewith (including reasonable attorneys’ fees Section 28.7, from the respective dates of Landlord)’s making of the payment or incurring of the cost and expense, will shall be repaid paid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rentdemand. Notwithstanding the foregoing, if not less than five (5) days prior to the commencement of any work to be performed by or on behalf of Tenant desires to contest at the Leased Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of any laws regarding the protection of Landlord’s interest in the Leased Premises and the Shopping Center from mechanic’s liens. During the progression of any such lienwork on the Leased Premises, Tenant may do so provided thatLandlord and its representatives shall have the right, within 30 days after upon at least 24 hours verbal notice, to go upon and inspect the filing thereofLeased Premises at all reasonable times, Tenant notifies Landlord of Tenantand shall have the right to post and keep posted thereon notices regarding mechanic’s intention liens or to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with take any further reasonable action which Landlord may discharge such lien deem to be proper for the protection of Landlord’s interest in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord Leased Premises and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienShopping Center.

Appears in 2 contracts

Samples: Lease (Carrollton Bancorp), Lease (Carrollton Bancorp)

Mechanic’s Liens. Tenant will All work performed, materials furnished, or obligations incurred by or at the request of a Subtenant’s Representative shall be deemed authorized and ordered by Subtenant only, and Subtenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Land in connection therewith. Upon completion of Alteration or other work any such work, Subtenant shall deliver to Sublandlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any time against the Premisesfiled, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien then Subtenant shall, within 30 ten (10) days after it receives notice such filing (or such earlier time period as may be necessary to prevent the forfeiture of the date Premises or any interest of filing Landlord or Sublandlord therein or the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right imposition of a civil or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings criminal fine with respect thereto), of a cash sum sufficient to secure either (1) pay the discharge amount of the samelien and cause the lien to be released of record, or by the deposit of (2) diligently contest such lien and deliver to Sublandlord a bond or other security with reasonably satisfactory to Sublandlord. If Subtenant fails to timely take either such court sufficient action, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall defend, indemnify and hold harmless Sublandlord and Sublandlord’s Representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in formany way arising from or relating to the failure by any Subtenant’s Representative to pay for any work performed, content and amount to procure the discharge of such lienmaterials furnished, or in such other manner as is now obligations incurred by or may in at the future be provided by present request of a Subtenant’s Representative. This indemnity provision shall survive termination or future Laws for the discharge expiration of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienthis Lease.

Appears in 2 contracts

Samples: Sublease (Synacor, Inc.), Sublease (Synacor, Inc.)

Mechanic’s Liens. The Tenant will agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic’s lien 's, material man's, or other lien to arise or be filed against the Premises by reason of Alteration or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other work performed by damage that the Land lord may incur as a result of such liens in the event the same arise or for, or material furnished to, Tenantare filed in contravention of the immediately preceding sentence. If any such mechanic's lien is filed shall at any time against be filed, the Premises, Tenant will shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within 30 thirty (30) days after it receives notice being notified of the date of filing the same. If Tenant fails to discharge any such lien within such periodthereof and before judgment or sale thereunder, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, the Landlord may, but will shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof bonding or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or proceeding deemed appropriate by the deposit of a bond or other security with such court sufficient Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in form, content and amount to procure procuring the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord)' fees, will shall be repaid deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand by demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord and if unpaid may be treated as Additional Rent. Notwithstanding to subject the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien Landlord's estate in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and Premises or any portion of the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesota.

Appears in 2 contracts

Samples: Building Lease Agreement, Minnesota Commercial Lease Agreement

Mechanic’s Liens. The parties hereto expressly acknowledge and agree that the interest of Landlord in the Premises shall not be subject to liens for improvements made by Tenant, and Tenant will shall so notify all contractors making any such improvements of such provision in this Lease. A notice of this provision shall be recorded by Landlord in the Miami-Dade County, Florida Clerk's office. Tenant shall not suffer or permit any mechanic’s 's lien or other lien to be filed against the Premises Premises, or any portion thereof, by reason of Alteration work, labor, skill, services, equipment or other work performed by materials supplied or forclaimed to have been supplied to the Premises at the request of Tenant, or material furnished toof anyone holding the Premises, or any portion thereof, by, through or under Tenant. If any such mechanic's lien is or other lien at the time shall be filed at any time against the PremisesPremises or any portion thereof and Tenant is the cause of same, Tenant, within thirty (30) days after the date Tenant will first becomes aware of the filing of the same, shall cause the same said lien, at Tenant's election, either to be discharged of record or otherwise posting security or providing title insurance to be bonded over the lien within 30 days after it receives notice of the date of filing the samein a manner which is reasonably acceptable to Landlord. If Tenant fails shall fail to discharge any such mechanic's lien or liens or other lien or to bond over the same within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, then Landlord may, but will shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such liensecurity, or in such other manner as is now or may in the future be provided by present or future Laws law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord' fees), will together with interest thereon at the Maximum Interest Rate, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 thirty (30) days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such liendemand therefor. Tenant will indemnify shall indemnify, defend and defend Landlord against and save hold harmless Landlord and the Premises harmless from all Claims losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien.

Appears in 2 contracts

Samples: World Diagnostics Inc, World Diagnostics Inc

Mechanic’s Liens. Tenant will shall use commercially reasonable efforts to not suffer or permit any mechanic’s lien or other lien liens to be filed against the Premises Property (or any portion thereof), nor against Tenant’s Leasehold Estate, by reason of Alteration work, labor, services or materials supplied or claimed to have been supplied to or for the benefit of Tenant, any other work Tenant Parties or anyone holding any interest in the Property or any part thereof by, through or under Tenant or any other Tenant Parties. Upon completion of any such work, Tenant shall, if requested by Xxxxxxxx, deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by such work, if the same are in Tenant’s possession or for, or material furnished to, Tenantcontrol as to subcontractors and materialmen. If any such lien is filed at any time against the Premisesfiled, Tenant will shall within thirty (30) days after the earlier of Tenant obtaining knowledge of such lien or the filing thereof (or such earlier time period as may be necessary to prevent the forfeiture of the Property or any portion thereof or the imposition of a civil or criminal fine with respect thereto), cause the same to be discharged by payment, deposit, bond, order of record a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails to discharge any cause such lien to be discharged within such periodthe period aforesaid, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in formbonding proceedings, content and amount to procure the discharge of such lienany amounts so paid, or in such other manner as is now or may in the future including expenses and interest, shall be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand together with interest at the Delinquency Interest Rate. All work performed, materials furnished, or obligations incurred by Landlord or at the request of any Tenant Party shall be deemed authorized and if unpaid may ordered by the applicable Tenant Party only and nothing contained in this Lease shall be treated deemed or construed in any way as Additional Rentconstituting the consent or request of Landlord, express or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvements, alteration to or repair of the Property or any part thereof, nor as giving any Tenant Party a 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 the filing of any liens against Landlord’s Fee Estate or any interest in Improvements. Notwithstanding To the foregoing, if Tenant desires to contest any such lienextent permitted by applicable law, Tenant may do so provided thatshall defend, within 30 days after the filing thereofindemnify, Tenant notifies Landlord of Tenant’s intention to do so andreimburse and hold Landlord, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises Indemnitees harmless from and against all Claims resulting in any way arising from or relating to the assertionfailure by any Tenant Party to pay for any work performed, filingmaterials furnished, foreclosure or other legal proceedings with respect to any such mechanic’s lien obligations incurred by or other lienat the request of a Tenant Party. This indemnity provision shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Recognition Agreement, Recognition Agreement

Mechanic’s Liens. (a) Except for liens created by or through the act of Landlord, Tenant will shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises by reason at the request of Alteration or other work performed by or forTenant, or material furnished toanyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien is filed or other lien shall at any time be filed or recorded against the Premises, or any portion thereof, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance bonded over the lien within 30 sixty (60) calendar days after it the date that Tenant receives notice of the date filing or recording of filing the same. If However, in the event Tenant fails desires to discharge contest the validity of any lien it shall (i) on or before thirty (30) calendar days prior to the due date thereof (but in no event later than sixty (60) calendar days after the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date thereof, if such lien within such periodinvolves an amount in excess of $100,000, then, bond over or deposit with Landlord security (in addition form and content reasonably satisfactory to any other right or remedy Landlord) for the payment of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the full amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, and from time to time deposit additional security so that, at all times, adequate security will be available for the foreclosure payment or bonding over of the full amount of the lien together with all interest, penalties, costs and other charges in respect thereof. If Tenant complies with the foregoing, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or other proceedings with respect theretoforfeiture of the Premises, of a cash sum sufficient or any part thereof, to secure the discharge of satisfy the same, or Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. If an Event of Default exists, Landlord may apply any deposit then held by Landlord with respect to any such lien to discharge such lien. If no Event of a bond or other security with such court sufficient in formDefault exists, content and amount then any deposit then held by Landlord will be so applied upon Tenant’s written direction. Any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to procure the discharge Tenant. Provided that nonpayment of such lienlien does not cause Landlord to be in violation of any of its contractual undertakings, or in Landlord agrees not to pay such other manner as is now or may in lien during the future be provided by present or future Laws period of Tenant’s contest. However, if Landlord pays for the discharge of such lien as a lien against the Premises. Any or any part thereof from funds of Landlord (and not amounts deposited with Landlord by Tenant for such event), any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ attorney’s fees of LandlordLandlord plus an administration fee equal to 5% of such costs and expenses), will shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding Landlord, together with interest thereon at the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lienOverdue Rate. Tenant will shall indemnify and defend Landlord against and save Landlord and the Premises Premises, and any portion thereof, harmless from and against all Claims losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienlien or the attempt by Tenant to discharge same as above provided.

Appears in 2 contracts

Samples: Lease I Agreement (Amf Bowling Worldwide Inc), Lease Ii Agreement (Amf Bowling Worldwide Inc)

Mechanic’s Liens. Tenant will not permit shall promptly pay in cash or its equivalent and discharge all claims for work or labor done or goods or materials furnished by third parties at the Premises, at the request of Tenant or any Subtenant and shall keep the Premises free and clear of all mechanic's and materialman's liens in connection therewith. If any mechanic’s 's or materialman's lien is filed for work done on behalf of Tenant or other lien to be filed against any Subtenant at, or materials supplied to, the Premises by reason of Alteration or other work performed by or fora third party, or material furnished to, Tenant. If any Tenant shall remove such lien by payment or bond (regardless of whether Tenant contests the claim made by the person asserting such lien and regardless of whether such claim is filed at valid or has any time against the Premises, Tenant will cause the same to be discharged of record basis in fact or otherwise posting security or providing title insurance over the lien within 30 law) not later than thirty (30) days after it receives notice of the date of filing the samewritten demand for such removal is made by Landlord. If Tenant fails shall fail to discharge any such lien within such 30-day period, then, then in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same by paying take such action or pay such amount as Landlord, in its sole discretion, shall deem appropriate to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of remove such lien, the foreclosure thereof and Tenant shall pay to Landlord as Additional Rent all amounts (including attorneys' fees) paid or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or incurred by the deposit of a bond or other security with such court sufficient Landlord in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made connection therewith within five (5) days after demand by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees interest at the Agreed Rate from the date of payment by Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires shall have the right to contest the correctness or the validity of any such lien if, immediately upon demand by Landlord, Tenant procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code ss. 3143 or any similar or successor statute and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Landlord shall have the right to post and keep posted at any and all times on the Premises any notices for the protection of Landlord and the Premises from any such claim. Tenant shall, before the commencement of any work, or the delivery of any materials, which might result in any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies give to Landlord written notice of Tenant’s its (or any subtenant's) intention to do so and, until perform such work or obtain such materials in sufficient time as Tenant causes to enable the posting of such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other liennotices.

Appears in 1 contract

Samples: Lease (Churchill Downs Inc)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party hereunder shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason in connection therewith. Upon completion of Alteration or other any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work performed by or for, or material furnished to, Tenantcosting in excess of $5,000. If any such mechanics or materialmans lien is filed at any time against the Premisesfiled, then Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien shall, within 30 fifteen days after it receives Landlord has delivered notice of the date filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of filing the samePremises 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 discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, then, in addition to any other right or remedy including expenses and interest at the Default Rate from the time of Landlord’s payment, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten business days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the Effective Date 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 portion of the cost of such mechanic’s lien work. Without limiting the generality of the foregoing, Tenant shall notify Landlord in writing no later than one (1) day after the commencement of any work or other lienthe furnishing of any materials at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, indemnify and 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 the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Advanced Medical Optics Inc)

Mechanic’s Liens. Tenant will not permit pay or cause to be paid all costs and charges for: (i) work done by Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear and harmless from and against, all mechanics’ and materialmen’s stop notices, liens and claims of liens (collectively, “Liens”), and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant. If any such Lien, at any time, is filed against the Premises, or any part of the Project, Tenant will cause such Lien to be discharged of record within 30 days after the date Tenant receives notice of the filing of such Lien, either by resolving the matter and causing a release to be recorded in the Official Records of the County in which the Project is located, or by recording a mechanic’s lien release bond in accordance with the provisions of Civil Code Section 8424. If Tenant fails to timely cause the Lien to be removed as described above, Landlord may, at its option, pay to the claimant all amounts necessary to discharge the Lien, regardless of the validity or enforceability of the claim, together with any actual related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such Lien, will be due within 30 days of Landlord’s invoice or statement from Tenant to Landlord as Additional Rent. If Tenant reasonably requests additional documentation or information regarding the charges set forth in such invoice or statement, then Landlord shall promptly provide such documentation or information (which may be provided by email) as Landlord reasonably determines appropriate to substantiate such charges. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in all or any portion of the Project to liability under any Lien or to any other lien law. If Tenant receives notice that a Lien has been or is about to be filed against the Premises by reason or any part of Alteration the Project, or other that any action affecting title to the Project has been commenced to enforce a Lien or otherwise on account of work performed done by or forfor or materials furnished to or for Tenant, or material furnished it will immediately give Landlord written notice of such notice. At least 10 business days prior to the commencement of any work (including, but not limited to, Tenant. If any such lien is filed at any time against repairs or Alterations) in or to the Premises, by or for Tenant or any party claiming through Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge any such lien within such periodpost notices of non-responsibility or similar notices, thenif applicable, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to on the Premises by deposit or in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient public records in order to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and protect the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any and Project against such mechanic’s lien or other lienLiens.

Appears in 1 contract

Samples: Office Lease (Bill.com Holdings, Inc.)

