Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 8 contracts

Samples: Office Lease (ESSA Pharma Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.)

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Mechanic’s Liens. Tenant (a) The Developer will not directly or indirectly create, incur, assume or suffer to exist any mechanics’ or other similar lien on or with respect to the Project, and the Developer shall keep promptly notify the Property City of the imposition of such lien of which the Developer is aware and Premises free from shall promptly, at its own expense, take such action as may be necessary to fully discharge or release any mechanic’s, materialman’ssuch lien. Whenever and as often as any mechanics’ or other similar lien is filed against the Project, or similar liens any part thereof, purporting to be for or other such encumbrances, including the liens on account of any security interest in, conditional sales of, labor done or chattel mortgages upon, any materials, fixtures, materials or articles so installed in and constituting part of the Premises, services furnished in connection with any Tenant’s Changes on work in or respecting about the Premises Project, the Developer shall discharge the same of record. Notice is hereby given that the City shall not performed by be liable for any labor or at materials furnished the request of Landlord and shall indemnifyDeveloper or anyone claiming by, defend, protectthrough or under the Developer upon credit, and hold Landlord harmless from that no mechanics’ or other similar lien for any such labor, services or materials shall attach to or affect the reversionary or other estate of the City in and against to the Project or any claimspart thereof. (b) Notwithstanding Section 8.4(a), liabilitiesthe Developer may contest any such mechanics’ or other similar lien if the Developer (i) within 60 days after the Developer becomes aware of any such lien notifies the City and the Trustee in writing of its intention so to do, judgements(ii) diligently prosecutes such contest, (iii) at all times effectively stays or prevents any official or judicial sale of the Project, or costs any part thereof or interest therein, under execution or otherwise, (including attorneys’ feesiv) arising out promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and (v) thereafter promptly procures record release or satisfaction thereof. The Developer may permit the lien so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Developer is notified by the City that, in the opinion of counsel, by nonpayment of any such items, the interest of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change City in the Premises (Project will be subject to loss or forfeiture. In that event, the Developer shall promptly, at its own expense, take such additional time action as may be reasonably necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall duly discharge or remove any such lien if the same shall arise at any time. The Developer shall save and hold harmless the City from any loss, costs or encumbrance expenses the City may incur related to any such contest. The Developer shall reimburse the City for any expense incurred by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay it in connection with the amount necessary to remove imposition of any such lien or encumbrance, without being responsible for investigating the validity thereofin order to discharge or remove any such lien. The amount so paid City shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained cooperate fully with the Developer in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch contest.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Memorandum of Lease Agreement

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same any work performed, materials furnished, or in connection with any such lienobligations incurred by or for Tenant. Upon request by Landlord, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty promptly (20but in no event later than five (5) business days prior to the commencement of work on any Tenant’s Change in the Premises (or following such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove request) cause any such lien to be released by posting a bond in accordance with California Civil Code Section 3143 or encumbrance by bond or otherwise any successor statute. In the event that Tenant shall not, within thirty (30) days after written notice following the imposition of any lien, cause the lien to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other available remedies, the right to cause the lien to be released by any means it deems proper, including payment of or defense against the claim giving rise to the lien. All expenses so incurred by Landlord; , including Landlord’s attorneys’ fees, and if Tenant shall fail to do soany consequential or other damages incurred by Landlord arising out of such lien, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable reimbursed by Tenant upon demand, without limitation together with interest from the date of payment by Landlord at the maximum rate permitted by law until paid. Tenant shall give Landlord no less than twenty (20) days’ prior notice in writing before commencing construction of any kind on the Premises or Common Area and shall again notify Landlord that construction has commenced, such notice to be given on the actual date on which construction commences, so that Landlord may post and maintain notices of nonresponsibility on the Premises or Common Area, as applicable, which notices Landlord shall have the right to other remedies available to post and which Tenant agrees it shall not disturb. Tenant shall also provide Landlord under notice in writing within ten (10) days following the date on which such work is substantially completed. The provisions of this Section shall expressly survive the expiration or sooner termination of this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 3 contracts

Samples: Lease Agreement (Phage Biotechnology CORP), Lease Agreement (Bakbone Software Inc), Lease (4-D Neuroimaging)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’sLessee will not create or permit to be created, or similar liens to remain, and will promptly discharge, at its sole cost and expense, any lien, encumbrance or other such encumbrances, including charge upon the liens of leased property or any security interest in, conditional sales ofpart thereof, or chattel mortgages uponupon Lessee's leasehold interest therein, any materialsexcept such as are created by the Lessor or the First Mortgagee. Provided however that, fixturesafter first having obtained First Mortgagee's prior written approval, Lessee shall have the right, at its own expense, to 9 contest by legal proceedings or articles so installed in and constituting part of the Premisesotherwise, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestencumbrance or charge upon the leased premises, conditional sale or chattel mortgage the underlying claim giving rise to any such lien, encumbrance or charge, in its own name, or in the name of Lessor or in both names, as Lessee shall deem necessary. During the period of any such contest or proceedings, Lessee shall not be deemed in default under this Lease solely because of the existence of any such lien, encumbrance or charge upon the leased premises. Nothing in this lease contained shall be construed as constituting the consent or request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or construction, alteration, addition, repair or demolition of or to the leased premises or any action part thereof. Notice is hereby given that Lessor will not be liable for any labor, services or proceeding brought thereonmaterials furnished or to be furnished to Lessee, or to anyone holding the leased premises or any part thereof through or under Lessee, and that no mechanic's or other liens for any such labor or materials shall attach to or affect the interest of Lessor or the First Mortgagee in and to the leased premises. Tenant Lessor shall give Landlord written notice at least have the right to require Lessee to remove any mechanic's lien, on twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)notice, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by providing a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesLessee's expense.

Appears in 3 contracts

Samples: Lease Agreement (Spartan Stores Inc), Lease Agreement (Spartan Stores Inc), Lease (Spartan Stores Inc)

Mechanic’s Liens. Tenant shall keep the Property pay or cause to be paid all costs and Premises free from any mechanic’scharges for work (a) done by Tenant or caused to be done by Tenant, materialman’s, in or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ feesb) arising out of the same for all materials furnished for or in connection with such work. Tenant shall 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 this Lease. If any such lien, security at any time, is filed against the Premises or any part of the Project, Tenant shall 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 shall deliver to Landlord, within such 10-day period, at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest, conditional by cashier’s check or certified funds which shall be held by Landlord as security to insure payment of the lien and to prevent any sale of the Project by foreclosure or chattel mortgage otherwise by reason of such lien. 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 pay any charge, cost or expense 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, shall 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 or the Project, or that any action affecting title to the Project has been commenced on account of work done by or proceeding brought thereon. Tenant for or materials furnished to or for Tenant, it shall immediately give Landlord written notice at of such notice. At least twenty fifteen (2015) days prior to the commencement of any work on (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall give Landlord (i) written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and (ii) two copies of Tenant’s Change in the Premises (or plans and specifications for such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseswork.

Appears in 3 contracts

Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer any mechanic’s’s lien to be filed against the Premises by reason of work, materialman’slabor, services or similar liens materials performed or other such encumbrances, including the liens of any security interest in, conditional sales of, furnished to Tenant or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of anyone holding the Premises, in connection with or any part hereof, through or under Tenant. If any mechanic’s lien or any notice of intention to file a mechanic’s lien shall at any time be filed against the Premises, Tenant shall at Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifycost, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs within fourteen (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3014) days after written knowledge or notice of the filing of any mechanic’s lien, cause the same to be removed or discharged of record by Landlord; and if payment, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to do soremove or discharge any mechanic’s lien or any notice of intention to file a mechanic’s lien within the prescribed time, then in addition to any other right or remedy of Landlord, Landlord may pay may, at its option, procure the removal or discharge of the same by payment or bond or otherwise. Any amount necessary to remove paid by Landlord for such purpose, together with all legal and other expenses of Landlord in procuring the removal or discharge or such lien or encumbrancenotice of intention and together with interest thereon at the highest permissible rate, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease and become due and payable upon by Tenant to Landlord as additional rent, and in the event of Tenant’s failure to pay therefor within fifteen (15) days after demand, without limitation as the same shall be added to other remedies available to Landlord under this Leaseand be due and payable with the next month’s rent. Nothing contained in this Lease shall authorize Tenant be construed as consent on the part of Landlord to do any act which shall subject Landlord’s title to estate in the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises liability arising in connection with any Work on or respecting the Premises not performed by or at the request out of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in use or occupancy of the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisespremises.

Appears in 3 contracts

Samples: Lease Agreement (Harris Stratex Networks, Inc.), Merger Agreement (Harris Corp /De/), Merger Agreement (Stratex Networks Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens ’s lien or other such encumbrances, including the liens of any security interest in, conditional sales of, lien to be filed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of recorded against the Premises, in connection with any Tenant’s Changes on equipment or respecting materials supplied or claimed to have been supplied to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsTenant, or costs anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall at any time be filed or recorded against the Premises, or any portion thereof, Tenant shall cause the same to be discharged of record within fifteen (including attorneys’ fees15) arising out days after the date of filing or recording of the same same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty before fifteen (2015) days prior to the commencement of work on any Tenant’s Change due date thereof (but in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within no event later than thirty (30) days after written notice 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 involves an amount in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or Mortgagee) for the payment of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security will be available for the payment 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 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. The deposit held by the Landlord may be used to discharge the lien and any surplus deposit retained by Landlord; , after the payment of the lien shall be repaid to Tenant. Provided that nonpayment of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not to pay such lien during the period of Tenant’s contest. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and if expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), shall be repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall fail indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to do sothe extent resulting from the assertion, Landlord may pay the amount necessary filing, foreclosure or other legal proceedings with respect to remove any such mechanic’s lien or encumbranceother lien (other than any liens resulting solely from the acts of Landlord, without being responsible for investigating unless taken with the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation consent of Tenant or as to other remedies available to Landlord a result of a default by Tenant under this Lease. Nothing contained in this Lease shall authorize ) or the attempt by Tenant to do discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any act which civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus. (b) ALL MATERIALMEN, CONTRACTORS, ARTISANS, ENGINEERS, MECHANICS, LABORERS AND ANY OTHER PERSON NOW OR HEREAFTER FURNISHING ANY LABOR, SERVICES, MATERIALS, SUPPLIES OR EQUIPMENT TO TENANT WITH RESPECT TO THE PREMISES, OR ANY PORTION THEREOF, ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK EXCLUSIVELY TO TENANT TO OBTAIN PAYMENT FOR THE SAME. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES, MATERIALS, SUPPLIES, SKILL, MACHINERY, FIXTURES OR EQUIPMENT FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, OR ANY PORTION THEREOF. (c) Tenant shall not create, permit or suffer, and, subject Landlord’s title to the Property provisions of paragraph 21(a) hereof, shall promptly discharge and satisfy of record, any other lien, encumbrance, charge, security interest, or Premises other right or interest which, as a result of Tenant’s action or inaction contrary to any liens the provisions hereof, shall be or encumbrancesbecome a lien, whether claimed by operation of law encumbrance, charge or express or implied contract. Any claim to a lien or encumbrance security interest upon the Property Premises, or Premises arising in connection with any Work on portion thereof, or respecting the Premises not performed by or at the request of Landlord shall be null and voidincome therefrom, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesother than Permitted Encumbrances.

Appears in 3 contracts

Samples: Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/)

Mechanic’s Liens. The Tenant will not permit, during the term hereby granted, any mechanic's or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to attach to or affect the Premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the Property Premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any mechanic’ssuch work, materialman’slabor 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 similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed in and constituting part leasehold estate of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may upon the land or building of which they are a part or the improvements now erected or hereafter to be necessary under applicable Laws)erected upon the Premises or the land, in order to afford Landlord or building of which the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordPremises are a part; and if any such mechanic's or other lien or order shall be filed against the Premises or the land or building of which the Premises are a part, the Tenant shall, within sixty (60) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within sixty (60) days after the filing thereof, the Landlord may may, after five (5) days' notice to Tenant, pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid 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 under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by the Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in payable by the Premises and shall in all respects be subordinate to Landlord’s title Tenant to the Property and PremisesLandlord on demand, together with interest as aforesaid as additional rent.