Mechanic’s Liens. Tenant will not permit has no express or implied authority to create or place any mechanic’s lien or other lien encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. Tenant covenants and agrees that it will pay or cause to be filed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises (other than work performed by Landlord or Landlord’s employees, agents or contractors) and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease (other than as a result of work performed by Landlord or Landlord’s employees, agents or contractors), Tenant shall give Landlord immediate Zip Recruiting/604 Arizona-ZipRecruiter Lease written notice of the placing of any lien or encumbrance against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any and cause such lien is filed at any time against the Premises, Tenant will cause the same or encumbrance to be discharged within thirty (30) days of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives Tenant’s receipt of written notice of the date filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of filing the same. If lien or encumbrance and Tenant fails to discharge any causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30) day period, then, in addition to . Without limiting any other right rights or remedy remedies of Landlord, after five if Tenant fails for any reason to cause a lien or encumbrance to be discharged within thirty (30) days prior of Tenant’s receipt of written notice of the filing or recording thereof, then Landlord may take such action(s) as it deems necessary to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure cause the discharge of the samesame (including, or without limitation, by paying any amount demanded by the deposit of a bond party who has filed or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of recorded such lien as a lien against or encumbrance, regardless of whether the Premises. Any amount paid same is in dispute), and Landlord shall be reimbursed by Landlord, or the value of any deposit so made by Landlord, together with Tenant for all reasonable costs, fees costs and expenses incurred by Landlord in connection therewith within ten (including 10) business days following written demand therefor accompanied by reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings supporting documentation with respect to any such mechanic’s lien or other lienthereto.

Appears in 1 contract

Samples: Lease Agreement (Ziprecruiter, Inc.)

Mechanic’s Liens. Tenant will shall not permit suffer any mechanic’s lien or other mechanics' lien to be filed against the Premises by reason of Alteration work, labor, services or other work materials performed by or forfurnished to Tenant in connection with any alterations, additions, or material furnished to, Tenantimprovements to the Premises by Tenant hereunder. If any such mechanics' lien is filed shall at any time be filed against the Premises, Tenant will shall have the right to contest and any and all such liens; provided, however, that Tenant shall cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 thirty (30) days after it receives written notice of the date of filing the sameby Landlord. If Tenant fails shall fail to discharge any cause such lien to be discharged within such thirty (30) day period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantremedy, Landlord may, but will shall not be obligated to, to discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof bonding or other proceedings with respect theretoproceeding deemed appropriate by Landlord, of a cash sum sufficient to secure and the discharge of the sameamount so paid by Landlord and/or all reasonable costs and expense, or including reasonable attorneys' fees, incurred by the deposit of a bond or other security with such court sufficient Landlord in form, content and amount to procure procuring the discharge of such lien, or in such other manner as is now or may in together with interest thereon at the future Default Rate of 18% from the date paid until repaid by Tenant to Landlord, shall be provided by present or future Laws deemed to be additional rent for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees Premises and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will shall be repaid due and payable by Tenant to Landlord on demand the first day of the next following month. Pursuant to the provisions of Florida Statutes (1977) 713.10, all parties hereto acknowledge that the interest of the Landlord herein, as owner of the underlying real property, shall not be subject to liens for improvements made by the Tenant and the imposition of such a lien is expressly prohibited. The Tenant shall notify the contractor making any such improvements of this provision and the knowing or willful failure of Tenant to provide such notice to the contractor shall render the contract between the Tenant and the contractor voidable at the option of the contractor. The interest of the Landlord shall not be subject to liens for improvements made by Tenant and if unpaid the parties acknowledge that a short form of the Lease Agreement may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien recorded in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienpublic records expressly referencing this paragraph.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Mechanic’s Liens. Tenant will not permit has no express or implied authority to create or place any mechanic’s lien or other lien encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. Tenant covenants and agrees that it will pay or cause to be filed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease. Tenant shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any and cause such lien is filed at any time against the Premises, Tenant will cause the same or encumbrance to be discharged within thirty (30) days of record the filing or otherwise posting security recording thereof; provided, however, Tenant may contest such liens or providing title insurance over encumbrances as long as such contest prevents foreclosure of the lien within 30 days after it receives notice of the date of filing the same. If or encumbrance and Tenant fails to discharge any causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30)- day period, then, in addition to . Without limiting any other right rights or remedy remedies of Landlord, after five days prior written notice if Tenant fails for any reason to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed cause a lien or encumbrance to be due discharged within thirty (30) days of the filing or by procuring the discharge of recording thereof, then Landlord may take such lien action(s) as it deems necessary to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure cause the discharge of the samesame (including, or without limitation, by paying any amount demanded by the deposit of a bond party who has filed or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of recorded such lien as a lien against or encumbrance, regardless of whether the Premises. Any amount paid same is in dispute), and Landlord shall be reimbursed by Landlord, or the value of any deposit so made by Landlord, together with Tenant for all reasonable costs, fees costs and expenses incurred by Landlord in connection therewith within five (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on 5) business days following written demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lientherefor.

Appears in 1 contract

Samples: Lease Agreement (Bloom Energy Corp)

Mechanic’s Liens. Tenant will 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 permit any mechanic’s lien or other lien to be filed against State Property. Notwithstanding the Premises by reason of Alteration or other work performed by or forforegoing, or material furnished to, Tenant. If any such if a mechanic's lien is filed at any time against wrongfully placed on the Premises, Tenant will cause shall (a) immediately after it is filed or claimed, have released (by bonding or otherwise) any mechanics’, materialmens’ or other lien filed or claimed against any or all of the same to be discharged Premises or the Improvements, by reason of record labor or materials provided for or about any or all of the Premises, or the improvements during the Term or otherwise posting security arising out of Tenant's use or providing title insurance over the lien within 30 days after it receives notice occupancy of any or all of the date Premises, the improvements, and (b) defend, indemnify and hold harmless Landlord against and from any and all liability, claim of filing the sameliability or expense (including, by way of example rather than of limitation, that of reasonable attorneys' fees) incurred by Landlord on account of any such lien or claim. If Tenant fails to discharge any such lien within such periodfifteen (15) days after it first becomes effective against any of the Premises, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantheld by Landlord on account thereof, Landlord may, but will not be obligated to, may (a) discharge the same it by paying to the claimant the amount claimed to be due or by procuring deposit or bonding proceedings, and/or (b) in any such event compel the discharge prosecution of any action for the foreclosure of any such lien as to by the Premises by deposit lienor and pay the amount of any judgment in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge favor of the samelienor with interest, or by the deposit of a bond or other security with such court sufficient in form, content costs and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws allowances. Tenant shall reimburse Landlord for the discharge of such lien as a lien against the Premises. Any any amount paid by Landlord, or the value of Landlord to discharge any deposit so made such lien and all expenses incurred by LandlordLandlord in connection therewith, together with all reasonable costs, fees and expenses in connection therewith interest thereon at the rate of ten percent (including reasonable attorneys’ fees 10%) per annum from the respective dates of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as 's making such payments for incurring such expenses (all of which shall constitute Additional Rent). Notwithstanding Nothing in the foregoingprovisions of this Lease shall be deemed in any way (a) to constitute Landlord's consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Premises, or (b) to give Tenant any right, power or authority to contract for or permit to be furnished any service or materials, if Tenant desires doing so would give rise to contest the filing of any mechanics' or materialmens; lien against any or all of the Premises or Landlord's estate or interest therein, or (c) to evidence Landlord's consent that the Premises be subjected to any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Ground Lease (Lakes Entertainment Inc)

Mechanic’s Liens. Tenant will not permit shall give landlord twenty (20) days' prior written notice before any construction work on the Premises is undertaken by or on behalf of Tenant. Tenant shall do all things reasonably necessary to prevent the filing of any mechanic’s lien 's liens or other lien to be filed liens against the Premises Center, or any part thereof, by reason of Alteration work, labor, services or other work performed by materials supplied or forclaimed to have been supplied to Tenant or anyone holding the Premises, or material furnished toany part thereof, through or under Tenant. If any such lien is filed shall at any time against the Premisesbe filed, Tenant will shall either cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 twenty (20) days after it receives notice of 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 fails shall fail to discharge any such lien within such periodperiod or fail to furnish such security, then, in addition to any all other right rights or remedy of Landlordremedies, after five days prior written notice to Tenant, Landlord landlord may, but will shall not be obligated to, discharge the same (a) by paying to the claimant the amount claimed to be due or due, (b) by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of court, (c) by giving security, or (d) in such lienother manner as is, the foreclosure thereof or other proceedings with respect theretomay be, of a cash sum sufficient to secure the discharge prescribed by law. Any amount paid by Landlord for any of the sameaforesaid purposes, or by the deposit of a bond or other security with such court sufficient in form, content and amount including all reasonable attorneys' fees to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses necessary disbursements in connection therewith (including reasonable attorneys’ fees therewith, with interest thereon at the maximum rate permitted by law from the date of Landlord)payment, will shall be repaid by Tenant to Landlord landlord on demand by Landlord and and, if unpaid may unpaid, may, at Landlord's election, be treated as an Additional Rent. Notwithstanding Nothing herein contained shall imply any consent or agreement on the foregoingpart of Landlord to subject the Center, if or any part thereof, to liability under any mechanic's lien law. Should Tenant desires 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 contest the Shopping Center ( or any such lienportion thereof), Tenant may do so provided that, within 30 days after the filing shall promptly give Landlord written notice thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Redlands Mall (Business Bancorp /Ca/)

Mechanic’s Liens. (a) Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic’s , laborer or materialman hired by Tenant) which becomes a lien or encumbrance or charge upon the Building 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 Building or any portion thereof may 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 work on the Premises shall be filed against the Premises by reason of Alteration Building or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the Premisesportion thereof, Tenant will shall within thirty (30) days after demand from Landlord, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails shall fail to discharge any cause such lien or notice of lien to be discharged within such periodthe period aforesaid, then, in addition to any other right or remedy of available to Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same such lien by paying to the claimant the amount claimed to be due deposit or by procuring bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the discharge prosecution of an action for the foreclosure of such lien as by the lienor and to pay the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge amount of the samejudgment in favor of the lienor with interest, or costs and allowances as awarded by the deposit a court of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisescompetent jurisdiction. Any amount so paid by LandlordLandlord and all costs and expenses, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord)fees, will payable by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 thirty (30) days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other liendelivery of an invoice therefor.

Appears in 1 contract

Samples: Agreement of Lease (TRAC Intermodal LLC)

Mechanic’s Liens. Tenant will must not permit any mechanicmechanics’ lien for labor or materials furnished or alleged to have been furnished to it to attach to any portion of the Leased Space, the Airport, Tenant’s lien leasehold interest, or other lien this Agreement in any way relating to be filed against the Premises by reason of Alteration or other any work performed by or forat the direction of Tenant. Upon making payments to Subcontractors, Tenant must obtain from each Subcontractor a waiver of mechanics’ liens against any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or material furnished tothis Agreement arising out of any Work done by the Subcontractor and each and every of the Subcontractor’s materialmen and workmen. If, nonetheless, any such mechanics’ lien is filed upon any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement, Tenant must indemnify, protect, defend and save harmless the City against any loss, liability or expense whatsoever by reason of the mechanic’s lien and must promptly and diligently proceed with or defend, at its own expense, the action or proceedings as may be necessary to remove the lien. If Tenant must deliver notice to the Commissioner of any such lien is filed at any time against or claim within 15 days after Tenant has knowledge of it. Tenant may permit the Premisesmechanics to remain undischarged and unsatisfied during the period of the contest and appeal; provided that, upon request by the Commissioner, Tenant must post a bond with the City equal to 150% of the amount of the lien. If the lien is stayed and the stay later expires or if by nonpayment of any lien any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement will be, or is claimed to be, subject to loss or forfeiture, then Tenant must immediately pay and cause the same to be satisfied and discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samelien. If Tenant fails to discharge any such lien within such perioddo so, thenthe Commissioner may, in addition to any other right or remedy of Landlordthe Commissioner’s sole discretion, after five days prior written notice to Tenantdraw on the bond and make such payment. If the Commissioner has not requested a bond, Landlord then the Commissioner may, but will not be obligated toin the Commissioner’s sole discretion, discharge the same by paying to the claimant make such payment out of legally available Airport funds and, in such event, the amount claimed to paid shall immediately be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires Failure to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed post a bond when requested by the payment thereof Commissioner or by bonding over pay such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienAdditional Rent shall be an Event of Default.

Appears in 1 contract

Samples: Concession Lease and License Agreement

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialman who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 fifteen (15) days after it receives the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any cause such lien or claim to be discharged and removed from record within such fifteen (15) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as 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 six percent (6%) 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by Landlordmechanic's, together with all reasonable costslaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, fees mechanic, supplier, materialman or laborer and expenses in connection therewith (including reasonable attorneys’ fees shall include without limitation any mechanic's notice of Landlord), will be repaid by Tenant intention given to Landlord on demand 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 Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other 's lien.

Appears in 1 contract

Samples: Office Space Lease (CRW Financial Inc /De)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 thirty (30) days after it receives the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any 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 of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by Landlordmechanic's, together with all reasonable costslaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, fees mechanic, supplier, materialman or laborer and expenses in connection therewith (including reasonable attorneys’ fees shall include without limitation any mechanic's notice of Landlord), will be repaid by Tenant intention given to Landlord on demand 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 Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other 's lien.