Appears in 3 contracts

Samples: Lease Agreement (Getty Images Inc), Lease Agreement (Getty Images Inc), Lease Agreement (Getty Images Inc)

Mechanic’s Liens. Tenant will not permit, during the term hereby granted, any mechanic’s or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to, attach to or affect the demised premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Owner herein, or the building. The Tenant’s obligation to keep the Property demised premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Owner to the furnishing of any mechanic’ssuch work, materialman’slabor 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 similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed leasehold estate of the Owner in and constituting the demised premises or upon the land or building of which they are a part of the Premisesimprovements now erected or hereafter to be erected upon the demised premises or the land or building of which the demised premises are a part; and if any such mechanic’s or other lien or order shall be filed against the demised premises or the land or building of which the demised premises are a part, the Tenant shall, within thirty (30) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in connection with any Tenant’s Changes on or respecting a proper proceeding according to law. If the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfail to take such action, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any not cause such lien or encumbrance by bond or otherwise order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, Landlord the Owner may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Owner, including all reasonable attorney’s fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.

Appears in 3 contracts

Samples: Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefore without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 3 contracts

Samples: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

Mechanic’s Liens. Tenant shall keep the Property pay or cause to be paid all costs and Premises free from any mechanic’scharges for work (a) done by Tenant or caused to be done by Tenant, materialman’s, in or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ feesb) arising out of the same for all materials furnished for or in connection with such work. Tenant shall 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 this Lease. If any such lien, security at any time, is filed against the Premises or any part of the Project, Tenant shall cause such lien to be discharged of record within thirty (30) 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 shall pay and satisfy the same at once. If Tenant fails to pay any charge, cost or expense for which a mechanics’ lien has been filed and Tenant does not cause such lien to be discharged of record within thirty (30) days after the filing of such lien, Landlord may, at its option, pay such charge and related costs and interest, conditional sale and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or chattel mortgage 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 or the Project, or that any action affecting title to the Project has been commenced on account of work done by or proceeding brought thereon. Tenant for or materials furnished to or for Tenant, it shall immediately give Landlord written notice at of such notice. At least twenty fifteen (2015) days prior to the commencement of any work on (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall give Landlord (i) written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and (ii) two (2) copies of Tenant’s Change in plans and specifications for such work. Landlord will have the right to post notices of nonresponsibility or similar written notices on the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord protect the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove Premises against any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesliens.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Zillow Inc)

Mechanic’s Liens. Section 11.1 Tenant shall keep the Property and Premises free from not suffer nor permit any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrances------------ liens to be filed against the Building, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, or against Tenant's leasehold interest in connection with any Tenant’s Changes on or respecting the Premises not performed by reason of work, labor, services or materials supplied or claimed to have been supplied to the Tenant or anyone holding the Premises or any part thereof through or under the Tenant. The Landlord shall have the right at all times to post any notice which the request Landlord may deem to be necessary or advisable for the protection of the Landlord and the Building from mechanics' liens. If a mechanics' lien shall indemnifybe filed against the Premises, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least discharge it within twenty (20) days prior after the filing date, except that if Tenant desires to the commencement of work on any Tenant’s Change in the Premises (or contest such additional time lien, it will comply with such statutory procedures as may be necessary under applicable Laws), in order available to afford Landlord release the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty twenty (3020) days after written notice by Landlord; filing date. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and if satisfy the same at once. If Tenant shall fail fails to do sopay and charge for which a mechanics' lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, then, in addition to any other rights or remedies available, Landlord may pay may, but shall not be obligated to, discharge the amount necessary claimed to remove such be due or cause the lien or encumbranceto be released in any other manner. Any amount paid by Landlord with respect thereto, without being responsible for investigating and all attorneys' fees and costs of the validity thereof. The amount so Landlord, with interest at the rate of one and one half percent (1.5%) per month, shall upon demand be paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize by the Tenant to do any act which shall subject the Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Industrial Lease (Nicklebys Com Inc), Industrial Lease (Nicklebys Com Inc)

Mechanic’s Liens. Tenant Seller covenants that, at Closing, there shall keep be no mechanics liens which shall affect the Property Property. In the event there shall be such mechanic's liens, Purchaser and Premises free Seller shall have such rights and obligations as are stated in Section 6 of this Agreement. (A) This Agreement may be terminated: (i) By Purchaser pursuant to any right of termination specifically set forth in this Agreement; (ii) By written agreement of Seller and Purchaser; or (iii) By Seller if Closing does not occur by the Closing Date for any reason other than the non-fulfillment of a Purchaser Condition or a Seller Default (as defined below). (iv) By Purchaser if Closing does not occur by the Closing Date for any reason other than the non-fulfillment of a Seller Condition or a Purchaser Default (as defined below), (B) If (a) Seller fails in any respect to comply with, fulfill or perform any covenant, term or condition to be complied with, fulfilled or performed by it under this Agreement, and does not cure such failure within ten (1.0) days after receipt of notice thereof from any mechanic’s, materialman’sPurchaser to Seller, or similar liens (b) Seller fails or refuses to consummate the Transaction in accordance with the terms and conditions of this Agreement, other than by reason of non-fulfillment of any Seller Condition (any such encumbrancesevent being in subparts (a) or (b) being referred to herein as a "Seller Default"), or (c) any Purchaser Condition is not either fulfilled within the period specified herein or waived by Purchaser, then, and in any such event, Purchaser shall have the right, at its election, and in addition to any other rights and remedies it may have under this Section, to terminate this Agreement in its entirety, by notice to Seller, in which event all liabilities and obligations of the parties hereunder, except as otherwise expressly provided herein and for Seller's liability for damages for a Seller Default, shall cease. (C) If (a) Purchaser fails in any respect to comply with, fulfill or perform any covenant, term or condition to be complied with, fulfilled or performed by it under this Agreement, and does not cure such failure within ten (10) days after receipt of notice thereof from Seller to Purchaser, or (b) Purchaser fails or refuses to consummate the Transaction in accordance with the terms and conditions of this Agreement, other than by reason of non-fulfillment of any Purchaser Condition (any such event in subparts (a) or (b) being herein referred to as a "Purchaser Default"), or (c) any Seller Condition is not satisfied on the Closing Date or waived by Seller, then, and in any such event, Seller shall have the right to terminate this Agreement by notice to Purchaser and retain the Xxxxxxx Money, in which event all liabilities and obligations of the parties hereunder, except as otherwise expressly provided herein, shall cease. (D) The parties acknowledge that the Facility is of a special, unique and extraordinary character, and that damages alone are an inadequate remedy for a breach of this Agreement by either party. Accordingly, Purchaser shall be entitled, in the event of a Seller Default, to enforcement of this Agreement by a decree of specific performance or injunctive relief requiring Seller to fulfill its obligations under this Agreement. (E) If Purchaser is able and ready to close but the Closing does not occur as a result of a Seller's Default, or if this Agreement is terminated as provided in Section 17 A(iv), then if requested by Purchaser, Seller shall promptly cause Escrow Agent to refund the Xxxxxxx Money to Purchaser. Purchaser may in the alternative in its sole discretion, waive the Seller Default and pursue an action for specific enforcement or damages against Seller. If Seller is able and ready to close and the Closing does not occur as a result of a Purchaser Default, or if this Agreement is terminated as provided in Section 17 a(iii), then Purchaser shall promptly cause Escrow Agent to pay the Xxxxxxx Money to Seller. Upon payment of the Xxxxxxx Money, this Agreement shall be deemed terminated and of no further force or effect, and no Purchaser indemnified Party shall have any further duty or liability to Seller or any Seller Indemnified Party. Except as limited by the foregoing paragraph, upon termination of this Agreement each party shall thereafter remain liable for breach of this Agreement prior to such termination. If this Agreement is terminated without any breach by either party hereto, including a termination under Section 6, then the liens Deposit shall be disposed of any security interest inas in the case of a Seller's Default, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part each of the Premises, parties shall be liable and responsible for any costs incurred by such party in connection with any Tenant’s Changes on or respecting the Premises not performed Transaction contemplated by or at the request of Landlord and shall indemnifythis Agreement, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time except only as may otherwise specifically be necessary under applicable Laws), in order provided herein. (F) Each notice given by a party to afford Landlord the opportunity terminate this Agreement shall specify which subsection of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any this Section 17 pursuant to which such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesis given.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Global Healthcare Reit, Inc.)

Mechanic’s Liens. (a) Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from or any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesProject any mechanic's, in connection with any Tenant’s Changes on materialman's, contractor's or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) subcontractor's lien arising out of the same or in connection with any such lienwork of improvement, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. however it may arise. (b) Tenant shall give notify Landlord written notice at least twenty ten (2010) days prior to the commencement of work on construction of any Tenant’s Change 's Work and Landlord shall have the right to post and record a notice of nonresponsibility in the Premises conformity with applicable law. Within ten (or such additional time as may be necessary under applicable Laws)10) days following completion of Tenant's Work, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove file a Notice of Completion and deliver to Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work. (c) In the event any such lien is filed against the Project or encumbrance by bond any portion thereof or otherwise against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof. In the event Tenant shall fail fails to do so, Landlord may pay obtain the amount necessary to remove such release and/or discharge of said lien or encumbranceand Tenant shall indemnify Landlord for the costs thereof, without being responsible for investigating including reasonable attorney's fees, together with interest at the Applicable Interest Rate from the date of demand. Nothing herein shall prohibit Tenant from contesting the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandof any such asserted claim, without limitation as to other remedies available provided Tenant has furnished to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting release bond freeing the Premises not performed by or at from the request effect of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslien claim.

Appears in 2 contracts

Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit any mechanic’s’s liens, materialman’s, or similar materialmen’s liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting to be placed upon the Premises not or the Complex for any work performed by or at the request of Landlord and shall indemnifyTenant, defendor any assignee, protectsublessee or licensee of Tenant, and hold Landlord harmless from and against nothing in this Lease shall be deemed or construed in any claimsway as constituting the consent or request of Landlord, liabilitiesexpress or implied, judgementsby inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the same furnishing of any materials that would give rise to any mechanic’s or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in other liens against the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityComplex. Tenant shall remove In the event any such lien is attached to the Premises or encumbrance the Complex and not discharged by bond payment, bonding or otherwise within thirty (30) days after receipt of written notice by from Landlord; and if Tenant shall fail , then, in addition to do soany other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating the validity thereof. The amount so paid aforesaid purpose shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Leaseon demand as additional Rent and shall bear interest at the Default Rate from the date paid by Landlord until reimbursed by Tenant. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject will, upon Landlord’s title to written request, post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. To the Property or Premises to any liens or encumbrancesfullest extent allowable under the Laws, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon Tenant releases and will indemnify and hold harmless the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null Related Parties and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesthe Complex from and against any Claims (including reasonable attorneys’ fees and costs) in any manner directly relating to or directly arising out of the Tenant Improvements, Alterations, or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (FSP 50 South Tenth Street Corp)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsjudgments, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Office Lease (Loxo Oncology, Inc.), Office Lease (Envivio Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including reasonable attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordLandlord or at the conclusion of any contested matter not resolved in Tenant’s favor; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Commercial Sublease Agreement (Sunesis Pharmaceuticals Inc), Commercial Sublease Agreement (Sunesis Pharmaceuticals Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, 's or materialman’s's lien shall at any time be filed against the Demised Premises or any part thereof, or similar liens any encumbrance, charge, mortgage, title retention or other such encumbrancessecurity agreement be filed against the Demised Premises or any part thereof, including the liens by reason of any security interest inwork, conditional sales oflabor or services, or chattel mortgages uponmaterials or equipment furnished to or for Lessee, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee within thirty (30) days after written notice of the filing thereof, will cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to do socause any of the foregoing to be discharged within said period then, Landlord may in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same whether by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Lessor shall be entitled, if Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor, and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Lessor and all costs and expenses incurred by Lessor in connection therewith, together with interest thereon at the legal rate then obtaining from the respective dates of Lessor's making of the payment or incurring of the costs and expense, shall be deemed Additional Rent constitute additional rent payable by Lessee under this Lease payable upon and shall be paid to Lessor by Lessee on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained shall obligate Lessee to pay or discharge any lien created by Lessor. Nothing in this Lease shall authorize Tenant to do be deemed or construed in any act which shall subject Landlord’s title to way as constituting the Property consent or Premises to any liens or encumbrancesrequest of Lessor, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to a lien any contractor, subcontractor, laborer or encumbrance upon materialman for the Property performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises arising in connection with or any Work on part thereof, nor as giving Lessee any right, power or respecting authority to contract for or permit the Premises not performed by rendering of any services or at the request furnishing of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title any materials that would give rise to the Property and Premisesfiling of any lien against the Demised Premises or any part thereof.