Appears in 1 contract

Samples: Lease (Bio Imaging Technologies Inc)

Mechanic’s Liens. 20. No work performed by Tenant will not permit 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 materials with respect to any work performed by Tenant or its contractor on or about the Leased Premises. In the event any mechanic’s lien or other lien to shall at any time be filed against the Leased Premises by reason of Alteration work, labor, services or other work materials performed by or forfurnished, or material alleged to have been performed or furnished toto Tenant or to anyone holding the Leased Premises through or under Tenant, Tenant. If or if Landlord or Tenant shall receive a written notice of any such lien is filed at any time against the Premisesintent to file a lien, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over bonded to the lien within 30 days after it receives notice satisfaction of the date of filing the sameLandlord. If Tenant fails shall fail to discharge any cause such lien within to be so discharged or bonded after being notified of the filing thereto or the intent to file such periodlien, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, may bond or discharge the same by paying to the claimant the amount claimed to be due due, and the amount so paid by Landlord including reasonable attorneys’ fees incurred by Landlord, either in defending against such lien or by in procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof bonding or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costsinterest thereon at the Default Rate, fees shall be due and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid payable by Tenant to Landlord on upon demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Sublease Agreement (Quality Systems Inc)

Mechanic’s Liens. Tenant will shall not suffer or permit any mechanic’s 's lien or other lien to be filed against all or any portion of the Premises by reason or the Project because of Alteration work, labor, services, equipment or other work performed by materials supplied or forclaimed to have been supplied to the Premises at the request of Tenant, or material furnished to, anyone holding all or any portion of the Premises through Tenant. If any such lien is filed at against all or any time against portion of the Premises, Tenant will shall give Landlord immediate notice of the filing and shall cause the same lien to be discharged within 10 days after Landlord's demand, provided that Tenant may contest in good faith by appropriate legal proceedings the validity of record any lien or otherwise posting claim of lien so long as (a)Tenant is not then in default under this Lease beyond any applicable cure period, (b) Tenant first deposits with Landlord a bond or other security or providing title insurance over reasonably satisfactory to Landlord in the amount reasonably required by Landlord, (c) foreclosure of the lien is stayed pending the contest; and (d) Tenant pays any judgment rendered for the lien claimant or other third party within 30 ten (10) days after it receives notice the entry of the date of filing the samejudgment. If Tenant fails to discharge any such lien within such period, thenperiod or contest such lien as permitted in this Section 8.4, in addition to any other right or remedy of LandlordLandlord may have, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such any other manner as that is now or may in the future be provided permitted by present or future Laws for the discharge of such lien as a lien against the Premiseslaw. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including Landlord's reasonable attorneys’ fees of LandlordAttorneys' Fees as defined in Section 18.20), will together with interest thereon at the Agreed Rate, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lienLandlord. Tenant will shall indemnify and defend Landlord against all losses, costs, damages, expenses (including reasonable Attorneys' Fees), liabilities, penalties, claims, demands and save Landlord and the Premises harmless obligations, reslting from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Net Lease Agreement (Apex Pc Solutions Inc)

Mechanic’s Liens. Tenant will not permit If any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien is filed shall at any time be recorded against the PremisesProperties or any part thereof, Tenant Tenant, within 30 days after notice to it of such lien or claim of lien, or within ten days after commencement of foreclosure action thereon, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise posting security otherwise; provided, that if Tenant (or providing title insurance over Guarantor) has a net worth in excess of $200,000,000, then Tenant will have the right to contest the lien claim in good faith by appropriate action without causing it to be discharged of record, unless and until the lien claimant commences enforcement action (in which event Tenant will cause it to be discharged of record as a lien against the realty within 30 twenty (20) days after it receives notice Tenant is notified of commencement of the date enforcement action), so long as Tenant delivers to Landlord an indemnity agreement specifically covering the lien claim being contested, in form prepared by Tenant and reasonably acceptable to Landlord, that Tenant will unconditionally indemnify Landlord with respect to the lien claim and will cause it to be discharged of filing record as a lien against the samerealty within the 20-day period referenced above. If Tenant fails shall fail to discharge any cause such lien to be discharged as herein provided within such periodthe period aforesaid, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantwhich Landlord may have under this Lease or otherwise, Landlord may, but will shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to defend the court having jurisdiction prosecution of such lien, an action for the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against by the Premises. Any lienor and to pay the amount paid by Landlord, or the value of any deposit so made by Landlordjudgment in favor of the lienor with interest, together with all reasonable costscosts and allowances included in such judgment, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by recover such sums plus interest from Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienadditional rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Meyer Fred Inc)

Mechanic’s Liens. Tenant will not permit If any mechanic’s mechanics’ lien or other lien to shall at any time be filed against the Premises by reason of Alteration or other work performed by or forany Individual Property, or material furnished to, Tenant. If any such lien is filed at any time against the Premisesportion thereof, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 forty-five (45) days after it receives notice of the date of filing the sameobtaining actual knowledge thereof, by either payment, deposit, bond or otherwise. If Tenant fails shall fail to discharge any such mechanics’ lien for claims within such period, then, in addition to any other right or remedy of Landlord, after five on no less than fifteen (15) days’ prior written notice to Tenant (but in any event following the commencement of any enforcement action being taken with respect to such mechanic’s lien), Landlord may, but shall not be obligated to, procure the discharge of the same of record. Prior to Landlord discharging any such mechanics’ lien, Landlord shall use commercially reasonable efforts to discuss in good faith the circumstances surrounding such mechanics’ lien and any ongoing Tenant efforts to resolve such mechanics’ lien. Any amount paid by Landlord to effectuate such discharge, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in procuring the discharge of any such lien, shall become due and payable by Tenant within thirty (30) days following written demand accompanied by reasonable supporting documentation. Notwithstanding anything to the contrary, so long as Tenant is reasonably involved in “Contest Procedures” for any mechanic’s lien, then (i) Landlord shall not take any action to procure the discharge of such lien and (ii) the timing requirements to discharge such lien is stayed and inapplicable. As used herein, “Contest Procedures” means, with respect to any contested obligation of Tenant, that Tenant is contesting in good faith and with due diligence the amount, validity or application thereof by appropriate proceedings at Tenant’s sole cost and expense, provided in each case that (i) such proceedings are conducted in accordance with all applicable Legal Requirements and contractual obligations and have the effect of suspending collection and enforcement; (ii) no part of or interest in any Individual Property is in danger of being sold, forfeited, terminated, cancelled or lost; (iii) Tenant has notified Landlord of such proceedings in writing, keeps Landlord reasonably apprised of the status thereof, and promptly responds to any reasonable informational requests from Landlord with respect thereto; (iv) promptly upon final determination thereof, Tenant pays any amount determined to be payable and complies with any obligation determined to be valid or applicable; (v) Tenant furnishes to Landlord such security as may be reasonably requested by Landlord to insure compliance with the contested obligations, together with all interest and penalties payable in connection therewith (and, upon prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of apply any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request necessary to provide funds cause compliance with which Landlord may discharge such lien obligations at any time when, in the event reasonable judgment of Landlord, the amount determined to be payable or the validity, applicability or violation of such obligations is finally established or the Individual Property, or any part thereof or interest therein, is in danger of being sold, forfeited, terminated, cancelled or lost); and (vi) there is not otherwise then an Event of Default under this Lease. For the avoidance of doubt, Tenant is unsuccessful shall no longer be considered involved in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord Contest Procedures if the mechanic’s lien causes the commencement of a foreclosure action against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure any part of any Individual Property or other legal proceedings with respect to any such mechanic’s lien or other lienconstitutes a default under any loan documents.

Appears in 1 contract

Samples: Loan Agreement (Washington Prime Group, L.P.)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien 's liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within ten (10) business days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record; or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or other lienaffiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the "INDEMNITEES") 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 the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Mechanic’s Liens. Tenant will not permit any pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises; and the Project free, clear and harmless of and from all mechanic’s liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises, or any part of the Project, Tenant will cause such 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 by reason or the Project or any action affecting title to the Project has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, or material furnished it 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, any material maintenance, repairs, alterations, additions, improvements or installations) in or to the premises, by or for Tenant. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Agreement (Go Daddy Group, Inc.)

Mechanic’s Liens. Tenant will not permit has no express or implied authority to create or place any mechanic’s lien or other lien encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. Tenant covenants and agrees that it will pay or cause to be filed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease. Tenant shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any and cause such lien is filed at any time against the Premises, Tenant will cause the same or encumbrance to be discharged of record within twenty-five (25) days after Tenant is notified (or otherwise posting security actually becomes aware) of the filing or providing title insurance over recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien within 30 days after it receives notice of the date of filing the same. If or encumbrance and Tenant fails to discharge any causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such period, then, in addition to . Without limiting any other right rights or remedy remedies of Landlord, after five days prior written notice if Tenant fails for any reason to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed cause a lien or encumbrance to be due discharged within twenty-five (25) days after Tenant is notified (or by procuring otherwise actually becomes aware) of the discharge of filing or recording thereof, then Landlord may take such lien action(s) as it deems necessary to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure cause the discharge of the samesame (including, or without limitation, by paying any amount demanded by the deposit of a bond party who has filed or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of recorded such lien as a lien against or encumbrance, regardless of whether the Premises. Any amount paid same is in dispute), and Landlord shall be reimbursed by Landlord, or the value of any deposit so made by Landlord, together with Tenant for all reasonable costs, fees costs and expenses incurred by Landlord in connection therewith within five (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on 5) business days following written demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lientherefor.

Appears in 1 contract

Samples: Lease Agreement (Allogene Therapeutics, Inc.)

Mechanic’s Liens. Tenant will not has no right or authority to impose or permit any mechanic’s lien or other lien to be filed against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time claim against the Premises, the Building, the Building Complex or its interest in or under this Lease. Tenant shall pay all costs for work done by or for Tenant in the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) and Tenant will keep the Premises and the Building Complex free and clear of all mechanics' and other liens on account of work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished to Tenant or persons claiming under Tenant. Should any such claims be made or liens be recorded against the Premises, the Building or the Building Complex or should any action affecting the title thereto be commenced as a result of any such work, Tenant shall cause the same claim to be discharged satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or otherwise posting lien, Tenant shall give notice to Landlord of Tenant's intent to contest it and, within five days after the recording of any such liens, Tenant shall either furnish to Landlord adequate security satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest or providing title insurance bond over any lien under CRS 00-00-000 and as soon as possible thereby have the lien within 30 days after it receives notice against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of the date of filing the sameany lien for any amount is entered, Tenant shall immediately pay and satisfy it. If Tenant fails to discharge pay any amount in the time periods provided herein, Landlord may (but without being required to do so) pay such lien within such periodor claim and any costs, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant and the amount claimed to be due or by procuring the discharge so paid, plus 20% of such lien amounts as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlordan overhead/administration charge, together with all reasonable costs, attorneys' fees and expenses incurred in connection therewith (including reasonable attorneys’ fees of Landlord)therewith, will shall be repaid by immediately due from Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Office Lease (Esoft Inc)

Mechanic’s Liens. Tenant will must not permit any mechanicmechanics’ lien for labor or materials furnished or alleged to have been furnished to it to attach to any portion of the Leased Space, the Airport, Tenant’s lien leasehold interest, or other lien this Agreement in any way relating to be filed against the Premises by reason of Alteration or other any work performed by or forat the direction of Tenant. Upon making payments to Subcontractors, Tenant must obtain from each Subcontractor a waiver of mechanics’ liens against any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or material furnished tothis Agreement arising out of any Work done by the Subcontractor and each and every of the Subcontractor’s materialmen and workmen. If, nonetheless, any such mechanics’ lien is filed upon any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement, Tenant must indemnify, protect, defend and save harmless the City against any loss, liability or expense whatsoever by reason of the mechanic’s lien and must promptly and diligently proceed with or defend, at its own expense, the action or proceedings as may be necessary to remove the lien. If Tenant must deliver notice to the Commissioner of any such lien is filed at any time against or claim within 15 days after Tenant has knowledge of it. Tenant may permit the Premisesmechanics to remain undischarged and unsatisfied during the period of the contest and appeal; provided that, upon request by the Commissioner, Tenant must post a bond with the City equal to 150% of the amount of the lien. If the lien is stayed and the stay later expires or if by nonpayment of any lien any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement will be, or is claimed to be, subject to loss or forfeiture, then Tenant must immediately pay and cause the same to be satisfied and discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samelien. If Tenant fails to discharge any such lien within such perioddo so, thenthe Commissioner may, in addition to any other right his or remedy of Landlordher sole discretion, after five days prior written notice to Tenantdraw on the bond and make such payment. If the Commissioner has not requested a bond, Landlord then the Commissioner may, but will not be obligated toin his or her sole discretion, discharge the same by paying to the claimant make such payment out of legally available Airport funds and, in such event, the amount claimed to paid shall immediately be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires Failure to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed post a bond when requested by the payment thereof Commissioner or by bonding over pay such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienAdditional Rent shall be an Event of Default.

Appears in 1 contract

Samples: Concession Lease and License Agreement

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodreasonable amounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within thirty (30) days after Landlord has invoiced Tenant therefor, together with reasonable supporting evidence. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or with any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. Tenant shall defend, indemnify and 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 other lienrelating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Mechanic’s Liens. Tenant will shall pay or cause to be paid all costs and charges for work done by Tenant or caused to be done by Tenant in or to the Premises, and for all materials furnished for or in connection with such work. Tenant shall indemnify Landlord against and hold Landlord, the Premises and the Building free, clear, and harmless from and against all mechanics’ liens and claims of liens and all other liabilities, liens, claims and demands on account of such work or materials by or on behalf of Tenant. If any such lien at any time is filed of record against the Premises or any part of the Building, Tenant shall cause such lien to be removed of record within 15 days after written notice of the filing of such lien, except that if Tenant desires to contest such lien without filing a bond and removing the lien of record in accordance with statute, it shall furnish Landlord for delivery to the court in which the claimant seeks to enforce its lien, within such 15 day period, security sufficient to cause the lien to be released of record. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant fails to remove of record any such mechanics’ lien and has not permit given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest in respect of such lien, and the amount so paid, together with reasonable attorneys’ fees incurred by Landlord in connection with such lien, shall be due from Tenant to Landlord as Additional Rent within 30 days after written notice. Nothing contained in this Lease shall be deemed the consent or agreement of Landlord to subject Landlord’s interest in the Building to liability under any mechanic’s lien mechanics’ or other lien law. If Tenant receives notice or otherwise becomes aware that a lien has been or is about to be filed against the Premises by reason or the Building or any action affecting title to the Building has been or is about to be commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, or material furnished to, Tenant. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives shall promptly give Landlord written notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Office Lease (Thayer Ventures Acquisition Corp)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant, other than work performed by Landlord pursuant to the Workletter. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and 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 permit given Landlord security as described above, or has not complied with such statutory procedures as 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 Project to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises by reason or the Project, or that any action affecting title to the Project has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or material furnished to, Tenant. If any such lien is filed at any time against installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of nonresponsibility or similar written notices on the Premises in order to protect the Premises against any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Office Lease (Xcarenet Inc)

Mechanic’s Liens. No work performed by Tenant will not permit any mechanic’s lien 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. Unless Tenant reasonably disputes an invoice, Tenant shall pay promptly any amounts actually due to all persons furnishing labor or materials with respect to any work performed by Tenant or its contractors on or about the Premises. In the event any mechanics’ or other lien shall at any time be filed against the Premises by reason of Alteration work, labor, services or other work materials performed by or forfurnished, or material furnished toalleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant. If any such lien is filed at any time against the Premises, Tenant will shall forthwith cause the same to be discharged of record or otherwise posting security or providing title insurance over bonded to the lien satisfaction of Landlord within 30 a reasonable period but in no event later than twenty (20) days after it Tenant receives notice of the date such lien or claim of filing the samelien. If Tenant fails shall fail to discharge any cause such lien forthwith to be so discharged or bonded within such perioda reasonable period after being notified of the filing thereof (but in no event later than twenty (20) days after Tenant receives notice of same), then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, may bond or discharge the same by paying to the claimant the amount claimed to be due or due, and the amount so paid by procuring the discharge of Landlord including reasonable attorneys’ fees incurred by Landlord either defending against such lien as to the Premises by deposit or in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure procuring the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costsinterest thereon at the Default Rate, fees shall be due and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienRental.

Appears in 1 contract

Samples: Lease Agreement (Argos Therapeutics Inc)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s, laborer’s or materialman’s lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 twenty five (25) days after it receives notice Tenant obtains knowledge of the date filing thereof or after Tenant’s receipt of filing notice thereof, whichever is earlier, regardless of the samevalidity of such lien or claim. If Tenant fails shall fail to discharge any 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 of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will shall not be obligated to, contest the lien or claim oil discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by Landlordmechanic’s, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenantlaborer’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanicmaterialman’s lien or other arising out of any debt or liability to 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 any person entitled to any mechanic’s lien.

Appears in 1 contract

Samples: Lease (Icon PLC /Adr/)

Mechanic’s Liens. Landlord and Tenant covenant to each other that ---------------- they will not permit any mechanic’s lien or other lien to be filed against the Premises by reason or the Shopping Center (or any part thereof) as a result of Alteration or other work performed by or nonpayment for, or material furnished disputes with respect to, labor or materials furnished to the Premises or the Shopping Center for or on behalf of Tenant, Landlord or any party claiming by, through, or under Tenant or Landlord, nor shall either party permit any judgment, lien or attachment to lie, as applicable, against the Premises or the Shopping Center. If Should any such lien is of any nature, including but not limited to the foregoing, be filed at any time against the Premises, Tenant will or the Shopping, Center (or any part thereof), the party on account of whose actions such lien has been filed shall, within thirty (30) days after receipt of written notice of such lien, cause the same said lien to be discharged of record removed, or otherwise protected against execution during good faith contest, by substitution of collateral, posting security a bond therefor, escrowing of adequate funds to cover the claim and related transaction costs or providing such other method as may be permissible under applicable title insurance over regulations and reasonably acceptable to the lien within 30 days after it receives notice of the date of filing the sameother party hereto. If Tenant fails shall fail to discharge any cause such lien to be so discharged or otherwise protected within such periodthirty (30) days after notice of filing thereof, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same same, by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien without inquiring as to the Premises by deposit in the court having jurisdiction validity of any such lien, and the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount so paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys' fees incurred by Landlord in connection therewith, plus interest at the Default Rate from the date of Landlord)Tenant's receipt of notice from Landlord that Landlord has paid same, will shall be repaid due and payable by Tenant to Landlord on upon demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding Furthermore, subject to the foregoingterms of this paragraph, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Landlord desires or is required to obtain current title insurance covering the Shopping Center or any part thereof, whether such title insurance insures the interest of Landlord, a purchaser or prospective purchaser of the Shopping Center or any part thereof, or any present or future lender, Tenant is unsuccessful in its contest shall, at Tenant's sole cost and then fails expense, take all action as may be required to discharge induce the title insurance company issuing such lientitle insurance (the cost of such insurance to be paid for by Landlord) to insure over (the cost of such endorsement or coverage to be paid for by Tenant) any mechanic's lien relating to or arising out of the construction of the Improvements which Tenant has allowed to remain filed of record against the Premises or the Shopping Center (or part thereof) more than thirty (30) days after receipt of written notice thereof. Tenant will indemnify agrees to indemnify, defend and defend hold Landlord against and save Landlord and the Premises harmless from and against any and all Claims resulting from the assertionsuch title exceptions, filingand all costs, foreclosure or other legal proceedings expenses and attorneys' fees in connection with respect to any such mechanic’s lien or other lientitle exceptions.

Appears in 1 contract

Samples: Lease (First Capital Institutional Real Estate LTD 4)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or 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 not permit keep the Premises free and clear of all mechanics’ liens, and other liens on account of work done for Tenant or persons claiming under it, excluding any mechanic’s lien finish work performed by Landlord pursuant to the Work Agreement. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and fiom 811 liability, loss, damage, costs, or other lien expenses, including attorneys’ fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Should Tenant receive any notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the claim. Should any liens be filed or recorded against the Premises by reason or any action affecting the title thereto be commenced as a result of Alteration such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after the filing or other work performed by or for, or material furnished to, Tenantrecording of such liens. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such claim of lien, Tenant may do so provided thatshall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the amount of the claim, within 30 days after plus estimated costs and interest, or at Tenant’s option, file a bond with the filing thereofappropriate court and obtain a release of the lien pursuant to Section 30-00-000, C.R.S. If a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as shall pay and satisfy the same at once. If Tenant causes such lien to shall be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with default in paying any charge for which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such a mechanic’s lien or other liensuit 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 claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord.

Appears in 1 contract

Samples: Office Building Lease (Smart Move, Inc.)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any time against the Premisesfiled, then Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien shall, within 30 fifteen (15) days after it receives Landlord has delivered notice of the date filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of filing the samePremises 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 discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, then, in addition to any other right or remedy including expenses and interest at the Default Rate from the time of Landlord’s payment, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. Without limiting the generality of the foregoing, Tenant shall notify Landlord in writing no later than one (1) day after the commencement of any work or other lienthe furnishing of any materials at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, indemnify and 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 the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (ARYx Therapeutics, Inc.)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or 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 not permit keep the Premises free and clear of all mechanics' liens, and other liens on account of work done far Tenant or persons claiming under it, excluding any mechanic’s lien finish work performed by Landlord pursuant to the Work Letter. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or other lien expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant Should Tenant receive any notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the claim. Should any liens be filed or recorded against the Premises by reason or any action affecting the title thereto be commenced as a result of Alteration or other such work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against (which term includes the Premisessupplying of materials), Tenant will shall cause the same such liens to be discharged removed of record or otherwise posting security or providing title insurance over the lien within 30 five (5) days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge recording of such lien as to the Premises by deposit in the court having jurisdiction of such lienliens, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if If Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord claim of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify shall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and defend interest or, at Tenant's option, file a bond with the appropriate court and obtain a release of the lien pursuant to Section 38-00-000, X.R.S. If a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same at once if Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not have given Landlord against security as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and save Landlord any costs, and the Premises harmless amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect Tenant to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Front Range Capital Corp

Mechanic’s Liens. (a) Tenant will shall not suffer or permit any mechanic’s 's lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises by reason at the request of Alteration or other work performed by or forTenant, or material furnished toanyone holding the Premises, Tenantor any portion thereof, through or under Tenant whereby the estate, rights or title of Landlord are encumbered. If any such mechanic's lien is filed or other lien shall at any time be filed or recorded against the Premises, or any portion thereof, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien bonded against to Landlord's satisfaction within 30 sixty (60) days after it receives notice of the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of any such lien, it shall notify Landlord and Landlord's Mortgagee in writing that Tenant intends to so contest same and, on or before the due date thereof, post a bond or otherwise discharge of record or procure title insurance over such lien. If Tenant complies with the foregoing and Landlord's Mortgagee does not object to such contest, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or forfeiture of the Premises, or any part thereof, to satisfy the same, Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. Any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to Tenant. Landlord agrees not to pay such lien during the period of Tenant's contest in accordance with this Section. If Tenant fails to discharge discharge, bond or contest any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, accordance with this Section and Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws pays for the discharge of any such lien as a lien against the Premises. Any or any part thereof from funds of Landlord, any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ attorney's fees of Landlord), will together with interest thereon at the Overdue Rate, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lienLandlord. Tenant will shall be solely liable for, and agrees to indemnify and defend Landlord against and save Landlord and the Premises Premises, and any portion thereof, harmless from and against all Claims losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lienlien or the attempt by Tenant to discharge same as above provided.

Appears in 1 contract

Samples: Lease Agreement (Transkaryotic Therapies Inc)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record; or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 12 with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or other lienaffiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) 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 the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

Mechanic’s Liens. Tenant will not has no right or authority to impose or permit any mechanic’s lien or other lien to be filed against the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time claim against the Premises, the Building, the Building Complex or its interest in or under this Lease. Tenant shall pay all costs for work done by or for Tenant in the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) and Tenant will keep the Premises and the Building Complex free and clear of all mechanics' and other liens on account of work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished to Tenant or persons claiming under Tenant. Should any such claims be made or liens be recorded against the Premises, the Building or the Building Complex or should any action affecting the title thereto be commenced as a result of any such work, Tenant shall cause the same claim to be discharged satisfied before being recorded, or if the claim or lien is recorded to be removed of record within ten days after recording. If Tenant desires to contest any claim or otherwise posting lien, Tenant shall give notice to Landlord of Tenant's intent to contest it and, within ten days after the recording of any such liens, Tenant shall either furnish to Landlord adequate security satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest or providing title insurance bond over any lien under CRS 00-00-000 and as soon as possible thereby have the lien within 30 days after it receives notice against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of the date of filing the sameany lien for any amount is entered, Tenant shall immediately pay and satisfy it. If Tenant fails to discharge pay any amount in the time periods provided herein, Landlord may (but without being required to do so) pay such lien within such periodor claim and any costs, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant and the amount claimed to be due or by procuring the discharge so paid, plus 20% of such lien amounts as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlordan overhead/administration charge, together with all reasonable costs, attorneys' fees and expenses incurred in connection therewith (including reasonable attorneys’ fees of Landlord)therewith, will shall be repaid by immediately due from Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Office Lease (Lightbridge Inc)

Mechanic’s Liens. The Tenant will not permit permit, during the term hereby granted, any mechanic’s lien 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 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 reason of Alteration payment, deposit or other work performed by or forbond fixed in a proper proceeding according to law. If the Tenant shall fail to take such action, or material furnished to, Tenant. If any shall not cause such lien is filed at any time against the Premises, Tenant will cause the same or order to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith sixty (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 60) days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge the same by deposit or by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the expenses incurred by the Landlord, including all reasonable attorneys’ fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed additional rent. Any reasonable expenses incurred by Landlord in connection with the event Tenant is unsuccessful examination of title to the premises in its contest and then fails order to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord ascertain the existence of any lien or encumbrance and the Premises harmless from all Claims resulting from the assertiondischarge of record thereof, filingshall be payable by Tenant to Landlord on demand, foreclosure or other legal proceedings together with respect to any such mechanic’s lien or other lieninterest as aforesaid, as additional rent.

Appears in 1 contract

Samples: Sublease Agreement (Criteo S.A.)

Mechanic’s Liens. All work performed, materials furnish- ed, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien 's or other lien construction liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within ten days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships) and that Tenant is not authorized to act as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest Landlord's common law agent or construction agent in connection with any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien work performed in the manner provided by applicable LawPremises. Accordingly, posting all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertionfurnishing of any labor, filingservices, foreclosure materials, supplies or other legal proceedings 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 portion of the cost of such mechanic’s lien work. Tenant shall defend, indemnify and 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 other lienrelating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien 's liens to be filed against the Premises by reason or the Premises in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within thirty days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will the Premises 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 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 portion of the cost of such mechanic’s lien work. Tenant shall defend, indemnify and 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 other lienrelating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Luvu Brands, Inc.)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record; or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or other lienexpiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sangamo Therapeutics, Inc)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or 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 not permit keep the Premises free and clear of all mechanics' liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any mechanic’s lien claims of any nature whatsoever including claims or other lien liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Premises by reason or any action affecting the title thereto be commenced as a result of Alteration or other such work performed by or for(which term includes the supplying of materials), or material furnished to, TenantTenant shall cause such liens to be removed of record within ten (10) days after notice from Landlord. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such claim of lien, Tenant may do so provided thatshall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the amount of the claim, within 30 days after plus estimated costs and interest and, if a final judgment establishing the filing thereofvalidity or existence of any lien for any amount is entered, Tenant notifies shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not have given Landlord of Tenant’s intention security as aforesaid, Landlord may (but without being required to do so and, until such time as Tenant causes so) pay such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Lawclaim and any costs, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect Tenant to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Lease Agreement (Infocrossing Inc)

Mechanic’s Liens. Section 10.1 Freedom from Liens. Tenant will shall not suffer or permit any mechanic’s lien 's liens or other lien liens to be filed against the Demised Premises by reason of Alteration work, labor, skill, services, equipment or other work performed by materials supplied or forclaimed to have been supplied to the Demised Premises at the request of Tenant or any party acting by, through or material furnished to, under Tenant. If any such lien is filed mechanic's liens or other liens are at any time filed against the Demised Premises, or any portion thereof, Tenant will shall cause the same to be discharged of record record, or otherwise posting security or providing shall cause the same to be insured by a title insurance over the lien company reasonably acceptable to Landlord, in either case within 30 days after it receives notice of the date of the filing the samethereof. If Tenant fails to discharge any or insure over such lien mechanic's liens or other liens within such period, then, in addition to any other right or remedy of Landlord, after five days days' prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lienliens, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lienliens, or in such other manner as is now or may in the future be provided by present or future Laws law for the discharge of such lien liens as a lien against the Demised Premises. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including including, without limitation, reasonable attorneys' fees of Landlord), will together with interest thereon at the Maximum Rate of Interest, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may shall be treated as Additional Rent. Notwithstanding To the foregoing, if Tenant desires to contest any such lienfullest extent allowed by law, Tenant may do so provided thatshall indemnify, within 30 days after defend and hold the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises Parties harmless from and against any and all Claims resulting arising or resulting, in whole or in part, directly or indirectly, from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien 's liens or other lienliens. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens or other liens for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised Premises.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Tenant will may not cause or permit any mechanic’s lien 's or other materialman's lien to be filed against placed upon Landlord's interest in the Project or the Premises or any part thereof by reason of Alteration or other work performed by or forany contractor, subcontractor, laborer, or material furnished tomaterialman performing any labor or furnishing any materials to Tenant for any improvement alteration, Tenantor repair of or to the Premises, the Project or any part thereof. If any such lien is filed at any time against on Landlord's interest or Tenant's interest in the Premises, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice filing, unless caused by the negligence or willful misconduct of the date Landlord or Landlord's Parties. However, nothing herein contained shall prevent Tenant from contesting, in good faith, and at its own expense, any such lien or claim of filing the samelien. If Tenant fails to does not discharge any such the lien within the 30-day period (and Tenant is not contesting such periodclaim in good faith during such period in accordance with this Paragraph 18), then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will is not be obligated to, discharge the same lien by paying to the claimant the amount claimed to be due or by procuring the discharge of such the lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisesbonding. Any amount paid by Landlord, or the value of Landlord relating to any deposit so made lien not caused by Landlord, together with and all reasonable costslegal and other expenses of Landlord, fees and expenses in connection therewith (including reasonable attorneys’ fees ' fees, in defending any action or in procuring the discharge of Landlord)any lien, will be repaid is payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 thirty (30) days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time Landlord's written demand as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienadditional Rent.

Appears in 1 contract

Samples: Office Lease (Denbury Resources Inc)

Mechanic’s Liens. 35. The Tenant will shall not permit do any mechanic’s act or make any contract, which may create or be the foundation for any lien or other encumbrance upon any interest of the Landlord in the premises. If, as the result of any act, or omission or alleged act or omission of the Tenant, any mechanic’s, materialmen’s, laborer’s or other lien to charge or order for the payment of money or other encumbrance shall be filed against the Premises by reason Landlord or any portion of Alteration the premises, whether or other work performed by not such lien, charge, order or forencumbrance is valid or enforceable as such, or material furnished tothe Tenant shall, Tenant. If any such lien is filed at any time against the Premisesits own cost and expense, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over bonded within 10 cays after notice to the lien within 30 days after it receives notice Tenant of the date of filing thereto. The Tenant shall indemnify and save harmless the sameLandlord from all cost, liabilities, suits, penalties, claims and demands, including reasonable attorney’s fees, resulting therefrom. At the Landlord’s option the Tenant will furnish lien waivers or a bond in form and with surety satisfactory the Landlord prior to commencing any work in connection with making alterations or improvements to the premises. If the Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge comply with the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lienforegoing provisions, the foreclosure thereof Landlord shall have the option of discharging or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest bonding any such lien, Tenant may do so provided thatcharge, within 30 days after the filing thereoforder or encumbrance, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from Tenant agrees to reimburse the Landlord for all Claims resulting from costs, expense and other sums of money in connection therewith upon demand. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with the assertionTenant for furnishing of any labor, filingservices, foreclosure materials, supplies or other legal proceedings equipment with respect to any portion of the premises are hereby charged with notice that they must look exclusively to the Tenant to obtain payment for same, and the Tenant agrees to so inform such mechanic’s lien or other lien.persons. /s/ MG INITIALS STANDARD TERMS AND CONDITIONS LANDLORD’S REIMBURSEMENT

Appears in 1 contract

Samples: Business Lease (Liberator Medical Holdings, Inc.)