Appears in 2 contracts

Samples: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s’s lien to be filed against the interest of Landlord or Tenant in the Demised Premises or Tenant Improvements by reason of work, materialman’slabor, services or materials supplied or claimed to have been supplied to Tenant, the Demised Premises, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofTenant Improvements, or chattel mortgages uponany part thereof, any materialsand agrees to exonerate, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifyprotect, defend, protect, indemnify and hold save harmless Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien. If any such mechanic’s lien shall be filed at any time, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and of the filing thereof cause the same to be discharged of record, provided, if Tenant shall fail promptly bond such lien with a responsible surety company, Tenant may contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings, diligently prosecuted, and such contest shall defer for its duration Tenant’s duty hereunder to do sodischarge the same. Upon request by Tenant, Landlord may pay the amount necessary shall execute and deliver any and all such documents or instruments, and, subject to remove approval of Landlord’s counsel, shall take any and all such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid other action as shall be deemed Additional Rent under this Lease payable upon demand, without limitation as necessary or proper to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize permit Tenant to do any act which shall subject bring such proceedings in Tenant’s or Landlord’s title name, or in the names of both of them, or otherwise to facilitate the Property conduct of such proceedings by Tenant. Tenant covenants to exonerate, protect, defend, indemnify and save harmless Landlord from any liability for the payment of any costs or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising expenses in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch proceedings.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

Mechanic’s Liens. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall keep the Property and Premises free from any mechanic’sliens and shall pay when due all bills arising out of any work performed, materialman’smaterials furnished, or similar liens obligations incurred by Tenant or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of Tenant’s Parties relating to the Premises, in connection . If any claim of lien is recorded with any Tenant’s Changes on or respecting the Premises not respect to work performed by or at the request on behalf of Landlord and Tenant or Tenant’s Parties, Tenant shall indemnify, defend, protect, and hold Landlord harmless from and bond against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of discharge the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty within ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Tenant has received notice by Landlord; and if Tenant shall fail to do so, Landlord may pay that the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting same has been recorded against the Premises not performed by or at the request of Landlord shall be null and void, orhave the right, at Landlord’s option, if Tenant has not bonded against or removed the lien within the ten (10)- day period, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the Interest Rate, shall attach only be Additional Rent due and payable within five (5) days after receipt of the xxxx therefor. Should any lien be filed against Tenant’s the Premises or any action be commenced affecting title to the Premises, the party receiving notice of such lien or action shall promptly give the other party written notice thereof. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect and hold Landlord harmless from any and all loss, cost or expense based on or arising out of claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises and shall in all respects be subordinate or this Lease arising from the act or agreement of Tenant. Tenant agrees to Landlord’s title to give Landlord prompt written notice of the Property and placing of any lien or encumbrance against the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Palm Inc), Lease Agreement (Palmsource Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed 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 liens to be filed against the Premises or the Land in connection therewith. Upon completion of any such work, Subtenant shall deliver to Sublandlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Subtenant shall, within ten (10) days after such filing (or such earlier time period as may be necessary to prevent the forfeiture of the Premises or any interest of Landlord or Sublandlord 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 Sublandlord a bond or other security reasonably satisfactory to Sublandlord. If Subtenant fails to timely take either such action, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall indemnify, be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall defend, protect, indemnify and hold Landlord harmless Sublandlord and Sublandlord’s Representatives from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Subtenant’s Representative to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Subtenant’s Representative. This indemnity provision shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.

Appears in 2 contracts

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

Mechanic’s Liens. If Tenant performs or orders (other than through Landlord or Landlord’s contractors) any construction or other work on or about the Leased Space for which a lien could be filed against the Leased Space or the Building, Tenant shall keep obtain from the Property contractor who performs such work a release of any liens which could be filed under the Mechanics’ Lien Law of the Commonwealth of Pennsylvania for such work which has been completed and Premises free paid for by Tenant, at the time of payment, and obtain similar releases from all subcontractors, sub-subcontractors and material suppliers. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including lien shall be filed against the liens of any security interest in, conditional sales of, Leased Space or chattel mortgages upon, any materials, fixtures, the Building purporting to be for labor or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on material furnished or respecting the Premises not performed by or to be furnished at the request of the Tenant other than through Landlord and or Landlord’s contractors, then Tenant shall indemnifyat its expense cause such lien to be discharged of record by payment, defendbond or otherwise, protectwithin fifteen (15) days after Tenant receives notice of the filing thereof. If Tenant shall fail to cause such lien to be discharged by payment, bond or otherwise within such period, Landlord may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and hold Tenant shall, upon demand, reimburse Landlord harmless from for all amounts paid and against any claimscosts incurred, liabilities, judgements, or costs (including attorneys’ fees, in having such lien discharged of record. If, however, Tenant notifies Landlord during such fifteen (15) arising out day period that it disputes the validity of the same or such lien and provides security reasonably acceptable to Landlord in connection with any an amount which is sufficient to discharge such lienlien in full, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant Landlord shall give Landlord written notice at least refrain from satisfying such lien for a period not to exceed one hundred twenty (20120) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdays.

Appears in 2 contracts

Samples: Lease Agreement (Viropharma Inc), Lease Agreement (Viropharma Inc)

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant's sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’sliens arising out of work performed, materialman’smaterials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or similar liens other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or other creditor of Tenant will upon its face or by exhibit thereto indicate that such encumbrancesFinancing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. In connection with any improvements made by the Tenant to the Premises: (a) Tenant shall not allow any Notice of Commencement to be filed pursuant to Section 713.13, Florida Statutes, 2006, unless the form and content thereof (including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part description of the Premises, ) is approved in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice writing by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable (b) upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord Landlord, any liens filed shall be null and voidtransferred promptly by Tenant at its expense to bond or other security pursuant to Section 713.24, orFlorida Statutes, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises2006.

Appears in 2 contracts

Samples: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22 hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 2 contracts

Samples: Joint Venture Contribution and Formation Agreement (SEACOR Marine Holdings Inc.), Office Lease (Wageworks, Inc.)

Mechanic’s Liens. Section 11.1 Tenant shall keep the Property and Premises free from not suffer nor permit any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrancesliens to be filed against the Building, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's leasehold interest in the Premises and shall in all respects be subordinate by reason of work, labor, services or materials supplied or claimed to Landlord’s title have been supplied to the Property Tenant or anyone holding the Premises or any part thereof through or under the Tenant The Landlord shall have the right at all times to post any notice which the Landlord may deem to be necessary or advisable for the protection of the Landlord and the Building from mechanics' liens. If a mechanics' lien shall be filed against the Premises, Tenant shall discharge it within sixty (60) days after the filing date, except that if Tenant desires to contest such lien, it will comply with such statutory procedures as may be available to release the lien within sixty (60) days after filing date. 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 and charge for which a mechanics' lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, then, in addition to any other rights or remedies available, Landlord may, but shall not be obligated to, discharge the amount claimed to be due or cause the lien to be released in any other manner. Any amount paid by Landlord with respect thereto, and all attorneys' fees and costs of the Landlord, with interest at the rate of one and one half percent (1.5%) per month, shall upon demand be paid by the Tenant to the Landlord.

Appears in 2 contracts

Samples: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 2 contracts

Samples: Office Lease Agreement (Graymark Healthcare, Inc.), Industrial Building Lease (Amedica Corp)

Mechanic’s Liens. If Tenant makes any alterations or improvements in the Premises, Tenant shall keep pay for same when made. Nothing in the Property and Premises free from Lease shall be construed to authorize Tenant or any mechanic’sperson dealing with or under Tenant, materialman’sto charge the Rents, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofPremises, or chattel mortgages upon, the interest of Landlord in the Premises or any materials, fixtures, person under or articles so installed through whom Landlord has acquired its interest in and constituting part the estate of the Premises, with a mechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in connection with the making of any Tenant’s Changes on such alterations or respecting improvements to the Premises, but, to the contrary, the right or power to charge any lien, claim or encumbrance of any kind against the Rent or the Premises is denied. Landlord shall have the right, but not performed the obligation, to notify all persons or entities supplying labor or materials for Tenant to the Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Premises is not subject to impression of a lien with respect thereto. So long as the laws of the State in which the Premises is located shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against materialmen's lien is threatened by any claims, liabilities, judgementscontractor, or costs (including attorneys’ fees) arising out in the event of the same or in connection with filing of a notice of any such lien, security interestTenant shall promptly pay same and take steps immediately to have the same removed. If the same is not removed within ten (10) days from the date of written notice from Landlord, conditional sale or chattel mortgage Landlord shall have the right, at Landlord's option, of paying the same or any action portion thereof and the amounts so paid, including attorneys' fees and expenses associated therewith and interest at the Default Rate on any sums and expenses paid or proceeding brought thereonadvanced from the date of expenditure by Landlord until the date of reimbursement by Tenant, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a xxxx for same. Tenant shall give indemnify and save harmless Landlord written notice at least twenty (20) days prior to the commencement from and against all losses, claims, damages, costs and expenses suffered by Landlord by reason of work on any repairs, installations or improvements made by Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Security Side Letter Agreement (American Barge Line Co), Lease (American Barge Line Co)

Mechanic’s Liens. Tenant You (the Tenant) shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind the interests of Landlord in the Premises or other such encumbrancesto charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLandlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord's estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any Tenant’s Changes work performed on or respecting the Premises not performed by on which any lien is or at can be validly and legally asserted against its leasehold interest in the request of Landlord Premises or the improvements thereon and shall indemnify, defend, protect, that you will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order the terms of this Lease. You agree to afford give Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove immediate written notice if any such lien or encumbrance by bond is placed on the Premises. (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or otherwise within thirty materials to the Premises that would or may result in any mechanic's or materialman's lien attaching to Landlord's interest in the Premises; (30ii) days after written notice by LandlordYou are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or reconstruction; and if Tenant shall fail to do so(iii) except as expressly provided herein, Landlord may pay has retained no control over the amount necessary manner in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to remove such lien make or encumbrance, without being be responsible for investigating any payment to or for the validity thereofbenefit of any person furnishing labor or materials in connection therewith. The amount so paid No one furnishing labor or materials to or for your account shall be deemed Additional Rent under this Lease payable upon demand, without limitation as entitled to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do claim any act which shall subject Landlord’s title to lien against the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and such entities shall look solely to you and your leasehold interest under this Lease for the satisfaction of any such claims. You shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed by you in all respects be subordinate the Premises. If any such taxes for which you are liable are levied or assessed against Landlord or Landlord's property and if Landlord elects to pay the same or if the assessed value of Landlord’s title 's property is increased by inclusion of personal property, furniture or fixtures placed by you in the Premises, and Landlord elects to pay the Property and Premisestaxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 2 contracts

Samples: Lease Agreement (Tradestation Group Inc), Industrial Lease (DHB Industries Inc)

Mechanic’s Liens. Landlord and Tenant shall keep covenant to each other that they will not permit any lien to be filed against the Property and Premises free from any mechanic’s, materialman’sor the Shopping Center as a result of nonpayment for, or similar liens disputes with respect to, labor or other such encumbrancesmaterials furnished to the Premises or the Shopping Center as a result of nonpayment for, or 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. Should any lien of any nature, including but not limited to the liens of any security interest inforegoing, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting be filed against the Premises not performed by or at Shopping Center, the request party on account of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any whose actions such lien or encumbrance by bond or otherwise has been filed shall, within thirty (30) days after receipt of written notice of such lien, cause said lien to be removed, or otherwise protected against execution during good faith contest by Landlord; (i) posting a bond therefor, (ii) escrowing adequate funds to cover the claim and if related transaction costs or (iii) taking such other action as may be permissible under applicable title insurance regulations and reasonably acceptable to the other party hereto. Furthermore, to the extent Landlord or Tenant shall fail is unable to do soobtain owner's or leasehold title insurance, Landlord as the case may pay the amount necessary to remove such lien be, or encumbrancean endorsement thereto, without being responsible for investigating mechanic's liens shown on "Schedule B" therein, due to a mechanic's lien attributable to work of Landlord or Tenant, such party shall provide the validity thereofnecessary indemnity to the title company to allow the party seeking the insurance to obtain such insurance without the mechanic's liens listed as an exception to title. The amount so paid Notwithstanding the foregoing, Landlord's obligations under the preceding two sentences shall be deemed Additional Rent under this Lease payable upon demand, without limitation as only apply to other remedies available liens filed that have a priority of record to Landlord under this Lease. Nothing contained in this Lease Furthermore, Landlord and Tenant shall authorize Tenant to do any act which shall subject Landlord’s title indemnify, defend (with counsel reasonably acceptable to the Property party being defended) and hold harmless, the other party hereto against all claims, costs, liability, or Premises to any liens or encumbrances, whether claimed expense resulting from the breach by operation such indemnifying party of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits obligations under this paragraph 13.

Appears in 2 contracts

Samples: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)

Mechanic’s Liens. Tenant shall keep (a) Lessee agrees: (i) To pay for all labor, services and materials used by or furnished to Lessee or any contractor employed by Lessee with respect to the Property and Premises free from or any mechanic’spart thereof, materialman’swhether or not such labor, services, or similar liens materials were related to trade fixtures or other such encumbrances, including the liens works of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall improvement; (ii) to indemnify, defend, protectand protect Lessor and the Premises from and against, and to hold Landlord Lessor and the Premises free and harmless from from, any and against any all liabilities, claims, liabilitiesliens, judgementsencumbrances, and judgments created or suffered in connection with such labor, services, or costs materials; and (including attorneysiii) to permit Lessor to post and maintain notices of nonresponsibility on the Premises in accordance with California Civil Code Section 3094 or other similar statute hereafter enacted; provided that, nothing herein shall prevent Lessee from contesting in good faith the validity or amount of any lien, claim, encumbrance, or judgment, provided that, in the case of a mechanicsfeesor materialman’s lien, Lessee obtains and records an appropriate bond as provided by Law to remove the record lien created thereby. (b) Should a judgment on any lien, charge, encumbrance, order, notice or violation be rendered against the Premises for which Lessor is not responsible hereunder, and should Lessee fail to discharge such judgment or take action to protest such judgment as provided herein, Lessor shall have the right, but not the obligation, to discharge said judgment. If Lessor exercises that option, any amount paid by Lessor shall be due from Lessee as Additional Rent, and subject to interest as provided above. Lessor shall be responsible for any lien, charge, encumbrance, order, notice or violation rendered against the Premises arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request on behalf of Landlord shall be null and voidLessor or any contractor on behalf of Lessor, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title except to the Property and Premisesextent such work is performed as a result of Lessee’s failure to comply with its obligations as provided in this Lease.

Appears in 1 contract

Samples: Ground Lease (American Pacific Corp)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s’ s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Day One Biopharmaceuticals Holding Co LLC)

Mechanic’s Liens. Tenant shall keep not suffer or permit any mechanics1 liens to be filed against the Property and Leased Premises free from or any mechanic’spart thereof or against the Building in which the Leased Premises is located by reason of work, materialman’slabor, services or similar liens materials supplied or other claimed to have been supplied to the Tenant or anyone holding the Premises or any part thereof through or under the Tenant. If any such encumbrances, including the liens of lien shall at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by Landlord; and if the date of filing the same. If the Tenant shall fail to do sodischarge such lien within such period, Landlord then in addition to any other right or remedy it may pay have Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is, or may be, prescribed by law. Any amount paid by the Lessor for any of the aforesaid purposes, shall be repaid by the Tenant to the Lessor on demand, together with interest at the rate of one and one-half percent (13%) per month or the maximum allowed by law, whichever is less, until repaid. Any sum due to Lessor from Tenant hereunder shall be treated as additional rent. Nothing herein contained shall imply any consent or agreement on the part of the Lessor to subject the Lessor's estate to liability under any mechanic's lien law. In lieu of discharging any such lien as provided above, Tenant may deposit with Lessor a certificate of deposit issued by a bank or other security acceptable to Lessor in its sole discretion, in an amount equal to one hundred fifty percent (150%) of the sum of the amount claimed due on such lien, plus attorney's fees, interest and other sums claimed due therewith. Tenant shall be entitled to all dividends and interest accruing on said deposit. Tenant shall diligently defend against any such lien claim. In the event that any such lien shall be established by agreement between Tenant and the Lienor, or by legal adjudication, Lessor shall be entitled to use so much of the deposit as is necessary to remove pay off and discharge such lien or encumbrancelien, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as returning any excess to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease (Broadview Institute Inc)

Mechanic’s Liens. Landlord and Tenant shall keep hereby expressly agree and acknowledge that, pursuant to the Property terms of this Lease and Premises free from any mechanic’sapplicable. Law of the State of Florida, materialman’s, or similar liens or other such encumbrances, including the liens no interest of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed Landlord in and constituting part of the Premises, the Building or the Property shall be subject to any lien for improvements made by Tenant in connection with or for the Premises, and Tenant shall not permit any Tenant’s Changes mechanic's lien or liens to be placed upon the Premises or any portion of the Building or the Property. Landlord has recorded in the public records of Palm Beach County, Florida, a public notice containing a true and correct copy of this Paragraph 19, and Tenant agrees to inform all contractors and materialmen performing work on or respecting supplying material to the Premises not performed by of the existence of such notice. Nothing in this Lease shall be deemed or at construed in any way as constituting the consent or request of Landlord and shall indemnifyLandlord, defendexpress or implied, protectby inference or otherwise, and hold Landlord harmless from and against to any claims, liabilities, judgementsperson for performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the 15 <PAGE> rendering of any services or the furnishing of any materials that would or might give rise to any mechanic's or other liens against the Premises or any portion of the same Building or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonthe Property. Tenant shall give Landlord written notice at least twenty (20) days prior to In the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove event any such lien is claimed against the Premises or encumbrance by bond any portion of the Building or otherwise the Property, then Tenant shall discharge same or transfer such lien to other security within thirty (30) days after written of notice by thereof. In the event that Tenant fails to discharge or otherwise remove any such liens, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating any of the validity thereof. The amount so paid aforesaid purposes shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available reimbursed by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's demand therefore as additional rent.

Appears in 1 contract

Samples: Office Lease Agreement

Mechanic’s Liens. Tenant Lessee shall keep not suffer or permit any mechanics' liens to ---------------- be filed against the Property and Premises free from any mechanic’sfee of the premises, materialman’snor against Lessee's leasehold interest in the premises, by reason of work, labor, services or materials supplied, or similar liens claimed to have been supplied, to Lessee, or other such encumbrancesanyone holding the premises or any part thereof, including through or under Lessee; and nothing in this Lease contained shall be deemed or construed in any way as constituting the liens consent or request of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material man for the performance of any security interest inlabor or the furnishing of any materials for any specified improvement, conditional sales alteration or repair of, or chattel mortgages uponto the premises, or any part thereof, nor as giving Lessee any right, power or authority to contract for, or permit the rendering of, any materials, fixturesservices, or articles so installed in and constituting part the furnishing of any materials that would give rise to the filing of any mechanics' liens against the fee of the Premisespremises. Lessor shall have the right at all reasonable times to post, and keep posted, on the premises any notices that may be provided by law which Lessor may deem to be necessary for the protection of Lessor, and the premises from mechanics' liens. If any such mechanics' lien shall at any time be filed against the premises, Lessee covenants that it will promptly take and diligently prosecute appropriate action to have the same discharged; and, upon its failure to do, Lessor, in addition to any other right or remedy that it may have, may take such action as may be reasonably necessary to protect its interest, and any reasonable amount paid by Lessor in connection with any Tenant’s Changes on or respecting the Premises not performed by or such action, and all reasonable legal and other expenses of Lessor in connection therewith, including reasonable counsel fees, court costs and other necessary disbursements, with interest thereon at the request rate of Landlord and shall indemnifyten (10%) percent per annum from the date of payment, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon repaid by Lessee to Lessor on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (Kentucky National Bancorp Inc)

Mechanic’s Liens. (a) Tenant shall keep not suffer or permit any liens to stand against the Property and Premises free from or any mechanic’spart thereof, materialman’sby reason of any work, labor, services or materials done for, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofsupplied to, or chattel mortgages upon, any materials, fixturesclaimed to have been done for, or articles so installed in and constituting supplied to, Tenant or anyone holding the Premises or any part of thereof through or under Tenant. If any such lien shall at any time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice receipt of Notice of the filing of same, by Landlord; and if either payment, deposit or bond. If Tenant shall fail to do sodischarge any such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may may, but shall not be obligated to, procure the discharge of such lien either by paying the amount claimed to be due, or such greater amount as is otherwise required pursuant to Legal Requirements, by deposit in court or bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses of Landlord, including counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the Interest Rate from the date of payment or deposit, shall become due and payable forthwith by Tenant to remove such lien or encumbranceLandlord, without being responsible for investigating or, at the validity thereof. The amount so paid option of Landlord, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available by Tenant to Landlord under this Lease. as Additional Rent. (b) Nothing contained in this Lease shall authorize Tenant be deemed to do be, or construed in any act which shall subject way as constituting, the consent or request of Landlord’s title , expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Property Premises, or Premises any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any liens services or encumbrancesthe furnishing of any materials, whether claimed by operation of law which might in any way give rise to the right to file any lien against or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises. Landlord shall have the right to post and keep posted at all reasonable times upon the Premises and any notices which Landlord shall in all respects be subordinate required so to Landlord’s title to post for the Property and Premisesprotection of Landlord and/or the Premises from any such lien.

Appears in 1 contract

Samples: Lease Agreement (Pdi Inc)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not ----------------- to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant will not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the term hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant will promptly pay same. Tenant If default in payment thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null subject to liens for improvements made by Tenant in and void, or, at Landlord’s option, to the Premises. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and other a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord shall not be subject to liens for improvements made by Tenant to the Premises.

Appears in 1 contract

Samples: Lease (Virtual Mortgage Network Inc)

Mechanic’s Liens. a. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and all times hold Landlord harmless from and against any claimsshall promptly pay and discharge all claims for work or labor done, liabilities, judgements, supplies furnished or costs (including attorneys’ fees) arising out services rendered in or to the Premises; and shall keep the Premises free and clear of the same or all mechanic's and materialmen's liens in connection with any therewith. This covenant to pay promptly such claims shall not preclude Tenant from contesting such claims in good faith, provided that Tenant shall, if so requested by Landlord, bond removal of such lien, security interestand otherwise at all times perform and continue to perform its covenant herein to hold Landlord harmless herefrom. Landlord may post and keep posted on the Premises or in the immediate vicinity thereof, conditional sale in a conspicuous place which satisfies applicable statutory requirements and which shall be reasonably satisfactory to Tenant, any notice of non-responsibility for any construction, alteration or chattel mortgage repair of the Premises by Tenant. b. Should any claims of mechanic's or materialmen's liens be filed against the Premises or any action or proceeding brought thereon. Tenant shall give Landlord written affecting the title to such property be commenced, the party receiving notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after action shall forthwith give the other party written notice by Landlord; and if thereof. If Tenant shall fail to do sodischarge such lien within such period or fail to furnish such security, then in addition to any other right or remedy, the Landlord may pay may, but shall not be obligated to discharge the same either by paying the amount necessary claimed to remove be due or by procuring the discharge of such lien by deposit in court or encumbranceby giving security or in such other manner as is or may be prescribed by law. If Tenant fails to discharge the lien, without being responsible for investigating the validity thereof. The amount so paid it shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available repay to Landlord under this Leaseon demand all sums disbursed or deposited by Landlord pursuant to the foregoing provisions hereof, including costs, expenses, and reasonable attorneys' fees incurred by such party in connection therewith. Nothing contained in this Lease herein shall authorize Tenant imply any consent or agreement on the part of either party to do subject its estate to liability under any act which shall subject Landlord’s title to the Property mechanic's or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a other lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.

Appears in 1 contract

Samples: Lease Agreement (Center Financial Corp)

Mechanic’s Liens. (a) Tenant will not suffer or permit any mechanic's, laborer's or materialman's lien to be filed against the Land, Building, or Premises, or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to tenant; and if any such lien shall at any time be filed, Tenant, within ten (10) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise provided by law. If Tenant shall keep fail to cause such lien to be discharged within the Property and Premises free from period aforesaid, then in addition to any mechanic’sother right or remedy, materialman’sOwner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or similar liens by procuring the discharge of such lien by deposit or by bonding or other such encumbrancesproceedings. NOTWITHSTANDING THE FOREGOING, including the liens Owner hereby authorizes Tenant to contest validity of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if claim, provided that in such circumstances the Tenant shall fail at its expense defend itself and Owner against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Owner, the Premises or the building, provided further that Owner may at any time require the Tenant to do so, Landlord may pay post a bond with an entity satisfactory to Owner in an amount one and one-half (1.5) times the amount necessary to remove such of the lien or encumbranceto deposit with the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and discharge of the lien. If Tenant shall not immediately make such payment upon the request of Owner, without being responsible for investigating Owner may make said payment in the validity thereof. The amount so paid together with interest thereon from the date of payment and all legal costs and charges, including attorney fees incurred by Owner in connection with said payment shall be deemed Additional Rent under this Lease and shall be payable upon on the next date on which a base rental installment is due. Any amount so paid by Owner, plus all of Owner's costs and expenses associated therewith, shall be paid by Tenant to Owner on demand, without limitation as to other remedies available to Landlord under with interest thereon at the Reimbursement Interest Rate from the due date until paid. (b) Nothing in this Lease. Nothing contained , nor any approval by Owner of any of Tenant's Alterations or contractors, shall be deemed or construed in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to way as constituting consent by Owner for the Property making of any alterations or Premises additions by Xxxxxx within the meaning of any State law, or constituting a request by Owner, expressed or implied, to any liens contractor, subcontractor, laborer or encumbrances, whether claimed by operation materialman for the performance of law any labor or express the furnishing of any materials for the use or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request benefit of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesOwner.