Mechanic’s Liens. Tenant will shall keep the Premises free and clear of mechanic's and materialmen's liens and other liens of a similar nature in connection with work of any character performed on the Premises by or at the direction of Tenant, whether or not permit such work involves any addition or alteration to the Premises. In the event that one or more mechanic’s lien 's or other lien to materialmen's liens shall be filed against the interest of Landlord or Tenant in connection with work performed on the Premises by or at the direction of the Tenant, Tenant shall notify Landlord thereof and shall, within thirty (30) days of the date of filing of such lien, pay the amount claimed, obtain a bond over any lien, otherwise obtain the discharge of such lien forthwith, or deposit with Landlord such security as Landlord shall specify to insure payment of such lien and prevent any sale, foreclosure or forfeiture of the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samenon-payment. If Tenant fails shall fail to discharge any such lien within such period, period then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, procure its discharge the same and any costs and expenses incurred or sums and amounts expended by paying Landlord in connection with any such discharge, together with interest thereon at a rate of twelve percent (12%) per annum, shall be payable by Tenant to the claimant the amount claimed to be due or by procuring the discharge Landlord on demand as Additional Rent. On final determination of such lien or claim for lien, Xxxxxx shall immediately pay any judgment rendered against Tenant with all proper costs and charges and shall satisfy the judgment and release the lien of record at its expense. Upon payment and satisfaction of any judgment by Xxxxxx and release of lien, Landlord shall reimburse any deposits received by Landlord as to security from Tenant. If any such lien shall be placed on the Premises by deposit in and be ripened into a judgment which becomes final, Landlord, at its option, may pay such final judgment and clear the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge Premises of such lien as a lien against and the Premises. Any amount paid funds expended by Landlord, or the value Landlord on account of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will such judgment shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienupon ten (10) days' written notice.

Appears in 1 contract

Samples: Leaseagreement

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant, other than work performed by Landlord pursuant to the Workletter. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and 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 one. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not permit given Landlord security as described above, or has not complied with such statutory procedures as 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 Project to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises by reason or the Project, or that any action affecting title to the Project has been commenced on account of Alteration or other work performed done by or forfor or materials furnished or for Tenant, it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or material furnished to, Tenant. If any such lien is filed at any time against installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of non-responsibility or similar written notices on the Premises in order to protect the Premises against any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Office Lease (International Cosmetics Marketing Co)

Mechanic’s Liens. Tenant will not permit to be 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 any contractor, mechanic’s , laborer or 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 work on the Demised Premises shall be filed against the Premises by reason of Alteration Building or other work performed by or for, or material furnished toany part thereof, Tenant. If any such lien is filed at any time against , within ten (10) days after notice of the Premisesfiling thereof, Tenant will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails shall fail to discharge any cause such lien or notice of lien to be discharged within such periodthe period aforesaid, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantremedy, Landlord may, but will shall not be obligated to, discharge the same either by paying to the claimant the amount amounts claimed to be due or by procuring the discharge of such lien as to the Premises by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the court having jurisdiction prosecution of such lien, an action for the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against by the Premiseslienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by LandlordLandlord and all costs and expenses, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord)' fees, will incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Office Building Lease (Pe Corp)

Mechanic’s Liens. Tenant will 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 permit be filed against State property. Notwithstanding the foregoing, if a mechanic's lien is wrongfully placed on the property Tenant shall (a) immediately after it is filed or claimed, have released (by bonding or otherwise) any mechanic’s lien mechanics', materialmens' or other lien to be filed or claimed against any or all of the Premises or the Structure or any other improvement on the Premises, by reason of Alteration labor or other work performed by materials provided for or forabout any or all of the Premises, or material furnished tothe Structure or any other improvement on the Premises during the Term or otherwise arising out of Tenant's use or occupancy of any or all of the Premises, Tenant. If the Structure or any other improvement on the Premises, and (b) defend, indemnify and hold harmless Landlord against and from any and all liability, claim of liability or expense (including, by way of example rather than of limitation, that of reasonable attorneys' fees) incurred by Landlord on account of any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameclaim. If Tenant fails to discharge any such lien within such periodfifteen (15) calendar days after it first becomes effective against any of the Premises, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantheld by Landlord on account thereof, Landlord may, but will not be obligated to, may (a) discharge the same it by paying to the claimant the amount claimed to be due or by procuring deposit or bonding proceedings, and/or (b) in any such event compel the discharge prosecution of any action for the foreclosure of any such lien as to by the Premises by deposit lienor and pay the amount of any judgment in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge favor of the samelienor with interest, or by the deposit of a bond or other security with such court sufficient in form, content costs and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws allowances. Tenant shall reimburse Landlord for the discharge of such lien as a lien against the Premises. Any any amount paid by Landlord, or the value of Landlord to discharge any deposit so made such lien and all expenses incurred by LandlordLandlord in connection therewith, together with all reasonable costs, fees and expenses in connection therewith interest thereon at the rate of twenty percent (including reasonable attorneys’ fees 20%) per annum from the respective dates of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as 's making such payments for incurring such expenses (all of which shall constitute Additional Rent). Notwithstanding Nothing in the foregoingprovisions of this Lease shall be deemed in any way (a) to constitute Landlord's consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Premises, or (b) to give Tenant any right, power or authority to contract for or permit to be furnished any service or materials, if Tenant desires doing so would give rise to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereofof any mechanics' or materialmens; lien against any or all of the Premises or Landlord's estate or interest therein, Tenant notifies Landlord of Tenant’s intention or (c) to do so and, until such time as Tenant causes such lien evidence Landlord's consent that the Premises be subjected to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge any such lien. Tenant will indemnify shall require all contractors, subcontractors, laborers, or materialmen to acknowledge their acceptance and defend Landlord against and save Landlord and understanding of the Premises harmless from all Claims resulting from the assertionprovisions in this section by completing a “Notice of Work Completed on State Property”, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.see Exhibit G.

Appears in 1 contract

Samples: dnr.maryland.gov

Mechanic’s Liens. (a) Throughout the Lease Term and any Renewal Term, Tenant will shall not suffer or permit any mechanic’s lien or other lien liens to be filed stand against the Demised Premises or any part thereof, by reason of Alteration any work, labor, services or other work performed by or materials done for, or material furnished supplied, or claimed to 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 is filed shall at any time be filed against the Demised Premises, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 ten (10) business days after it receives Tenant shall receive notice of the date of filing the same, by either payment, deposit or bond. If Tenant fails shall fail to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, procure the discharge of the same either by paying to the claimant the amount claimed to be due by deposit in court or by procuring bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the discharge prosecution of an action for the foreclosure of such lien as by the lienor and to pay the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge amount of the samejudgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the deposit aforesaid purposes, and all legal and other expenses of a bond Landlord, including counsel fees, in defending any such action or other security with such court sufficient in form, content and amount to procure or about procuring the discharge of such lien, or with all necessary disbursements in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlordconnection therewith, together with all reasonable costsinterest thereon at the Interest Rate from the date of payment or deposit, fees shall become due and expenses in connection therewith (including reasonable attorneys’ fees payable forthwith by Tenant to Landlord, or, at the option of Landlord), will shall be repaid payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Agreement of Lease (Osteotech Inc)

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Mechanic’s Liens. Tenant will not permit pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant other than work performed by Landlord pursuant to the Work Letter. If any mechanic’s such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days after the filing of such 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 cause such lien to be discharged of record as required, Landlord may, at its option, declare this Lease in material default without further notice or 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 Project to 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 by reason or the Project, or that any action affecting title to the Project has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, it 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 any maintenance, repairs, alterations, additions, improvements, or material furnished to, Tenant. If any such lien is filed at any time against installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date of filing proposed work and the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge names and addresses of the same, or by the deposit of a bond or other security with such court sufficient in form, content persons supplying labor and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws materials for the discharge of such lien as a lien against the Premisesproposed work. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.will

Appears in 1 contract

Samples: Lease Agreement (Lecstar Corp)

Mechanic’s Liens. Within ten (10) days after Tenant will not permit receives notice thereof, Tenant shall cause to be discharged any mechanic’s, laborer’s, materialman’s lien or other lien to be filed stand against the Leased Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on or about the Leased Premises by or at the direction or sufferance of Tenant, whether or not such work was performed or materials furnished with the consent of Landlord. Tenant, however, may contest the validity of any such lien or claim provided that Tenant shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (or such other security as Landlord shall reasonably require) and shall take all steps which may be reasonably required to prevent any sale, foreclosure or forfeiture of the Leased Premises, the Building or the Project by reason of Alteration or other work performed by or fornonpayment, or material furnished to, Tenantand shall diligently prosecute the defense thereof. If Upon a final determination of the validity of any such lien is filed at any time against the Premisesor claim, Tenant will cause the same to be discharged of record shall immediately pay any judgment or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such perioddecree rendered, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costsproper costs and charges, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest shall cause any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof released of record without cost to Landlord. If Tenant, in Landlord’s opinion, shall fail or by bonding over cease to diligently prosecute such lien in the manner provided by applicable Lawaction or if Tenant shall fail to pay any judgment or decree rendered (including all interest, posting with Landlord penalties, costs, charges and Landlord’s expenses, including court costs and attorneys’ fees), and Tenant shall fail to cure such security as failure within ten (10) days after written notice from Landlord, Landlord may reasonably request pay the entire amount of such claim or lien, or such judgment or decree rendered and other amounts set forth above, out of such deposit and shall return the remainder of such amount, if any, to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienTenant.

Appears in 1 contract

Samples: Lease Agreement (TorreyPines Therapeutics, Inc.)

Mechanic’s Liens. Tenant will shall not permit any mechanic’s lien or other lien 's ---------------- liens to be filed against the Premises by reason of Alteration or other the Building for any work performed performed, materials furnished, or obligation incurred by or for, or material furnished to, at the request of Tenant. If any such a lien is filed at any time against the Premisesfiled, then `Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien shall, within 30 ten (10) days after it receives Landlord has delivered notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant either pay the amount claimed to be due of the lien or by procuring the discharge of diligently contest such lien as and deliver to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant elects to contest such lien and if a statutory proceeding exists for the release of the lien by the posing of a bond, Tenant shall immediately proceed to obtain a release of said lien in accordance with much statute. If permitted by Tenant and regardless of who shall have brought such court sufficient Hazardous Materials thereon. If Tenant permits any Hazardous Material to be brought upon, kept or used in formor about the Premises or Building or Appurtenant Facilities or the Land, content then Tenant shall take all steps reasonably necessary to safeguard against their discharge and amount to procure Tenant shall indemnify, (defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including but not limited to, diminution in value of the discharge Premises or Building or Appurtenant Facilities or the Land, damages for loss or restriction on use of rentable or usable space or of any amenity in the Premises or Building or Appurtenant Facilities or the Land, damages arising from any adverse impact on marketing of the Premises or Building or Appurtenant Facilities or the Land, and sums paid in settlement of claims, attorneys' fees, consulting fees and expert fees, which arise during or after the Term as a result of such liencontamination. This indemnification of Landlord by Tenant includes but is not limited to costs incurred in connection with any investigation of sight conditions or clean-up, remedial removal or in such other manner as is now restoration work required by any federal, state or may local government agency or political subdivision because of Hazardous Material present in the future be provided by present Premises or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, Building or Appurtenant Facilities or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord Land or the soil or ground water on demand by Landlord and if unpaid may be treated as Additional Rentwhich the Building is located. Notwithstanding Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or Building or Appurtenant Facilities or the Land caused or permitted by Tenant desires to contest results in any such liencontamination of the Premises or Building or Appurtenant Facilities or the Land, Tenant may do so provided thatshall, within 30 days after upon request by Landlord, promptly take all actions at its sole expense that are necessary to return the filing Premises or Building or Appurtenant Facilities or the Land to the condition existing prior to the introduction or exposure of any Hazardous Material in the Premises or Building or Appurtenant Facilities or the Land. The indemnity provision set forth in this Section 9b. shall survive termination or expiration of this Lease. To the best knowledge of Landlord, (a) no Hazardous Material is present in the Premises or in the Building or the soil, surface water or groundwater thereof, Tenant notifies Landlord of Tenant’s intention to do so and(b) no underground storage tanks are present at the Building, until such time as Tenant causes such lien to be removed by and (c) no action, proceeding or claim is pending or threatened regarding the payment thereof Building concerning any Hazardous Material or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect pursuant to any such mechanic’s lien or other lienenvironmental Law.

Appears in 1 contract

Samples: Office Building Lease Agreement (Lifeminders Com Inc)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s, laborer’s or materialman’s lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 twenty-five (25) days after it receives notice Tenant obtains knowledge of the date filing thereof or after Tenant’s receipt of filing notice thereof, whichever is earlier, regardless of the samevalidity of such lien or claim. If Tenant fails shall fail to discharge any 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 of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by Landlordmechanic’s, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenantlaborer’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanicmaterialman’s lien or other arising out of any debt or liability to 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 any person entitled to any mechanic’s lien.

Appears in 1 contract

Samples: Office Lease (Icon PLC /Adr/)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Building so as to minimize the possibility of a lien attaching to the Premises, the Building or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien upon the Premises, the Building or other lien to be filed against the Premises by reason of Alteration or other work performed by or for, or material furnished to, TenantProperty. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 thirty (30) days after it receives Tenant's receipt of notice thereof, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any 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 of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as 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 from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable under this Lease 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien as a lien could be filed against the Premises. Any amount paid by Landlord, the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the value Contractor and Subcontractor Payment Act or any amendment thereof or otherwise for which any lien could be filed against the Premises, the Building, the Property or any part of any deposit so made by Landlordthereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, together with all reasonable costsencumbrance or charge levied or imposed upon the Premises, fees the Building or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and expenses in connection therewith (including reasonable attorneys’ fees shall include without limitation any mechanic's notice of Landlord), will be repaid by Tenant intention given to Landlord on demand 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 Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other 's lien.