Appears in 1 contract

Samples: Lease Agreement (Gametech International Inc)

Mechanic’s Liens. Tenant shall keep If, by reason of any labor or services performed or materials furnished to the Property and Premises free from for or on behalf of Lessee, any mechanic’s's, materialman’smaterialmen's, or similar other liens or other such encumbrancesshall be filed, including the liens of any security interest in, conditional sales ofclaimed, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of perfected as provided by law against the Premises, Lessee shall discharge or remove the lien, by bonding or otherwise, within 15 days after receipt of written notice from Lessor to Lessee of the filing of same. In the event Lessee should fail to cause such lien to be discharged or removed within the 15-day period then, in connection with addition to any Tenant’s Changes on other right or respecting remedy, Lessor may, but shall not be obligated to, discharge the Premises not performed by or at lien. Upon receipt of copies of the request applicable receipts, Lessee shall promptly reimburse Lessor for the cost of Landlord discharging the lien. Notwithstanding the foregoing provisions, the parties understand and shall indemnifyagree that, defendin the event that such a lien is filed against the Premises, protectLessor, and/or Lessee, and hold Landlord harmless from Lessee immediately proceeds to contest same diligently and against any claimsin good faith, liabilitiesand at all times thereafter continues to contest same diligently and in good faith, judgementsLessee shall not be required to discharge or remove such lien as hereinabove set forth; provided, or costs (including attorneys’ fees) arising out however, that, as an aspect of the same or in connection with any contesting such lien, security interestLessee shall, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or Lessee's sole cost and expense, retain legal counsel for such additional time as may be necessary under applicable Laws)purpose, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee's legal counsel shall, within thirty (30) days after written notice by Landlord; of being retained, report to Lessor, in writing, disclosing in such report the nature of the claim upon which the lien is founded, as well as Lessee's defenses thereto and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether offsets claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidLessee; furthermore, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises event that a civil action is commenced by the lienholder seeking enforcement of such lien, in which civil action Lessor is named as a party defendant, then Lessee agrees to pay for and shall provide Lessor's legal representation and a legal defense to such civil action by and through legal counsel of Lessee's choice, which said legal counsel may represent both Lessee and Lessor in all respects be subordinate such civil action, and Lessee further agrees to Landlord’s title to indemnify and hold Lessor harmless respecting any judgment, obligation, or liability imposed upon Lessor, or the Property and Premises, arising from such civil action.

Appears in 1 contract

Samples: Lease Agreement (Centra Financial Holdings Inc)

Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written Xxxxxx’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with Xxxxxxxx’s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Mechanic’s Liens. (a) Tenant will not suffer or permit any mechanic's, laborer's or materialman's lien to be filed against the Land, Building, or Premises, or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to tenant; and if any such lien shall at any time be filed, Tenant, within ten (10) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise provided by law. If Tenant shall keep fail to cause such lien to be discharged within the Property and Premises free from period aforesaid, then in addition to any mechanic’sother right or remedy, materialman’sOwner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or similar liens by procuring the discharge of such lien by deposit or by bonding or other such encumbrances, including the liens proceedings. Owner may at its option and without waiving any of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change its rights set forth in the Premises (or such additional time as may be necessary under applicable Laws)immediately preceding sentence, in order permit Tenant to afford Landlord the opportunity contest validity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if claim, provided that in such circumstances the Tenant shall fail at its expense defend itself and Owner against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Owner, the Premises or the building, provided further that Owner may at any time require the Tenant to do so, Landlord may pay post a bond with an entity satisfactory to Owner in an amount one and one-half (1.5) times the amount necessary to remove such of the lien or encumbranceto deposit with the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and discharge of the lien. If Tenant shall not immediately make such payment upon the request of Owner, without being responsible for investigating Owner may make said payment in the validity thereof. The amount so paid together with interest thereon from the date of payment and all legal costs and charges, including attorney fees incurred by Owner in connection with said payment shall be deemed Additional Rent under this Lease and shall be payable upon on the next date on which a base rental installment is due. Any amount so paid by Owner, plus all of Owner's costs and expenses associated therewith, shall be paid by Tenant to Owner on demand, without limitation as to other remedies available to Landlord under with interest thereon at the Reimbursement Interest Rate from the due date until paid. (b) Nothing in this Lease. Nothing contained , nor any approval by Owner of any of Tenant's Alterations or contractors, shall be deemed or construed in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to way as constituting consent by Owner for the Property making of any alterations or Premises additions by Xxxxxx within the meaning of any State law, or constituting a request by Owner, expressed or implied, to any liens contractor, subcontractor, laborer or encumbrances, whether claimed by operation materialman for the performance of law any labor or express the furnishing of any materials for the use or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request benefit of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesOwner.

Appears in 1 contract

Samples: Lease Agreement (Navidec 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, and Tenant shall keep the Property and Premises free and clear of all mechanics’ liens and material men’s liens and other liens arising from work done or materials supplied to Tenant or persons claiming under Tenant (collectively, “Mechanics’ Liens”). Tenant shall have the right to contest any mechanic’s, materialman’s, or similar liens lien or other such encumbrancesencumbrance in good faith by appropriate judicial proceedings so long as: (i) the proceeding operates to stay an execution or foreclosure on the lien; and (ii) Tenant diligently pursues the contest to its conclusion. In any event, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Xxxxxx shall indemnify, defend, protect, and hold Landlord harmless from for, from, and against any claimsand all liability, liabilitiesloss, judgementsdamage, or costs (including costs, attorneys’ fees) , and all other expenses arising out from all Mechanics’ Liens. In addition, Tenant shall keep Tenant’s leasehold interest and the Improvements free and clear of the same all liens of attachment or in connection with any such lienjudgment liens (collectively, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon“Judgment Liens”). Tenant shall give Landlord written notice at least twenty cause any Mechanics’ Liens or Judgment Liens to be discharged (20by bonding or otherwise) days prior to the commencement of work on any Tenant’s Change in the Premises within fifteen (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3015) days after written notice demand by Landlord; and if Landlord or such other period required by law, whichever is longer. If Tenant shall fail fails to do so, then Landlord may pay or otherwise discharge the amount necessary to remove such lien and immediately recover all amounts expended (together with interest thereon at 10% per annum from the date of payment) from Tenant. If, at the end of the Term, a Mechanics’ Lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title Judgment Lien is attached to the Property Premises, Tenant shall cause such Mechanics’ Lien or Premises Judgment Lien to any liens be paid, discharged, bonded, or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisescleared from title.

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s's, laborer's, materialman’s, or similar liens 's or other such encumbrances, including lien to stand against the liens of Leased Premises for any security interest in, conditional sales of, labor or chattel mortgages upon, any materials, fixtures, material furnished to Tenant or articles so installed in and constituting part of the Premises, claimed to have been furnished to Tenant in connection with work of any Tenant’s Changes character performed or claimed to have been performed on or respecting about the Leased Premises not performed by or at the request direction or sufferance of Landlord and shall indemnifyTenant, defendwhether or not such work was performed or materials furnished with the consent of Landlord. Tenant, protecthowever, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out may contest the validity of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance 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 bond reason of nonpayment, and shall diligently prosecute the defense thereof. Upon a final determination of the validity of any such lien or otherwise within thirty (30) days after written notice by claim, Tenant shall immediately pay any judgment or decree rendered, with all proper costs and charges, and shall cause any such lien to be released of record without cost to Landlord; and . If Tenant, in Landlord's opinion, shall fail or cease to diligently prosecute such action or if Tenant shall fail to do sopay any judgment or decree rendered (including all interest, penalties, costs, charges, and Landlord's expenses, including court costs and reasonable attorneys' fees), Landlord may pay the entire amount necessary to remove of such lien claim or encumbrancelien, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandor such judgment or decree rendered and other amounts set forth above, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation out of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises such deposit and shall in all respects be subordinate return the remainder of such amount, if any, to Landlord’s title to the Property and PremisesTenant.

Appears in 1 contract

Samples: Lease Agreement (North Star Universal Inc)

Mechanic’s Liens. (a) Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from or any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesProject any mechanic's, in connection with any Tenant’s Changes on materialman's, contractor's or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) subcontractor's lien arising out of the same or in connection with any such lienwork of improvement, security interesthowever, conditional sale or chattel mortgage or any action or proceeding brought thereon. it may arise (b) Tenant shall give notify Landlord written notice at least twenty ten (2010) days prior to the commencement of work on construction of any Tenant’s Change 's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work. (c) In the event any lien is filed against the Premises (or such additional time as may be necessary under applicable Laws)any portion thereof or against Tenant's leasehold interest therein, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise obtain the release and/or discharge of said lien, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof In the event Tenant shall fail fails to do so, Landlord may pay obtain the amount necessary to remove such release and/or discharge of said lien or encumbranceand Tenant shall Indemnify Landlord for the costs thereof, without being responsible for investigating including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandof any such asserted claim, without limitation as to other remedies available provided Tenant has furnished to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting release bond freeing the Premises not performed by or at from the request effect of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslien claim.

Appears in 1 contract

Samples: Commercial Lease Agreement

Mechanic’s Liens. (a) Tenant shall pay, before delinquency, all costs for work done or caused to be done by Tenant in the Leased Premises which could result in any lien or encumbrance on all or any part of Landlord's interest in the Building; shall keep the Property title to the Building free and Premises free from clear of any mechanic’slien or encumbrance in respect to such work; and shall indemnify and hold harmless Landlord against any claim, materialman’sloss, or similar liens cause of action, cost, demand, damages, judgment and legal or other such encumbrancesexpense (including without limitation attorneys' fees), including the liens whether in respect of any security interest inlien or otherwise, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same supply of material, services or in connection with labor for such work. Tenant shall immediately notify Landlord of any such lien, security interestclaim of lien or other action of which it has or reasonably should have knowledge and which affects the title to the Building, conditional sale and shall cause the same to be removed or chattel mortgage bonded over as authorized by law within five (5) days (or any such additional time as Landlord may consent to in writing). If Tenant fails to do so, Landlord may take such action or proceeding brought thereon. as Landlord deems necessary to remove the same, and the entire cost of that action shall be immediately due and payable by Tenant to Landlord as Additional Rent. (b) Notwithstanding the foregoing, if Tenant shall give Landlord written notice at desire to contest any lien or claim of lien, it shall have the right to do so on the condition that Tenant shall furnish Landlord, within the time stated above for removal of such lien or claim of lien, security in an amount not less than that required by statute in a form reasonably acceptable to Landlord, plus estimated costs, and if final judgment establishing the validity or existence of a lien for any amount is established, Tenant shall immediately pay and satisfy the same. (c) At least twenty (20) 10 days prior to the commencement of any work by Tenant on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)Leased Premises, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove provide Landlord with written notice 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 statutes such as Cob. Rev. Stat. 38-22-105(2). During any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sowork, Landlord or its representatives shall have the right to enter and inspect the Leased Premises at reasonable times after notice as required by Section 12.1, and shall have the right to post and keep posted thereon notices such as those provided for by Cob. Rev. Stat. 38-22-105(2) and to take any further action which Landlord may pay deem to be proper for the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject protection of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Mechanic’s Liens. 6.3.1. Without limiting the generality of the foregoing provisions of this section, the Tenant shall keep the Property not create or permit to be created, and Premises free from any mechanic’s, materialman’s, if created shall discharge or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages uponhave released, any materials, fixtures, mechanics' or articles so installed materialmens' lien arising while this Lease is in effect and constituting part affecting any or all of the Premises, the Building and/or the Property, and the Tenant shall not permit any other matter or thing whereby the Landlord's estate, right and interest in connection with any Tenant’s Changes on or respecting all of the Premises not performed by or at Premises, the request of Landlord and Building and/or the Property might be impaired. The Tenant shall indemnify, defend, protect, indemnify and hold harmless the Landlord harmless against and from any and against any claimsall liability, liabilities, judgements, claim of liability or costs expense (including but not limited to that of reasonable attorneys' fees) arising out incurred by the Landlord on account of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise claim. 6.3.2. If the Tenant fails to discharge any such lien within thirty fifteen (3015) days after written notice it first becomes effective against any of the Premises, the Building and/or the Property, then, in addition to any other right or remedy held by Landlord; and if Tenant shall fail to do sothe Landlord on account thereof, the Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount necessary of any judgment in favor of the lienor with interest, costs and allowances. The Tenant shall reimburse the Landlord for any amount paid by the Landlord to remove discharge any such lien and all expenses incurred by the Landlord in connection therewith, together with interest thereon at the rate of twenty percent (20%) per annum from the respective dates of the Landlord's making such payments or encumbrance, without being responsible for investigating the validity thereof. The amount so paid incurring such expenses (all of which shall be deemed constitute Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this LeaseRent). 6.3.3. Nothing contained in this Lease shall authorize be deemed in any way (a) to constitute the Landlord's consent or request, express or implied, that any contractor, subcontractor, laborer or materialmen provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Premises, the Building and/or the Property, or (b) to give the Tenant any right, power or authority to do contact for or permit to be furnished any act which shall subject Landlord’s title service or materials, if doing so would give rise to the filing of any mechanics' or materialmens' lien against any or all of the Premises, the Building and/or the Property, or the Landlord's estate or interest therein, or (c) to evidence the Landlord's consent that the Premises, the Building and/or the Property or Premises be subjected to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch lien.

Appears in 1 contract

Samples: Retail Lease (Imtek Office Solutions Inc)

Mechanic’s Liens. Tenant shall keep In the event that any mechanic’s lien is filed against any Unit or other portion of the Property and Premises free from any mechanic’s, materialman’sas a result of services provided or materials furnished to, or similar liens Alterations or Repairs or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises for a Unit Owner (or such additional time Unit Owner’s Permitted Users) with respect to all or any portion of its Unit or Sub-Board with respect to its Section (each such Unit Owner, or Sub-Board, as may be necessary under applicable Lawsapplicable, for purposes of this Section 10.1, being referred to as the “Lien-Causing Unit Owner”), in order or alleged to afford Landlord have been provided or furnished to, or performed for, any such Lien-Causing Unit Owner, then such Lien-Causing Unit Owner shall promptly notify the opportunity Board of posting Managers and recording appropriate notices the Managing Agent of nonresponsibility. Tenant same, and shall remove any cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or encumbrance by posting a bond or otherwise other security as shall be required by Law to obtain such release and discharge, in each case within thirty (30) days after written receiving from a Unit Owner whose Unit has been adversely affected by such mechanic’s lien, or from the Board of Managers if any Common Elements have been adversely affected by such mechanic’s lien, a notice by Landlord; (a “Lien Notice”) identifying the lien and if Tenant requesting that the same be released or discharged, failing which the Board of Managers shall fail to do sohave the rights set forth in Article 13 hereof. For purposes of this Section 10.1, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid a Unit Owner shall be deemed Additional Rent under this Lease payable upon demandto be “adversely affected” by a mechanic’s lien (which is the responsibility of a Lien-Causing Unit Owner to remove, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlordaforesaid) if such Unit Owner’s title Unit is reasonably purportedly (whether or not actually) encumbered by or subjected to the Property mechanic’s lien. In all events, the Lien-Causing Unit Owner shall defend, protect, indemnify and hold harmless all other Unit Owners, any Sub-Board, and the Board of Managers from and against any and all Costs arising out of or Premises to any liens or encumbrances, whether claimed resulting from the applicable mechanic’s lien. Copies of all Lien Notices sent by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord Unit Owner shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title simultaneously sent to the Property and PremisesBoard of Managers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Coach Inc)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed as constituting 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 improvement, alteration or repair of the Premises or any part thereof nor as giving Tenant any right, power, authority or permit for the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the real property of which the Premises is a part, the Premises or any part thereof. Any work done for and materials supplied to Tenant by a contractor, subcontractor, laborer or materialman at Tenant's request shall be paid for by Tenant directly, and Landlord shall have no liability therefor. Tenant shall keep the Property Building and the Premises free from and clear of all liens for any mechanic’s, materialman’s, work or similar liens material claimed to have been furnished to Tenant or to the Premises on Tenant's behalf and all work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with or disturb other such encumbrances, including the liens of any security interest in, conditional sales of, tenants or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part occupants of the Premises, Building. Nothing contained in connection with the previous sentence shall require Tenant to do any Tenant’s Changes on or respecting work "after hours". Any mechanic's lien filed against the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, Building for work claimed to have been done or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior for materials claimed to have been furnished to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may shall be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. discharged by Tenant shall remove any such lien or encumbrance by bond or otherwise at its expense within thirty (30) days after written Landlord shall have given Tenant a notice of such filing, by Landlord; and if Tenant shall fail to do sopayment, Landlord may pay filing of the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed bond required by operation of law or express or implied contractotherwise. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, ormay, at Landlord’s 's option, discharge any such lien by bonding same if Tenant fails to do so after such notice and the expiration of the thirty (30) day period, and Landlord's expense in so doing (including reasonable attorneys' fees) shall attach only against be paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises, as additional rent, within ten (10) days after receipt of its next rent bill.

Appears in 1 contract

Samples: Lease Agreement (STV Group Inc)

Mechanic’s Liens. (a) Tenant shall pay, before delinquency, all costs for work done or caused to be done by Tenant in the Leased Premises which could result in any lien or encumbrance on all or any part of Landlord's interest in the Building; shall keep the Property title to the Building free and Premises free from clear of any mechanic’slien or encumbrance in respect to such work; and shall indemnify and hold harmless Landlord against any claim, materialman’sloss, or similar liens cause of action, cost, demand, damages, judgment and legal or other such encumbrancesexpense (including without limitation attorneys' fees), including the liens whether in respect of any security interest inlien or otherwise, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same supply of material, services or in connection with labor for such work. Tenant shall immediately notify Landlord of any such lien, security interestclaim of lien or other action of which it has or reasonably should have knowledge and which affects the title to the Building, conditional sale and shall cause the same to be removed or chattel mortgage bonded over as authorized by law within five (5) days (or any such additional time as Landlord may consent to in writing). If Tenant fails to do so, Landlord may take such action or proceeding brought thereon. as Landlord deems necessary to remove the same, and the entire cost of that action shall be immediately due and payable by Tenant to Landlord as Additional Rent. (b) Notwithstanding the foregoing, if Tenant shall give Landlord written notice at desire to contest any lien or claim of lien, it shall have the right to do so on the condition that Tenant shall furnish Landlord, within the time stated above for removal of such lien or claim of lien, security in an amount not less than that required by statute in a form reasonably acceptable to Landlord, plus estimated costs, and if final judgment establishing the validity or existence of a lien for any amount is established, Tenant shall immediately pay and satisfy the same. (c) At least twenty (20) 10 days prior to the commencement of any work by Tenant on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)Leased Premises, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove provide Landlord with written notice 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 statutes such as Colo. Rev. Stat. 38-22-105(2). During any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sowork, Landlord or its representatives shall have the right to enter and inspect the Leased Premises at reasonable times after notice as required by Section 12.1, and shall have the right to post and keep posted thereon notices such as those provided for by Colo. Rev. Stat. 38-22-105(2) and to take any further action which Landlord may pay deem to be proper for the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject protection of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sand all liens arising out of any work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any obligations incurred by Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and . Tenant shall indemnify, defend, protect, defend and hold Landlord harmless against any claim, demand, liability or expense on account of claims for work done or materials supplied for Tenant or persons claiming under it. In the event Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting or a proper bond, Landlord shall have, in addition to all other remedies provided herein and at law or in equity, the right, but no obligation, to cause same to he released by such means as it shall deem proper including, but not limited to, payment of the claim giving rise to such lien. All such sums paid by Landlord and all expense incurred by it in connection therewith shall be considered INITIAL: Landlord /si/ SS Tenant /si/ PBH -------- --------- additional rent and shall be payable to it by Tenant on demand with interest at the maximum rate permitted by law. Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and Completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated costs of any improvements, additions or alterations to the premises to insure Landlord and the Building from and against any claims, liabilities, judgementsliability for mechanic's or materialmen's liens and to insure completion of the work. Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or costs (including attorneys’ fees) arising out which Landlord shall deem proper, for the protection of Landlord, the same or in connection with Building and any such lienother party having an interest therein from mechanic's and materialmen's liens, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. and Tenant shall give to Landlord written notice at least twenty five (205) days business days' prior to the notice of commencement of any work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (FNB Bancorp/Ca/)

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Mechanic’s Liens. Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from any mechanic’s, materialman’sleased premises, or similar any part thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from or other such encumbrances, including any claim for damage growing out of the liens work of any security interest inconstruction, conditional sales ofrepair, restoration, replacement or improvement, or chattel mortgages uponany other claim or demand howsoever the same may arise, but Tenant shall pay or cause to be paid all of said liens, claims or demands before any materials, fixtures, or articles so installed in action is brought to enforce the same against said land; and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, Tenant agrees to indemnify and hold Landlord and said land free and harmless from all liability for any and against any claimsall such liens, liabilitiesclaims and demands, judgements, or together with reasonable attorneys' fees and all costs (including attorneys’ fees) arising out of the same or and expenses in connection with therewith. Notwithstanding anything to the contrary hereinabove contained in this ARTICLE XI, if Tenant shall in good faith contest the validity of any such lien, security interestclaim or demand, conditional sale or chattel mortgage or then Tenant shall, at its expense, defend itself and Landlord against the same and shall pay and satisfy any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as adverse judgment that may be necessary under applicable Laws)rendered thereon before the enforcement thereof against Landlord or the leased premises, upon the condition that if Landlord shall require, Landlord shall furnish to Landlord a surety bond satisfactory to Landlord in order an amount equal to afford such contested lien, claim or demand indemnifying Landlord against liability for the opportunity same, and holding the leased premises free from the effect of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond claim or otherwise within thirty (30) days after written notice by Landlord; and if Landlord shall request, Tenant shall fail to do soprocure and record the bond provided for in Section 1193-2 of the California Code of Civil Procedure, Landlord may pay or any comparable statute hereafter enacted providing for a bond freeing the amount necessary to remove leased premises from the effect of such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property claim or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesaction thereon.

Appears in 1 contract

Samples: Ground Lease (Hines Horticulture Inc)

Mechanic’s Liens. From and after the Commencement Date (or such earlier date that Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of enters the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice Notice of Tenant's intention to perform any work on the Premises which might result in any claim of lien at least twenty (20) days prior to the commencement of such work on to enable Landlord to post and record a notice of nonresponsibility or other notice Landlord deems proper prior to the commencement of any such work. Tenant shall not permit any mechanic's, materialmen's or other liens to be filed against the Property or the Building or any portion thereof or against Tenant’s Change 's leasehold interest in the Premises. If Tenant fails to cause the release of record of any lien(s) filed against the Property or the Building or any portion thereof or its leasehold estate in the Premises by payment or posting of a proper bond within ten (or such additional time as may be necessary under applicable Laws10) days from the date of the lien filing(s), in order then Landlord may, at Tenant's expense, cause such lien(s) to afford be released by any means Landlord deems proper, including, but not limited to, payment of or defense against the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Landlord in connection with any Work the release of the lien(s), including, but not limited to, all costs, expenses and actual attorneys' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on or respecting the Premises not performed demand by or Landlord, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against such demand until paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant shall not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null and void, or, at Landlord’s option, subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Liquidmetal Technologies)

Mechanic’s Liens. Tenant Lessee shall keep the Property Leased Premises, including all Lessee’s Work and Premises improvements located thereon, free from and clear of any and all mechanic’s, materialman’s, materialmen’s and other liens for or similar liens arising out of or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on work or respecting the Premises not performed by or at the request of Landlord and shall indemnifylabor done, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsservices performed, or costs (including attorneys’ fees) arising out of the same materials or appliances used or furnished for or in connection with any operations of Lessee, any alteration, improvement, or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the Leased Premises, or any obligations of any kind incurred by Lessee. Except as otherwise expressly provided for herein, Lessee shall promptly and fully pay and discharge or bond over any and all claims against Lessee on which any such lien is or could be based and indemnify and hold harmless the Commission and the Leased Premises and all buildings and improvements located thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. If Lessee desires to contest any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give Landlord written notice at least twenty (20) days prior notify the Commission of its intention to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise do so within thirty (30) days after written Lessee’s receipt of notice by Landlord; and if Tenant shall fail to do so, Landlord may pay of the amount necessary to remove filing of such lien or encumbranceand shall commence to contest such lien within the same time period, without being responsible for investigating and diligently pursue such contest thereafter. In such case, and provided that enforcement of such lien against the validity thereof. The amount so paid Leased Premises is stayed pending the conclusion of such contest, Lessee shall not be deemed Additional Rent in default under this Lease payable upon demanduntil thirty (30) days after the final determination of the validity thereof by the court or other tribunal having proper jurisdiction of the same, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease within which time Lessee shall authorize Tenant to do any act which shall subject Landlord’s title satisfy and discharge such lien to the Property extent held valid, but the satisfaction, discharge or bonding of any such lien shall not, in any case, be delayed if enforcement of the lien is not stayed pending the conclusion of such contest. Lessee shall give the Commission written notice no less than ten (10) days in advance of the commencement of any substantial construction, alteration, addition or improvement to the Leased Premises to any liens or encumbrances, whether claimed by operation in order that the Commission may post appropriate notices of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Commission’s non-responsibility in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisestherewith.