Appears in 1 contract

Samples: Viasys Healthcare Inc

Mechanic’s Liens. Without Lessor's prior written consent, Tenant will not permit ---------------- shall have no authority, express or implied, to create or place any mechanic’s lien or other lien to be filed against the Premises by reason encumbrance of Alteration any kind or other work performed by or fornature whatsoever upon, or material furnished in any manner to bind, the interest of Lessor in the Leased 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, Tenantif at all, only the Leasehold interest granted to Tenant by this instrument. If any such lien It is filed at any time against understood and agreed that if Tenant shall make repairs or improvements to the demised Leased Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Lessor, and that Lessor's interest in the demised Leased Premises, shall not be subject to any mechanic's, furnisher's or materialmen's liens. No contract for material will be entered into by Tenant except with the express stipulation that any lien arising therefrom shall not attach to Lessor's fee interest, but only to Tenant's Leasehold interest, in the demised Leased Premises. Tenant covenants and agrees that it will pay or cause the same to be discharged paid all sums due and payable by it on account of record any labor performed or otherwise posting security materials furnished in connection with any work performed on the Leased Premises on which any lien is or providing can be validly and legally asserted against its Leasehold interest in the Leased Premises or the improvements thereon. Tenant will save and hold Lessor harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the Leasehold estate or against the rights, title insurance over the lien within 30 days after it receives notice and interest of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit Lessor in the court having jurisdiction Leased Premises or under the terms of such lienthis Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the demised Leased Premises by, the foreclosure thereof through or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by under Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other liensame.

Appears in 1 contract

Samples: Lease Agreement (Master Graphics Inc)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work: (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises and the Shopping Center free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises, or any part of the Shopping Center, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of 150% of the amount of the claim, plus estimated costs and 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 permit given Landlord security as described above, or has not complied with such statutory procedures as 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, (plus 15% of such charge and related costs and interest for Landlord's overhead and related expenses) 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 Shopping Center to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises by reason or the Shopping Center or any action affecting title to the Shopping Center has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, or material furnished it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work (including, but not limited to, Tenant. If any such lien is filed at any time against maintenance, repairs, alterations, additions, improvements or installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the same. If Tenant fails to discharge persons supplying labor and materials for the proposed work and shall require any such person to execute and deliver to Landlord a written waiver of construction lien within such period, then, in addition rights waiving any claim of any or material. Landlord will have the right to any other right post notices of non-responsibility or remedy of Landlord, after five days prior similar written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to notices on the Premises by deposit in order to protect the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien Premises against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after liens. Tenant's obligations under this Article shall survive the filing thereof, Tenant notifies Landlord expiration or earlier termination of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienthis Lease.

Appears in 1 contract

Samples: Center Lease (Southern Concepts Restaurant Group, Inc.)

Mechanic’s Liens. Within ten (10) days after Tenant will not permit receives notice thereof, Tenant shall cause to be discharged any mechanic’s lien 's, laborer's, materialman's or other lien to be filed stand against the Leased Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on or about the Leased Premises by or at the direction or sufferance of Tenant, whether or not such work was performed or materials furnished with the consent of Landlord. Tenant, however, may contest the validity of any such lien or claim provided that Tenant shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (or such other security as Landlord shall reasonably require) and shall take all steps which may be reasonably required to prevent any sale, foreclosure or forfeiture of the Leased Premises, the Building or the Project by reason of Alteration or other work performed by or fornonpayment, or material furnished to, Tenantand shall diligently prosecute the defense thereof. If Upon a final determination of the validity of any such lien is filed at any time against the Premisesor claim, Tenant will cause the same to be discharged of record shall immediately pay any judgment or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such perioddecree rendered, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costsproper costs and charges, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest shall cause any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof released of record without cost to Landlord. If Tenant, in Landlord's opinion, shall fail or by bonding over cease to diligently prosecute such lien in the manner provided by applicable Lawaction or if Tenant shall fail to pay any judgment or decree rendered (including all interest, posting with Landlord penalties, costs, charges and Landlord's expenses, including court costs and attorneys' fees), and Tenant shall fail to cure such security as failure within ten (10) days after written notice from Landlord, Landlord may reasonably request pay the entire amount of such claim or lien, or such judgment or decree rendered and other amounts set forth above, out of such deposit and shall return the remainder of such amount, if any, to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienTenant.

Appears in 1 contract

Samples: Lease Agreement (Stratagene Corp)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for and in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, the Building and the project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant, other than work performed by Landlord pursuant to the Workletter. If any such lien, at any time, is filed against the Premises or any part of the project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150 percent of the amount of the claim, plus estimated costs and 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 permit given Landlord security as described above, or has not complied with such statutory procedures as 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 the project to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises by reason or the Building, or that any action affecting title to the Building has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or material furnished to, Tenant. If any such lien is filed at any time against installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of nonresponsibility or similar written notices on the Premises in order to protect the Premises against any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Office Lease (Vanguard Airlines Inc \De\)

Mechanic’s Liens. Tenant will not permit any mechanic’s lien or other lien pay when due all costs for work performed and materials supplied to be filed against the Premises. Tenant will keep Landlord, the Premises by reason of Alteration and the Building free from all liens, stop notices and violation notices relating to the Alterations or any other work performed by or for, materials furnished to or material furnished to, obligations incurred by Tenant. If Tenant will indemnify, defend and hold harmless Landlord, the Premises and the Building of and from any and all loss, cost, damage, liability and expense, including attorneys’ fees, arising out of or related to any liens or notices. Tenant will give Landlord not less than seven (7) business days prior written notice before commencing any Alterations in or about the Premises to permit Landlord to post appropriate notices of non-responsibility. Tenant will also secure, prior to commencing any Alterations, at Tenant’s expense, a completion and lien indemnity bond satisfactory to Landlord. During the progress of the Alterations, Tenant will, upon Landlord’s request, furnish Landlord with sworn contractor’s statements and lien waivers covering the Alterations. Tenant will satisfy or otherwise discharge all liens, stop notices or other claims or encumbrances within twenty (20) days after Landlord notifies Tenant in writing that any such lien is filed at any time against the Premiseslien, Tenant will cause the same to be discharged of record stop notice, claim or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameencumbrance has been filed. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of pay and remove such lien, claim or encumbrance within the foreclosure thereof or other proceedings with respect theretotwenty (20) day period, of a cash sum sufficient to secure Landlord, at its election, may pay and satisfy it and the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount sums so paid by Landlord, or with interest from the value date of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord)payment at the Interest Rate, will be repaid deemed to be Additional Rent due and payable by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof without notice or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other liendemand.

Appears in 1 contract

Samples: Lease (Syntax-Brillian Corp)

Mechanic’s Liens. 7.01 No Liens Permitted. Tenant will not permit to be created, or to remain undischarged, any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by a contractor, subcontractor, mechanic’s , 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 Tenant's contractor to work on the Premises shall be filed against the Premises by reason of Alteration Shopping Center or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the Premisesportion thereof, Tenant will shall, within ten (10) days after demand from Landlord, cause the same to be discharged for record by payment, deposit, bond, order of record court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails shall fail to discharge any cause such lien or notice of lien to be discharged within such periodthe period aforesaid, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same such lien by paying to the claimant the amount claimed to be due deposit or by procuring bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the discharge prosecution of an action for the foreclosure of such lien as by the lienor and to pay the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge amount of the samejudgment in favor of the lienor with interest, or by the deposit of a bond or other security with such court sufficient in form, content costs and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisesallowances. Any amount paid by LandlordLandlord and all costs and expenses, or the value of any deposit so made including attorney's fees, incurred by Landlord, together with all reasonable costs, fees and expenses Landlord in connection therewith (including reasonable attorneys’ fees of Landlord)therewith, will shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand Landlord's demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Lease Agreement (Talk America)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and 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 permit given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the hen, 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 Project to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises by reason or the Project, or that any action affecting title to the Project has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work included in Article 11 in or material furnished to, Tenant. If any such lien is filed at any time against to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of nonresponsibility or similar written notices on the Premises in order to protect the Premises against any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Office Lease (Idt Corp)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 fifteen (15) days after it receives the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any cause such lien or claim to be discharged and removed from record within such fifteen (15) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as 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 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 therefore. 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by Landlordmechanic's, together with all reasonable costslaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, fees mechanic, supplier, materialman or laborer and expenses in connection therewith (including reasonable attorneys’ fees shall include without limitation any mechanic's notice of Landlord), will be repaid by Tenant intention given to Landlord on demand 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 Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other 's lien.

Appears in 1 contract

Samples: Lease (Cytogen Corp)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work done by it or caused to be done by it in or to the Premises, and for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against, and hold Landlord, the Premises and the Mall free, clear and harmless of and from, all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands, on account of such work. If any such lien, at any time, is filed against the Premises or any part of the Mall, Tenant will cause such 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 to Landlord, within such ten (10) day period, security reasonably satisfactory to Landlord of at least on hundred fifty percent (150$) of the amount of the claim, plus estimated costs and interest. If a final judgement 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 permit 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. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Mall to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives notice that a lien has been or is about to be filed against the Premises by reason or the Mall or any action potentially affecting the Mall has been threatened or commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, or material furnished it 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, Tenant. If any such lien is filed at any time against maintenance, repairs, alterations, additions, improvements or installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of non-responsibility or similar notices on the premises in order to protect the Premises against any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Lease Agreement (Fields Technologies Inc)

Mechanic’s Liens. Tenant will not suffer or permit any mechanic’s lien laborer’s or other materialmen’s lien to be filed against the Demised Premises and/or Landlord’s Property or any part of either by reason of Alteration work, labor services or other work performed by materials supplied or forclaimed to have been supplied to Tenant; and if any mechanic’s, or material furnished to, Tenant. If any such laborer’s materialman’s lien is filed shall at any time be filed against the PremisesDemised Premises and/or Landlord’s Property any part thereof, Tenant will the Tenant, within twenty (20) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails shall fail to discharge cause any such lien to be discharged within such periodthe period aforesaid, then, then in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantremedy, Landlord may, but will shall not be obligated to, discharge the same it either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisesbonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees ’s costs and expenses in connection therewith (including reasonable attorneys’ fees of Landlord)associated therewith, will be repaid shall constitute additional rent payable by Tenant under this Lease and shall be paid by tenant to Landlord on demand demand. Nothing in this Lease contained shall be deemed or construed in any way of constituting consent by Landlord for the making of any alterations or additions by Tenant within the meaning of any current or future state law or any amendment thereof, or of constituting a request by Xxxxxxxx, either express or implied, to any contractor, sub-contractor, laborer or materialman for the performance of any labor or the furnishing of any materials for the use of benefit of Landlord. Xxxxxx specifically agrees and if unpaid may be treated as Additional Rent. Notwithstanding acknowledges that Landlord is not a party to any agreement for the foregoingprovision of work, if Tenant desires labor services or materials to contest the Demised Premises nor has Landlord reviewed any such lien, Tenant may do so contract and/or provided that, within 30 days after written consent of same. Nothing contained herein shall imply any consent or agreement on the filing thereof, Tenant notifies part of Landlord of Tenantto subject Landlord’s intention estate to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure liability under any mechanics’ or other legal proceedings with respect to any such mechanic’s lien or other lienLaw.

Appears in 1 contract

Samples: Office Lease (Alteva, Inc.)

Mechanic’s Liens. Tenant will Lessor’s interest in the Leased Property shall not be subjected to Liens of any nature by reason of Lessee’s alteration, renovation, repair, restoration, replacement or reconstruction of the Leased Property, or by reason of any other act, error or omission of Lessee (or of any person claiming by, through or under Lessee), including, but not limited to, construction, mechanics’ and materialmen’s liens. All Persons dealing with Lessee are hereby placed on notice that such Persons shall not look to Lessor or to Lessor’s credit or assets (including Lessor’s interest in the Leased Property) 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 Lessee. Lessee has no power, right or authority to subject Lessor’s interest in the Leased Property to any construction, 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 Leased Property on account of work performed, or alleged to have been performed, for or on behalf of Lessee, Lessee shall, within thirty (30) days after written notice of the imposition of such Lien, claim or order, cause the Leased Property to be released therefrom by the payment of the obligation secured thereby or by furnishing a bond or by any other method prescribed or permitted by law. If a Lien is released, Lessee shall thereupon furnish Lessor with a written instrument of release which has been recorded or filed in the appropriate office of land records of the county in which the Leased Property is located and otherwise sufficient to establish the release as a matter of record. Lessor shall then have the right at any time and from time to time to post and maintain on the Land and Leased Improvements such notices as Lessor reasonably deems necessary to protect the Leased Property and Lessor from mechanics’ liens, materialmen’s liens, or any other liens. In any event, subject to Section 6.3 below, Lessee shall pay when due all claims for labor or materials furnished to or for Lessee at or for use on the Land and Leased Improvements. Subject to Section 6.3 below, Lessee shall not permit any mechanicmechanics’ or materialmen’s lien or other lien liens to be filed levied against the Premises by reason of Alteration or other work performed by or for, Leased Property for any labor or material furnished to, Tenant. If to Lessee or claimed to have been furnished to Lessee or to Lessee’s agents or contractors in connection with work of any character performed or claimed to have been performed on the Land or the Leased Improvements by or at the direction of Lessee and shall immediately cause the release of any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien liens as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienhereinabove.

Appears in 1 contract

Samples: Personal Property Lease Agreement (CNL Income Properties Inc)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 thirty (30) days after it receives the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any 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 of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as 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, reasonable attorneys' fees incurred by Landlord in connection therewith, together with Interest 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer due to work done for or materials supplied to Tenant (other than Landlord, together with all reasonable costs, fees 's Work) and expenses in connection therewith (including reasonable attorneys’ fees shall include without limitation any mechanic's notice of Landlord), will be repaid by Tenant intention given to Landlord on demand 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 Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other 's lien.

Appears in 1 contract

Samples: Broadview Networks Holdings Inc

Mechanic’s Liens. Tenant will not permit shall have no authority, express or implied, to create, place or suffer the creation or placement of any mechanic’s lien or other lien 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 filed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises with respect to which any lien is or can otherwise be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon, and 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 Premises by reason of Alteration leasehold estate or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the Premisesright, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice and interest of the date Landlord in the Property and/or Premises or under the terms of filing the samethis Lease. If Tenant fails to shall discharge any such lien by payment or bonding within such periodten (10) days after the same has been filed, thenfailing which Landlord shall have the right, but not the obligation, in addition to any all other right or remedy of Landlordremedies herein provided, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content at Tenant's expense and amount to procure the discharge of such lien, or in such other manner as is now or may in event Landlord's cost thereof, plus interest thereon at the future be provided by present or future Laws for the discharge lesser of such lien as a lien against the Premises. Any amount paid by Landlord, eighteen percent (18%) per annum or the value of any deposit so made maximum rate permitted by Landlordlaw, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will shall be repaid reimbursed by Tenant to Landlord on upon demand by as Additional Rent hereunder. Landlord and if unpaid may Tenant further agree that any repairs or improvements made by Tenant to the Premises shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed deemed authorized and ordered by the payment thereof Tenant only, not the Landlord (although Landlord preserves any right contained herein to approve, consent to, or by bonding over inspect such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure repairs or other legal proceedings with respect to any such mechanic’s lien or other lienimprovements).

Appears in 1 contract

Samples: Article Xiv Non (Creditrust Corp)

Mechanic’s Liens. Tenant will not permit any mechanic’s lien pay or other lien cause to be filed paid all costs and charges for: (i) work done by Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises by reason Premises, and the Project free, clear and harmless of Alteration or and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work performed by or for, or material furnished to, on behalf of Tenant. If any such lien lien, at any time, is filed at any time against the Premises, or any part of the Project, Tenant will cause the same such lien to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 ten (10) days after it receives notice of the date filing of filing such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, a sufficient bond or other security reasonably satisfactory to Landlord of at least 150% of the amount of the claim. If a final judgment 5055 Wilshire - Playboy Enterprises, Inc. - Lease 12/22/98 establishing the validity or existence of a lien for any amount is entered, Tenant will immediately pay and satisfy the same. If Tenant fails to discharge pay any such charge for which a mechanic's lien within such periodhas been filed, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenantand has not given Landlord security as described above, Landlord may, but will not be obligated toat its option, discharge the same by paying to the claimant pay such charge and related costs and interest, and the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit so paid, together with attorneys' fees incurred in the court having jurisdiction of connection with such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by immediately due from Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding Nothing contained in this Lease will be deemed the foregoingconsent or agreement of Landlord to subject Landlord's interest in all or any portion of the Project to liability under any mechanics' lien or to other lien law. If Tenant receives notice that a lien has been or is about to be filed against the Premises or any part of the Project or any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. At least ten (10) days prior to the commencement of any work (including, but not limited to, any maintenance, repairs or Alteration) in or to the Premises, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the general contractor and parties directly contracting with Tenant for the labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices, if Tenant desires to contest any such lienapplicable, Tenant may do so provided that, within 30 days after on the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof Premises or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request public records in order to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and protect the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any against such mechanic’s lien or other lienliens.

Appears in 1 contract

Samples: Office Lease (New Playboy Inc)

Mechanic’s Liens. Tenant will not permit If Leasehold Owner and/or Guarantor shall have completed or caused the Substantial Completion of the construction and equipping of the Improvements on or before the Completion Date, free and clear of all liens and defects in construction and materials, materially in accordance with all Plans (as the same may be modified pursuant to the terms of the Loan Documents), Laws and the Building Loan Agreement, and satisfied the conditions set forth in the Building Loan Agreement and Guarantor shall have otherwise satisfied any mechanic’s lien and all of its obligations under this Guaranty, then upon the expiration of any time period beyond said completion of the construction and equipping of the Improvements in accordance with the Building Loan Agreement within which mechanics, materialmen or other Persons (collectively, “Mechanics”) are entitled to file liens against the Premises for construction, materials or related work claims shall have expired (such completion and the expiration of such time period, is herein referred to as the “Completion of the Project”), Guarantor shall be released of any further obligations under this Guaranty; provided, however, if Bank shall have received after Completion of the Project, duly executed lien waivers from all Mechanics entitled to be file liens against the Premises evidencing the payment in full for all of their work relating to the Premises, this Guaranty shall terminate upon receipt of such lien waivers. Bank agrees that upon Bank’s receipt of evidence satisfactory to Bank of the Completion of the Project, and, provided, that no undischarged liens which have not been bonded over shall have been filed against the Premises by reason Mechanics, Bank shall deliver a written confirmation that this Guaranty is limited only to a guaranty against the filing of Alteration or other work performed subsequent liens against the Premises by or forMechanics with respect to which such duly executed lien waivers have not been received by Bank. Thereafter, or material furnished to, Tenant. If this Guaranty shall continue as a guaranty against claims and liens by Mechanics that have not been waived until Mechanics are no longer legally entitled to file any such lien is filed at any time claims or liens against the Premises, Tenant will cause the same whereupon Bank shall deliver to be discharged Guarantor Bank’s final written confirmation of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice termination of the date of filing the same. If Tenant fails to discharge any such lien within such periodthis Guaranty in full, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien that no undischarged Mechanics’ liens have been filed against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien.

Appears in 1 contract

Samples: Guaranty of Completion (BRT Realty Trust)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record; or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien documented amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within such periodten (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 other similar relationships). Accordingly, thenall materialmen, in addition contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any other 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 remedy 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 Landlord, after five days prior written notice to Tenantits property manager, Landlord mayany subsidiary or Affiliate of the foregoing, but will not be obligated toand their respective officers, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such liendirectors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the foreclosure thereof or other proceedings with respect thereto“Indemnitees”) from and against all claims, demands, causes of a cash sum sufficient to secure the discharge of the sameaction, or by the deposit of a bond or other security with such court sufficient in formsuits, content and amount to procure the discharge of such lienjudgments, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees damages and expenses in connection therewith (including reasonable attorneys’ fees fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of Landlord), will be repaid by a Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional RentParty. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord The foregoing indemnity shall survive termination or expiration of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Cross Country Healthcare Inc)

Mechanic’s Liens. Tenant will not permit shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s 's, laborer's or materialman's lien or other lien to be filed against upon the Premises by reason of Alteration or other work performed by or for, or material furnished to, Tenantthe Property. If Should any such lien is or notice of lien be filed at any time against the Premisesfor work performed for Tenant other than by Landlord, Tenant will shall cause the same such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise posting security or providing title insurance over the lien within 30 fifteen (I 5) days after it receives the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the date validity of filing the samesuch lien or claim. If Tenant fails shall fail to discharge any 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 of Landlord, after five days prior written notice to TenantLandlord may have, Landlord may, but will 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 same by paying to prosecution of an action for the claimant the amount claimed to be due or by procuring the discharge foreclosure of such lien as 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 Premises contrary contained in this Lease, nothing contained in or contemplated by deposit this Lease shall be deemed or construed in any way to constitute the court having jurisdiction of such lien, the foreclosure thereof consent or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or request by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Landlord for the discharge performance of such any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as a giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Any amount paid by LandlordThroughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the value Property or any interest therein or income therefrom on account of any deposit so made by Landlordmechanic's, together with all reasonable costslaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, fees mechanic, supplier, materialman or laborer and expenses in connection therewith (including reasonable attorneys’ fees shall include without limitation any mechanic's notice of Landlord), will be repaid by Tenant intention given to Landlord on demand 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 Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect person entitled to any such mechanic’s lien or other 's lien.

Appears in 1 contract

Samples: Lease (Orapharma Inc)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises and the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises, or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and 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 permit given Landlord security as described above, or has not complied with such statutory procedures as 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 Project to liability under any mechanic’s lien mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises by reason or the Project or any action affecting title to the Project has been commenced on account of Alteration or other work performed done by or forfor or materials furnished to or for Tenant, or material furnished it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work (including, but not limited to, Tenant. If any such lien is filed at any time against maintenance, repairs, alterations, additions, improvements or installations) in or to the Premises, by or for Tenant, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives give Landlord written notice of the date proposed work and the names and addresses of filing the samepersons supplying labor and materials for the proposed work. If Tenant fails Landlord will have the right to discharge post notices of non-responsibility or similar written notices on the Premises in order to protect the Premises against any such lien within such periodliens. Upon request, thenTenant will furnish Landlord evidence of any settlement, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the samesatisfaction, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value payment made of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienclaim pursuant to this Article 15.

Appears in 1 contract

Samples: Office Lease (P F Changs China Bistro Inc)

Mechanic’s Liens. Tenant Lessee shall promptly pay any contractors and materialmen who supply labor, work or materials to Lessee at the Premises so as to avoid the possibility of a lien attaching to the Premises. Lessee will not permit any mechanic’s mechanics' lien or other liens to be placed on the Premises or improvements to the Premises. If an mechanics' lien claim is filed on the Premises or improvements to the Premises, Lessee will promptly cause the claim/lien to be discharged of record by payment, deposit, bond, order of court or otherwise or will pay the claim/lien. If default in payment of the claim/lien continues of record for thirty (30) days after written notice from Lessor to Lessee, Lessor may, at its option, pay the claim/lien or any portion thereof without inquiry as to its validity. Any amounts paid by Lessor to remove a mechanics' lien caused to be filed against the Premises by reason or improvements thereon, including expenses and interest (including reasonable attorneys' fees, costs and expenses), shall be due from Lessee to Lessor and shall be repaid to Lessor immediately upon receipt of Alteration or other work performed by or fornotice, or material furnished to, Tenant. If any together with interest at the rate of seven percent (7%) per annum from the date Lessor paid to remove such lien until the date Lessee repays Lessor. Nothing in this Lease is filed at intended to authorize Lessee to do or cause any time against work or labor to be done or any materials to be supplied for the Premises, Tenant will cause account of Lessor; all of the same to be discharged of record solely for Lessee's account and at Lessee's risk and expense. Throughout the Term and any extensions thereto, the term "mechanics' lien" is used to include any lien, encumbrance or otherwise posting security charge levied or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to imposed upon the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, any interest therein or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value income therefrom on account of any deposit so made by Landlordmechanics', together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof laborers' or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s materialmens' lien or other lienclaim arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer.

Appears in 1 contract

Samples: Lease Agreement (Cimnet Inc/Pa)

Mechanic’s Liens. Tenant will not permit discharge, bond over, or otherwise satisfy any mechanicmechanics or materialmen’s lien or other lien to be which has been filed against the Premises by reason arising out of Alteration or other work performed by or done for, or material materials furnished toto Tenant, Tenant. If its contractors or subcontractors within thirty (30) days following the date Tenant receives notice that the lien has been filed, or if Tenant is contesting any such lien or the claims on which it is filed at any time against the Premisesbased, Tenant will have provided Landlord assurances against loss or damage reasonably satisfactory to Landlord. If Tenant shall fail to cause the same such lien to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such 30-day period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in formbonding proceedings, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws Tenant shall reimburse Landlord for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses costs incurred by Landlord in connection therewith plus interest at the Interest Rate within ten (including reasonable attorneys’ fees 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), will be repaid 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 specific improvements, alteration to or repair of the Premises or the Property or any part thereof, nor as giving Tenant a right, power or authority to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding contract for or permit the foregoing, if Tenant desires rendering of any services or the furnishing of any materials that would give rise to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord any mechanics’ liens against and save Landlord and the Premises harmless from all Claims resulting from or the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienProperty.

Appears in 1 contract

Samples: Lease Agreement (ArcLight Clean Transition Corp.)

Mechanic’s Liens. (a) Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic’s , laborer or materialman or pursuant to 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 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 Building or any portion thereof might be impaired. If any lien or notice of lien on account of any alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant's contractor to work on the Premises shall be filed against the Premises by reason of Alteration Building or other work performed by or for, or material furnished to, Tenant. If any such lien is filed at any time against the Premisesportion thereof, Tenant will shall within thirty (30) days after demand from Landlord, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails shall fail to discharge any cause such lien or notice of lien to be discharged within such periodthe period aforesaid, then, in addition to any other right or remedy of Landlordremedy, after five days prior written notice to Tenant, Landlord landlord may, but will shall not be obligated to, discharge the same such lien by paying to the claimant the amount claimed to be due deposit or by procuring bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the discharge prosecution of an action for the foreclosure of such lien as by the lienor and to pay the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge amount of the samejudgment in favor of the lienor with interest, or by the deposit of a bond or other security with such court sufficient in form, content costs and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisesallowances. Any amount so paid by LandlordLandlord and all costs and expenses, or the value of any deposit so made including attorney's fees, incurred by Landlord, together with all reasonable costs, fees and expenses Landlord in connection therewith (including reasonable attorneys’ fees of Landlord)therewith, will shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord and if unpaid may be treated as Additional Renton demand. Notwithstanding the foregoing, if Nothing herein contained shall obligate Tenant desires to contest pay or discharge any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed created by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Lease Agreement (Barnesandnoble Com Inc)

Mechanic’s Liens. Tenant will shall not permit any mechanic’s lien or other lien 's liens to ---------------- be filed against the Premises by reason of Alteration or other the Building for any work performed performed, materials furnished, or obligation incurred by or for, or material furnished to, at the request of Tenant. If any such a lien is filed at any time against the Premisesfiled, then Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien shall, within 30 ten business days after it receives Landlord has delivered notice of the date filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of filing the sameBuilding 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 discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 ten days after Landlord has invoiced Tenant therefor. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the filing thereoffurnishing of any labor, Tenant notifies Landlord of Tenant’s intention to do so andservices, until such time as Tenant causes such lien to be removed by the payment thereof materials, supplies or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings equipment with respect to any such mechanic’s lien 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 Building or other lienLandlord's interest therein due to any work performed by or for Tenant.

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Mechanic’s Liens. Tenant will not permit shall have no authority or power, express or implied, to create or cause to be created any mechanic’s lien 's, materialmen's or other lien to lien, charge or encumbrance of any kind against any Leased Premises. Should any mechanic's, materialmen's or other lien, charge or encumbrance of any kind be filed against the any Leased Premises by reason of Alteration Tenant's acts or other work performed by omissions or for, or material furnished to, because of a claim against Tenant. If any such lien is filed at any time against the Premises, Tenant will shall cause the same to be cancelled or discharged of record by bond or otherwise posting security or providing title insurance over the lien within 30 sixty (60) days after it receives notice to Tenant by Landlord, or within thirty (30) days after notice to Tenant by Landlord if at the time of the date such notice Landlord anticipates a sale or refinancing of filing the sameany Leased Premises will be closed within sixty (60) days after said notice (and if Landlord includes that fact in Landlord's notice to Tenant). If Tenant fails shall fail to cancel or discharge any such said lien or liens within such period, then, in addition the time provided pursuant to any other right or remedy of Landlord, after five days prior written notice to Tenantthis Section 5.4, Landlord may, but will not be obligated toat its sole option, cancel or discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, and upon Landlord's demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or by discharging such liens. Except to the deposit of a bond or other security with extent that such court sufficient in formcosts, content and amount to procure the discharge of such lienlosses, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid liabilities are caused by Landlord's actions, or the value of any deposit so made by Landlord, together with Tenant shall indemnify and hold Landlord harmless from and against all reasonable costs, fees and expenses in connection therewith costs (including reasonable attorneys' fees and costs of Landlordsuit), will be repaid losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to Landlord on demand by the Leased Premises, including, but not limited to, any mechanic's or materialman's liens asserted in connection therewith. Landlord and if unpaid may Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises or the Project shall be treated as Additional Rent. Notwithstanding subject to any lien for improvements made by Tenant in or for the foregoingLeased Premises, if Tenant desires to contest and that Landlord shall not be liable for any lien for any improvements made by Tenant, such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed liability being expressly prohibited by the payment thereof or by bonding over such lien terms of this Lease. Landlord may file in the manner provided by applicable Lawpublic records of the County in which the Building is located, posting with Landlord such security as Landlord may reasonably request a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to provide funds with which Landlord may discharge such lien inform all contractors and materialmen performing work in or for or supplying materials to the event Tenant is unsuccessful Leased Premises of the existence of the prohibition contained in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienthis paragraph.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within ten days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding but not limited to expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 Texas Industrial Lease — American Locker Group, Inc. 7 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx 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 portion of the cost of such mechanic’s lien work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including but not limited to attorneys’ fees) in any way arising from or other lienrelating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (American Locker Group Inc)

Mechanic’s Liens. Before performing or permitting the performance of any work within the Leased Premises as permitted under any provision of this Lease or otherwise by Landlord, Tenant shall, at its own cost and expense, take such steps as Landlord might reasonably require in order that no lien for labor or materials will attach to the Leased Premises or the Project as a result of such work. Tenant shall not permit any mechanic’s lien mechanics' or other lien or claim for lien or notice in respect thereto to be filed against the Leased Premises by reason of Alteration or other work performed by any fixtures, equipment or for, or material furnished to, Tenantfurnishings contained therein. If any such lien is filed at any time against the Premiseslien, notice or claim, be made or filed, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien shall within 30 ten (10) days after it receives notice of the date filing thereof cause said lien, notice or claim for lien to be effectively removed or discharged of filing record; provided, however, that Tenant shall have the sameright to contest the amount or validity, in whole or in part, of any such lieu, notice or claim by appropriate proceedings but in such event Tenant shall promptly bond such lien, notice or claims with a surety company satisfactory to Landlord and shall prosecute such proceedings with all due diligence and dispatch. If Tenant fails so to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of bond such lien, the foreclosure thereof Landlord may at its election remove or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, notice or in such other manner claim by paying the full amount thereof, or otherwise, and without any investigation or contest of the validity thereof, and Tenant shall pay to Landlord upon demand, as is now or may in Additional Rent, the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by the Landlord including Landlord's costs, expenses, interest and reasonable counsel fees. Prior to the commencement of any work on the Leased Premises, Tenant shall cause lien waivers executed by all contractors performing work to be (i) delivered to Landlord, or and (ii) filed with the value Prothonotary of any deposit so made by LandlordXxxxxxxxxx County, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienPennsylvania.