Appears in 1 contract

Samples: Lease Agreement (Aventine Renewable Energy Holdings Inc)

Mechanic’s Liens. (a) The Tenant shall keep not do or permit anything to be done whereby the Property and Premises free from any mechanic’s, materialman’sProject, or similar liens any part thereof, may be encumbered by any mechanics' or other such encumbrancessimilar lien and if, including whenever and so often as any mechanics' or other similar lien is filed against the liens of any security interest in, conditional sales ofProject, or chattel mortgages uponany part thereof, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of discharge the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by Landlord; the date of filing. Notice is hereby given that the Issuer does not authorize or consent to and shall not be liable for any labor or materials furnished to the Tenant or anyone claiming by, through or under the Tenant upon credit, and that no mechanics' or similar lien for any such labor, services or materials shall attach to or affect the reversionary or other estate of the Issuer in and to the Project, or any part thereof. (b) Notwithstanding subsection (a) above, the Tenant shall have the right to contest any such mechanics' or other similar lien if within said 30 day period stated above the Tenant (i) notifies the Issuer in writing of its intention so to do, and if Tenant shall fail requested by the Issuer, deposits with the Trustee a surety bond issued by a surety company acceptable to do sothe Issuer as surety, Landlord may pay in favor of the Issuer or cash, in the amount necessary to remove of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, (ii) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iii) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or encumbrance, without being responsible for investigating the validity satisfaction thereof. The amount so paid Tenant shall be deemed Additional Rent under this Lease payable upon demandindemnify and hold harmless the Issuer from any loss, without limitation as to other remedies available to Landlord under this Lease. Nothing contained costs or expenses the Issuer may incur in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises relation to any liens or encumbrances, whether claimed by operation of law or express or implied contractsuch contest. Any claim to a lien or encumbrance upon The Issuer shall cooperate fully with the Property or Premises arising Tenant in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch contest.

Appears in 1 contract

Samples: Lease (Capital Lease Funding Inc)

Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written Xxxxxx’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such. as an undertaking with Xxxxxxxx’s title company to insure that, upon final determination of the validity of such lien or claim, Xxxxxx shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for, all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnity and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Mechanic’s Liens. Tenant It is expressly acknowledged and understood that Lessor does not consent to, and has not by the execution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, excepting such subordinate mortgage lien or liens as are expressly approved in writing by Lessor. Said approval shall keep be contingent upon the Property amendment of this Lease to add provisions regarding conditions of the imposition of any liens and Premises free from obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrancesliens to be filed against the fee of the Premises or any portion thereof, including nor against Lessee's leasehold interest in the liens property nor any of the Improvements on the Premises by reason of any security interest inwork, conditional sales oflabor, services or chattel mortgages upon, materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any materials, fixtures, part thereof through or articles so installed in and constituting part under Lessee. In the case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestLessee shall immediately thereupon discharge the same by payment, conditional sale bonding or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days otherwise, but in all events prior to the commencement foreclosure thereof. If default in payment thereof shall continue beyond the expiration of work on any Tenant’s Change in the Premises ten (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Lessee's receipt of a notice by Landlord; and if Tenant thereof, Lessor shall fail have the right but not the obligation, at Lessor's option, to do so, Landlord may pay the amount necessary to remove discharge such lien at Lessee's sole cost and expense, and in such event, Lessee shall reimburse Lessor for such costs within ten (10) days of receipt of a statement of said costs from Lessor. In addition to the foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all notices and/or correspondence directed to Lessee by any person or encumbranceentity alleging the right to, without being responsible or notifying Lessee of the filing of any mechanic's, materialman's or other lien against the fee of the Premises. Lessee further covenants and agrees to protect, indemnify, defend and hold harmless Lessor from and against all bills and claims, liens and rights to liens for investigating labor and materials and architect's, engineer's, contractor's and subcontractor's claims, and all fees, claims and expenses incident to the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandconstruction and completion of any improvements, including without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act reasonable attorneys' fees which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed may be incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Lessor in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisestherewith.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. SECTION 23.1. Tenant shall keep the Property and Premises free from not permit any mechanic’s, laborer’s or materialman’s, or similar liens or other such encumbrances, including the liens of ’s lien to be filed at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting time against the Premises not or any part thereof by reason of work performed by or at on behalf of Tenant or any agent or contractor or anyone holding the request Premises through or under Tenant. If any such lien shall be filed, Tenant, upon notice thereof, shall, within fifteen (15) days of the date of receipt of notice of such filing, notify Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receipt of notice of such filing cause the same to be discharged of record by Landlord; payment, deposit, bond, order of a court of competent jurisdiction or otherwise, and if Tenant shall give Landlord prompt notice of such discharge. If Tenant shall fail to do socause such lien to be so discharged, then in addition to any other right or remedy which Landlord may have, Landlord may may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Xxxxxxxx and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the lesser of the Prime Rate plus two hundred (200) basis points, or (ii) the maximum rate permitted by law, from the date of Landlord’s making of the payment or incurring of the cost or expense, shall be deemed Additional Rent under this Lease payable promptly paid to Landlord by Tenant upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease

Mechanic’s Liens. Section 12.01. Tenant shall keep not suffer or permit any mechanics' liens to be filed against the Property and Building and/or Premises free from any mechanic’sby reason of work, materialman’slabor, services, or similar liens materials supplied or other claimed to have been supplied to Tenant or anyone holding any interest in the Premises or any part thereof through or under Tenant. If any such encumbrances, including the liens of mechanics' lien shall at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifyTenant shall, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice to it of the filing, cause the same to be discharged of record by Landlord; and if payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to do socause such lien to be discharged of record within the period aforesaid, then Landlord may discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandcosts, without limitation as to other remedies available to Landlord under this Leaseand allowance. Nothing contained in this Lease shall authorize Tenant to do be deemed or construed in any act which shall subject way as constituting the consent or request of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to a lien any contractor, subcontractor, laborer, or encumbrance upon materialman for the Property performance of any labor or Premises arising in connection with the furnishing of any Work on materials for any specific improvement, alteration to, or respecting repair of the Premises not performed by or at any part thereof, nor as giving Tenant a right, power, or authority to contract for or permit the request rendering of Landlord shall be null and void, or, at any services or the furnishing of any materials that would give rise to the filing of any mechanics' lien against Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (Comtech Telecommunications Corp /De/)

Mechanic’s Liens. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall keep the Property and Premises free from any mechanic’sliens and shall pay when due all bills arising out of any work performed, materialman’smaterials furnished, or similar liens obligations incurred by Tenant or other such encumbrancesTenant's Parties relating to the Premises. If any claim of lien is recorded with respect to work performed by or on behalf of Tenant or Tenant's Parties, Tenant shall bond against or discharge the same within ten (10) business days after the same has been recorded against the Premises or Landlord shall have the right, at Landlord's option, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the liens Interest Rate, shall be Additional Rent immediately due and payable upon rendition of a xxxx therefor. Should any security interest in, conditional sales of, lien be filed against the Premises or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of action be commenced affecting title to the Premises, in connection with any Tenant’s Changes on the party receiving notice of such lien or respecting action shall immediately give the Premises not performed by or at the request of Landlord and other party written notice thereof. Tenant shall indemnify, defenddefend (by counsel satisfactory to Landlord), protect, protect and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord this Lease arising from the opportunity act or agreement of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove agrees to give Landlord immediate written notice of the placing of any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay against the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tibco Software Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from Section 8.1 The TENANT covenants not to suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrances, including to be filed against the liens of any security fee interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLANDLORD nor against TENANT'S leasehold interest in the Demised Premises by reason of work, in connection with labor, services or materials supplied or claimed to have been supplied to the TENANT or any Tenant’s Changes on contractor, subcontractor or respecting the Premises not performed by any other party or person acting at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsthe TENANT, or costs (including attorneys’ fees) arising out anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the event any mechanic's lien shall be filed against the fee interest of the same LANDLORD or in connection with any such lienagainst the TENANT'S leasehold interest the TENANT shall, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receiving notice of the filing thereof, cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond or order of a court competent jurisdiction or to commence legal proceedings to remove such lien. If TENANT shall fail to do socause such lien to be discharged or bonded within the period aforesaid, Landlord may then in addition to any other right or remedy, LANDLORD may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, by procuring the discharge of such lien by deposit by bonding proceedings, any such event, LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible costs and allowances, except as otherwise provided for investigating the validity thereofin any security agreement. The Any amount so paid by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the fee owner in connection therewith, including but not limited to premiums on any bonds filed and attorneys' fees, shall constitute Additional Rental payable by TENANT under this lease and shall be deemed Additional Rent under this Lease payable upon demand, without limitation as paid by TENANT to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation LANDLORD within ten days of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdemand therefor.

Appears in 1 contract

Samples: Lease Agreement (Delta Financial Corp)

Mechanic’s Liens. (a) Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from or any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesProperty any mechanic's, in connection with any Tenant’s Changes on materialman's, contractor's or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) subcontractor's lien arising out of the same or in connection with any such lienwork of improvement, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. however it may arise. (b) Tenant shall give notify Landlord written notice at least twenty ten (2010) days prior to the commencement of work on construction of any Tenant’s Change 's Work and Landlord shall have the right to post and record a notice of nonresponsibility in the Premises conformity with applicable law. Within ten (or such additional time as may be necessary under applicable Laws)10) days following completion of Tenant's Work, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove file a Notice of Completion and deliver to Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work. (c) In the event any such lien is filed against the Property or encumbrance by bond any portion thereof or otherwise against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof. In the event Tenant shall fail fails to do so, Landlord may pay obtain the amount necessary to remove such release and/or discharge of said lien or encumbranceand Tenant shall indemnify Landlord for the costs thereof, without being responsible for investigating including reasonable attorney's fees, together with interest at the Applicable Interest Rate from the date of demand. Nothing herein shall prohibit Tenant from contesting the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandof any such asserted claim, without limitation as to other remedies available provided Tenant has furnished to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting release bond freeing the Premises not performed by or at from the request effect of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslien claim.

Appears in 1 contract

Samples: Lease (Build a Bear Workshop Inc)

Mechanic’s Liens. Tenant The TENANT shall keep not create any lien or other encumbrance upon any interest of the Property and Premises free from LANDLORD or any ground or underlying lessor in any portion of the demised premises. If, because of any act or omission (or alleged act or omission) of the TENANT, any mechanic’s, materialman’s, or similar liens 's or other such encumbranceslien, including charge or order for the liens payment of money or other encumbrance shall be filed against the LANDLORD, and/or any security interest inground or underlying lessor, conditional sales ofand/or any mortgagee, or chattel mortgages upon, and/or any materials, fixtures, or articles so installed in and constituting part portion of the Premisesdemised premises (whether or not such lien, in connection with any Tenant’s Changes on charge, order or respecting encumbrance is valid or enforceable as such), the Premises not performed by TENANT shall, at its own cost and expense, cause the same to be discharged of record or at bonded within ten (10) days after notice to the request TENANT of Landlord the filing thereof; and the TENANT shall indemnifyindemnify and save harmless the LANDLORD, defend, protectall ground and underlying lessor(s), and hold Landlord harmless all mortgagees against and from and against any claimsall costs, liabilities, judgementssuits, penalties, claims and demands, including reasonable counsel fees and appellate counsel fees resulting therefrom. In the event the TENANT fails to comply with the foregoing provisions of this paragraph, the LANDLORD shall have the option of discharging or costs (including attorneys’ fees) arising out of the same or in connection with bonding any such lien, security interestcharge, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond payment or otherwise within thirty otherwise, and the TENANT agrees to reimburse the LANDLORD for all costs, expenses and other sums of money in connection therewith (30as Additional Rent) days after written notice by Landlord; and if Tenant shall fail with interest at the rate of eighteen percent (18%) per annum promptly upon demand. Pursuant to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid Florida law representation of this clause shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest stated in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesmemorandum of lease.