Appears in 1 contract

Samples: Lease Agreement (Cti Group Holdings Inc)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within thirty days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within ten days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 3094 in connection with any work performed by Tenant. 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 portion of the cost of such mechanic’s lien work. Tenant shall defend, indemnify and 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 other lienrelating to the failure by any Tenant Party to pay for any work performed or materials furnished. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Inc)

Mechanic’s Liens. Tenant will 8.0 SUBLESSEE shall not permit any mechanic’s lien or other 's lien to be filed against the Premises fee of the LEASED PREMISES or against the SUBLESSEE'S leasehold interest in the DEMISED PREMISES by reason of Alteration or other work performed by or forwork, labor, services, or material furnished tomaterials supplied or claimed to have been supplied, Tenantwhether prior or subsequent to the commencement of the term hereof, to SUBLESSEE or anyone holding the DEMISED PREMISES. If any SUBLESSEE shall, within ten (10) days after notice of the filing thereof, cause such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the sameotherwise. If Tenant fails SUBLESSEE shall fail to discharge any cause such lien to be discharged within such ten (10) day period, then, in addition to any other right or remedy of LandlordSUBLESSOR, after five days prior written notice to Tenantor OWNER, Landlord SUBLESSOR may, but will shall not be obligated to, discharge the same such lien either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit or by bonding proceedings, and in any such event SUBLESSOR shall be entitled, if SUBLESSOR so elects, to compel the court having jurisdiction prosecution of an action for the foreclosure of such lien, mechanic's lien by the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient lienor and to secure pay the discharge amount of the samejudgment for and in favor of the lienor, or by the deposit of a bond or with interest, costs, and all other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premisesallowances. Any amount paid by LandlordSUBLESSOR for any of such purposes, with interest thereon at the rate of 15% per annum from the date of payment or the value of any deposit so made by Landlorddeposit, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will shall be repaid by Tenant the SUBLESSEE to Landlord SUBLESSOR on demand by Landlord demand, and if unpaid may be treated as Additional Rentadditional rent as provided for elsewhere in this Sublease. Notwithstanding Nothing in this Sublease shall be construed in any way as constituting the foregoingconsent or request of the SUBLESSOR, if Tenant desires express or implied, by inference or otherwise, to contest any such liencontractor, Tenant may do so provided thatsubcontractor, within 30 days after laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of or the Subleased property or as giving SUBLESSEE the right, power, or authority to contract for or permit the rendering of any service or the furnishing of any material that would give rise to the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such any mechanic's lien to be removed by against the payment thereof fee of the DEMISED PREMISES or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienbuilding.

Appears in 1 contract

Samples: Solucorp Industries LTD

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record, or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord)and necessary expenses and interest, will shall be repaid paid by Tenant to Landlord on demand by within ten days after Landlord has invoiced Tenant therefore together with interest at the rate of 8% per annum. Tenant shall defend, indemnify and hold harmless Landlord and if unpaid may be treated as Additional Rentits 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 the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies This indemnity provision shall survive termination or expiration of this Lease. Landlord of agrees that Tenant’s intention foregoing obligations shall not apply to do the extent the lien arises from a failure of Landlord to pay the relevant installment of the Construction Allowance if properly payable to Tenant, but such exception shall apply only so and, until long as such time as installment is not paid to Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lienafter being due Tenant. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure 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 other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien or other lienwork.

Appears in 1 contract

Samples: Lease Agreement (Omega Protein Corp)

Mechanic’s Liens. Tenant will not permit shall have no authority or power, express or implied, to create or cause to be created any mechanic’s, materialmen’s lien or other lien to lien, charge or encumbrance of any kind against any Leased Premises or the Property. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be filed against the Leased Premises or the Property by reason of Alteration Tenant’s acts or other work performed by omissions or for, or material furnished to, because of a claim against Tenant. If any such lien is filed at any time against the Premises, Tenant will shall cause the same to be cancelled or discharged of record by bond or otherwise posting security or providing title insurance over the lien within 30 sixty (60) days after it receives notice to Tenant by Landlord, or within thirty (30) days after notice to Tenant by Landlord if at the time of such notice Landlord anticipates a sale or refinancing of the date of filing the sameProperty will be closed within sixty (60) days after said notice (and if Landlord includes that fact in Landlord’s notice to Tenant). If Tenant fails shall fail to cancel or discharge any such said lien or liens within such period, then, in addition the time provided pursuant to any other right or remedy of Landlord, after five days prior written notice to Tenantthis Section 5.4, Landlord may, but will not be obligated toat its sole option, cancel or discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or by discharging such liens. Except to the deposit of a bond or other security with extent that such court sufficient in formcosts, content and amount to procure the discharge of such lienlosses, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid liabilities are caused by Landlord’s actions, or the value of any deposit so made by Landlord, together with Tenant shall indemnify and hold Landlord harmless from and against all reasonable costs, fees and expenses in connection therewith costs (including reasonable attorneys’ fees and costs of Landlordsuit), will be repaid losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to Landlord on demand by the Leased Premises, including any mechanic’s or materialman’s liens asserted in connection therewith. Landlord and if unpaid may Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises or the Property shall be treated as Additional Rent. Notwithstanding subject to any lien for improvements made by Tenant in or for the foregoingLeased Premises, if Tenant desires to contest and that Landlord shall not be liable for any lien for any improvements made by Tenant, such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed liability being expressly prohibited by the payment thereof or by bonding over such lien terms of this Lease. Landlord may file in the manner provided by applicable Lawpublic records of the County in which the Building is located, posting with Landlord such security as Landlord may reasonably request a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to provide funds with which Landlord may discharge such lien inform all contractors and materialmen performing work in or for or supplying materials to the event Tenant is unsuccessful Leased Premises of the existence of the prohibition contained in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienthis paragraph.

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

Mechanic’s Liens. Landlord's interest in the Leased Property shall not be subjected to liens of any nature by reason of Tenant's construction, alteration, renovation, repair, restoration, replacement or reconstruction of the Improvements or any improvements on or in the Leased Property, or by reason of any other act or omission of Tenant will (or of any person claiming by, through or under Tenant) including, but not permit 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 Leased Property) 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 Leased Property to any mechanic’s 's or materialmen's lien or claim of lien. Landlord and Tenant acknowledge and agree to execute and record in the Public Records of Essex County, Massachusetts, a memorandum of lease which includes the prohibition of Landlord's liability for liens, all in the form attached hereto as Exhibit C. If a lien, a claim of lien or an order for the payment of money shall be imposed against the Leased Property on account of work performed, or alleged to have been performed, for or on behalf of Tenant, Tenant shall, within thirty (30) days after written demand by Landlord to do so, cause the Leased Property to be released therefrom by the payment of the obligation secured thereby or by furnishing a bond or by any other method prescribed or permitted by law. If Tenant causes the lien to be filed against released or bonded within said thirty (30) days, the Premises by reason filing of Alteration or other work performed by or for, or material furnished to, Tenantsame shall not constitute an Event of Default. If any such a lien is filed at any time against the Premisesreleased, Tenant will cause the same to be discharged shall thereupon furnish Landlord with a written instrument of record release in form for recording or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction appropriate office of such lienland records of Essex County, the foreclosure thereof or other proceedings with respect thereto, of a cash sum Massachusetts and otherwise sufficient to secure establish the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien release as a lien against the Premises. Any amount paid by Landlord, or the value matter of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienrecord.

Appears in 1 contract

Samples: Ground Lease Agreement (CNL Retirement Properties Inc)

Mechanic’s Liens. Tenant will shall pay all sums justly due to the contractors, sub-contractors, materialmen, laborers, engineers, architects or other persons, firms or corporations rendering services or furnishing material for the construction of improvements on the Leased Premises. Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed against the Leased Premises or any part thereof or interest therein by reason of Alteration any work, labor, services or other work performed by materials supplied to Tenant or for, anyone holding the Leased Premises or material furnished to, any part thereof through or under Tenant. If any such mechanic’s lien is filed or claim or notice thereof shall at any time be filed against the Leased Premises, Tenant will shall cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within 30 thirty (30) days after it receives notice of the date of Tenant’s first knowledge of the filing of same. In the sameevent that Txxxxx believes that it has a valid defense to any such claim of lien which it desires to assert, Tenant may make such defense upon delivery to City of an undertaking sufficient to indemnify City against any losses, costs, expenses or damages in connection therewith with such collateral as City may approve. If Tenant fails shall fail to discharge any and cause the release of such mechanic’s lien within such period, or to provide satisfactory indemnification to City, then, in addition to any other right or remedy of LandlordCity, after five days prior written notice to Tenant, Landlord City may, but will shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the samecourt, or by the deposit of a bond or other giving security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now is, or may in the future be provided be, prescribed by present or future Laws for the discharge of such lien as a lien against the Premiseslaw. Any amount paid by Landlord, or City for any of the value of any deposit so made by Landlordaforesaid purposes, together with all reasonable costs, legal fees and other expenses of City, including the cost of employment of special counsel to defend against any such claim, or otherwise incurred by City in procuring the discharge of such claimed lien, with all necessary disbursements in connection therewith therewith, together with interest thereon at a rate that is four hundred (including reasonable attorneys’ fees 400) basis points higher than the rate of Landlord)“prime interest” during the period of the default as published in The Wall Street Journal, will (the “Default Rate”) from the date of payment to the date of reimbursement, shall be repaid by Tenant to Landlord on demand by Landlord City upon demand, and if unpaid may be treated as Additional Rentadditional rent. Notwithstanding Nothing herein contained shall be treated as consent or agreement on the foregoingpart of City to subject City’s fee simple title in and to the Leased Premises to any liability for claims of contractors, if Tenant desires to contest subcontractors, materialmen, laborers, engineers, architects or other persons, firms or corporations rendering services or furnishing materials for any improvements located upon and forming a part of the Leased Premises or for any repair, maintenance, restoration, change or alteration of any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lienimprovements.

Appears in 1 contract

Samples: Lease (Manchester Mall Inc)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Premises of a character which will or may result in liens on Landlord's interest therein. Tenant will not permit keep the Premises and Building free and clear of all mechanics' liens and other liens on account of work done or claimed to have been done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify Landlord for, save Landlord harmless from, and defend Landlord against all liability, loss, damage, costs or expenses, including attorneys' fees and interest, incurred on account of any mechanic’s claims of any nature whatsoever, including lien claims of laborers, materialmen, or other lien others for work actually or allegedly performed for, or for materials or supplies actually or allegedly furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Premises by reason or any portion of Alteration or other work performed by or forthe Building, or material furnished to, Tenant. If should any such lien is filed at any time against action affecting the Premisestitle thereto be commenced, Tenant will shall cause the same such liens to be discharged removed of record or otherwise posting security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samefrom Landlord. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security, in a form chosen by the Landlord's sole discretion, of at least 150% of the amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, and shall not have caused the same to be released of record or shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs or obtain a bond or title insurance protection against such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless amount so paid, together with reasonable attorneys' fees, costs and interest, incurred in connection therewith, shall be immediately due from all Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect Tenant to any such mechanic’s lien or other lienLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Pentastar Communications Inc)

Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant will Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s lien or other lien liens to be filed against the Premises by reason or the Project in connection therewith. Upon completion of Alteration or other work any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed by or for, or material furnished to, Tenantsuch work. If any such a lien is filed at any filed, then Tenant shall, within fourteen (14) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time against period as may be necessary to prevent the forfeiture of the Premises, Tenant will 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 record; or otherwise posting (2) diligently contest such lien and deliver to Landlord a bond or other security or providing title insurance over the lien within 30 days after it receives notice of the date of filing the samereasonably satisfactory to Landlord. If Tenant fails to discharge timely take either such action, then Landlord may pay the lien claim, and any such lien within such periodamounts so paid, thenincluding expenses and interest, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but will not shall be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ fees of Landlord), will be repaid by Tenant to Landlord on demand by within fourteen (14) days after Landlord has invoiced Tenant therefor. Landlord and if unpaid may Tenant acknowledge and agree that their relationship is and shall be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord solely that of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and the Premises harmless from all Claims resulting from the assertion, filing, foreclosure “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other legal proceedings similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any 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 portion of the cost of such mechanic’s lien work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or other lienaffiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) 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 the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Mechanic’s Liens. Tenant will not permit any mechanic’s 's lien or other lien to be filed against the Premises by reason of Alteration or other any work performed by or for, or material furnished to, TenantTenant (including, without limitation, any work undertaken by Tenant pursuant to Section 10.1). If any such lien is filed at any time against the Premises, Tenant will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien (including by bonding) within 30 10 days after it receives notice of the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, after five 10 days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including reasonable attorneys’ attorney's fees of Landlord), together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 10 days after Xxxxxx learns of the filing thereof, Tenant notifies Landlord of Tenant’s 's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, law or posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant Xxxxxx will indemnify and defend Landlord against and save Landlord and the te Premises harmless from all Claims losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien.

Appears in 1 contract

Samples: Alliance Data Systems Corp

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