Appears in 1 contract

Samples: Lease Agreement (Imx Pharmaceuticals Inc)

Mechanic’s Liens. 11.1 Tenant shall pay, when due, all costs for construction done by it or caused to be done by it on the Premises. Tenant shall keep the Property and Premises free from any and clear of all mechanic’s's liens and other liens by reason of work, materialman’slabor, services or materials supplied or claimed to have been supplied to or for Tenant, or similar liens anyone holding the Premises or other such encumbrances, including the liens of any security interest in, conditional sales of, part thereof through or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premisesunder Tenant. 11.2 If Tenant shall, in connection with any Tenant’s Changes on or respecting good faith, contest the Premises not performed by or at the request validity of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestthen Tenant shall, conditional sale at its sole cost and expense, indemnify, defend and hold harmless Landlord, its agents, employees, partners (including, in the case of a corporate partner, such corporation's shareholders, officers and directors) and Lenders, and the Facility against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against such parties or chattel mortgage or any action or proceeding brought thereonthe Facility. Tenant shall give furnish to Landlord written notice at least a surety bond satisfactory to Landlord in an amount equal to one and one-half times the amount of the contested lien, indemnifying Landlord against liability for the same, as required by law for the holding of the Facility free from the effect of such lien or claim, or such other reasonable security as may be required by Landlord or its Lender. In addition, Landlord may require Tenant to pay Landlord's actual and reasonable attorneys' fees and costs in participating in such action if Landlord shall reasonably decide it is in its best interest to do so. 11.3 If Tenant shall fail to discharge any such lien within twenty (20) days prior of its being filed or fails to the commencement of work on any Tenant’s Change in the Premises (or such additional time furnish reasonable security therefor as may be necessary under applicable Laws)required by Landlord or Landlord's Lender, then, in order addition to afford any other right or remedy of Landlord resulting from Tenant's said default, Landlord may, but shall not be obligated to, discharge the opportunity same either by paying the amount claimed to be due or by procuring the discharge of posting and recording appropriate notices such lien by giving security or in such other manner as is or may be prescribed by law or practice of nonresponsibilitythe state in which the Facility is located. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by repay to Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbranceas additional rent, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon on demand, without limitation as all sums disbursed or deposited by Landlord pursuant to other remedies available to Landlord under the foregoing provisions of this Leasesection plus interest thereon at the then maximum rate of interest permitted by law, or if no maximum rate then applies, at the rate of 18% per annum. Nothing contained in this Lease herein shall authorize Tenant imply any consent or agreement on the part of Landlord to do any act which shall subject Landlord’s title 's estate to the Property liability under any mechanic's or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a other lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.

Appears in 1 contract

Samples: Lease (Sycamore Park Convalescent Hospital)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Landlord and shall indemnifyTenant, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written notice by of filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with Landlord; and if ’s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including reasonable attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Cognition Therapeutics Inc)

Mechanic’s Liens. Tenant Sublessee shall keep the Property and Premises free from give Sublessor Notice of Sublessee's intention to perform any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes work on or respecting the Premises not performed by or at the request which might result in any claim of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice lien at least twenty (20) days prior to the commencement of such work on to enable Sublessor to post and record a notice of non-responsibility or other notice Sublessor deems proper prior to the commencement of any Tenant’s Change such work (or lesser period of time if Sublessee causes any such notices to be posted and recorded). Sublessee shall not permit any mechanic's, materialmen's or other liens to be filed against the property of which the Premises are a part or against Sublessee's leasehold interest in the Premises. If Sublessee fails to cause the release of record of any lien(s) filed against the Premises or its leasehold estate therein by payment or posting of a proper bond (or such additional time other protection of Sublessor's and Lessor's interest as they may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise reasonably require) within thirty (30) days after written notice from the date of receipt of Notice of the lien filing(s), then Sublessor may, at Sublessee's expense, cause such lien(s) to be released by Landlord; and if Tenant shall fail to do soany means Sublessor reasonably deems proper, Landlord may pay including, but not limited to, payment of or defense against the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Sublessor in connection with any Work on the release of the lien(s), including but not limited to, all costs, expenses and reasonable attorneys' fees, shall be due and payable by Sublessee to Sublessor, as an item of Additional Rent, or respecting the Premises not performed deemed by or Sublessor, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch demand until paid by Sublessee.

Appears in 1 contract

Samples: Sublease (Inflow Inc)

Mechanic’s Liens. Tenant shall keep agrees immediately to discharge (either by payment or by the Property and Premises free from any mechanic’s, materialman’sfiling of the necessary bond, or similar liens otherwise) any mechanics’, materialmen’s or other such encumbranceslien or encumbrance against the Premises and/or Landlord’s interest therein, including the which liens may arise out of any security interest payment due, or purported to be due, for any labor, services, materials, supplies or equipment alleged to have been furnished to or for Tenant in, conditional sales of, upon or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of about the Premises, excluding any for Landlord’s Work as defined in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonthis Lease. If Tenant shall give Landlord written notice at least twenty (20) days prior fail to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any so discharge such lien or encumbrance by bond or otherwise within thirty (30) days after written of notice of filing then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge same (either by payment or by filing of the necessary bond or otherwise) and any amount paid by Landlord for any of the aforesaid purposes, and all actual and legal and other expenses of Landlord; , including actual counsel fees, in or about procuring the discharge of such lien, together with all necessary disbursements in connection therewith, and together with interest thereon at the rate set forth in Section 12.3 from the date of payment, shall be repaid by Tenant to Landlord, within ten (10) days of rendition of any bill or statement to Tenant therefore and if Tenant shall fail to do so, Landlord unpaid may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation treated as to other remedies available to Landlord under this Leaseadditional rent. Nothing contained in this Lease shall authorize prevent Tenant to do from granting a security interest or chattel mortgage in any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest property, and nothing herein shall prevent Tenant from contesting any such lien in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesgood faith.

Appears in 1 contract

Samples: Office Lease Agreement (Mannkind Corp)

Mechanic’s Liens. Tenant It is expressly acknowledged and understood that Lessor does not consent to, and has not by the execution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, excepting such subordinate mortgage lien or liens as are expressly approved in writing by Lessor. Said approval shall keep be contingent upon the Property amendment of this Lease to add provisions regarding conditions of the imposition of any liens and Premises free from obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrancesliens to be filed against the fee of the Premises or any portion thereof, including nor against Lessee’s leasehold interest in the liens property nor any of the Improvements on the Premises by reason of any security interest inwork, conditional sales oflabor, services or chattel mortgages upon, materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any materials, fixtures, part thereof through or articles so installed in and constituting part under Lessee. In the case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestLessee shall immediately thereupon discharge the same by payment, conditional sale bonding or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days otherwise, but in all events prior to the commencement foreclosure thereof. If default in payment thereof shall continue beyond the expiration of work on any Tenant’s Change in the Premises ten (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Lessor’s notice by Landlord; and if Tenant thereof, Lessor shall fail to do so, Landlord may pay have the amount necessary to remove such lien or encumbrance, without being responsible for investigating right but not the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, orobligation, at LandlordLessor’s option, to discharge such lien at Lessee’s sole cost and expense, and in such event, Lessee shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title reimburse Lessor for such costs within ten (10) days after notice of a statement of said costs from Lessor. In addition to the Property foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all notices and/or correspondence directed to Lessee by any person or entity alleging the right to, or notifying Lessee of the filing of any mechanic's, materialman’s or other lien against the fee of the Premises. LESSEE FURTHER COVENANTS AND AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR FROM AND AGAINST ALL BILLS AND CLAIMS, LIENS AND RIGHTS TO LIENS FOR LABOR AND MATERIALS AND ARCHITECT'S, ENGINEER’S, CONTRACTOR’S AND SUBCONTRACTOR’S CLAIMS, AND ALL FEES, CLAIMS AND EXPENSES INCIDENT TO THE CONSTRUCTION AND COMPLETION OF ANY IMPROVEMENTS, INCLUDING WITHOUT LIMITATION ANY REASONABLE ATTORNEYS’ FEES WHICH MAY BE INCURRED BY LESSOR IN CONNECTION THEREWITH.

Appears in 1 contract

Samples: Telecommunications Lease Agreement

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including the liens those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at on behalf of Tenant on the request of Landlord Premises and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or under the terms of this Lease arising from such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitywork. Tenant shall remove agrees to give Landlord prompt written notice of the placing of any such lien or encumbrance by bond against the Premises. If any mechanics' or otherwise within materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after written notice by Landlordsuch lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; and if provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant's indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or its agents or contractors, Tenant shall fail to do so, Landlord may pay the amount necessary not be obligated to remove such lien or encumbrance, without (it being responsible for investigating agreed that the validity thereof. The amount so paid removal of such lien shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's obligation).

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Mechanic’s Liens. Tenant shall keep not suffer or give cause for the Property and Premises free from filing of any mechanic’s, materialman’s, or similar liens ’s lien or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond against the Leased Premises. In the event any mechanic’s lien or otherwise other lien or encumbrance is filed against the Leased Premises or any part thereof for work claimed to have been done for, or material claimed to have been furnished to, the Tenant, Tenant shall cause such mechanic’s lien or other lien or encumbrance to be discharged of record within thirty (30) days after written notice filing by Landlord; and if Tenant bonding or as provided or required by law or in any other lawful manner or shall fail provide evidence that the lien or encumbrance is being contested by proceedings adequate to do so, Landlord may pay prevent foreclosure of the amount necessary to remove such lien or encumbrance, without being responsible for investigating together with satisfactory indemnity (in an amount not less than one hundred fifty percent (150%) of the validity claimed lien or encumbrance) to Landlord within thirty (30) days after the filing thereof. The amount so paid Tenant shall be deemed Additional Rent under this Lease payable upon demandindemnify, without limitation defend and hold harmless Landlord from all claims, judgments, liabilities, losses, costs, and expenses incurred by Landlord as a result of, or in connection with, any such mechanic’s lien or other lien or encumbrance. All liens suffered or caused by Tenant shall attach to other remedies available to Landlord under this LeaseTenant’s interest only. Nothing contained in this Lease shall authorize be deemed or construed to constitute consent to, or request of, any party for the performance of any work for, or the furnishing of any materials to, Tenant, nor as giving Tenant the right or authority to do contract for, authorize, or permit the performance of any act which shall subject Landlordwork or the furnishing of any materials that would permit the attaching of a mechanic’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property other lien or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesencumbrance.

Appears in 1 contract

Samples: Lease (Aqua Power Systems Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority; express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including the liens those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at on behalf of Tenant on the request of Landlord Premises and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or under the terms of this Lease arising from such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitywork. Tenant shall remove agrees to give Landlord prompt written notice of the placing of any such lien or encumbrance by bond against the Premises. If any mechanics' or otherwise within materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of Such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after written notice by Landlordsuch lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; and if provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant's indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or its agents or contractors, Tenant shall fail to do so, Landlord may pay the amount necessary not be obligated to remove such lien or encumbrance, without (it being responsible for investigating agreed that the validity thereof. The amount so paid removal of such lien shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's obligation).

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Mechanic’s Liens. Tenant shall keep promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including so as to minimize the liens possibility of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting a lien attaching to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonProperty. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), take all steps permitted by law in order to afford Landlord avoid the opportunity imposition of posting and recording appropriate notices of nonresponsibilityany mechanic's, laborer's or materialman's lien upon the Premises or the Property. Tenant shall remove Should any such lien or encumbrance notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise within thirty (30) days after written the filing thereof or after Tenant's receipt of notice by Landlord; and if thereof, whichever is earlier, regardless of the validity of such lien or claim. If Tenant shall fail to do socause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without being responsible for investigating limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of twelve percent (12%) per annum from the validity thereof. The amount so paid respective dates of Landlord's making such payment or incurring such cost or expense, which shall be deemed constitute Additional Rent under this Lease payable hereunder promptly upon demand, without limitation as to other remedies available to Landlord under this Leasedemand therefor. Nothing contained in this Lease shall is intended to authorize Tenant to do or cause any act 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 for the performance of any work or services or the furnishing of any materials for which shall subject Landlord’s title to any lien could be filed against the Premises or the Building or the Property or Premises any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any liens work or encumbrancesservices or the furnishing of any materials for which any lien could be filed against the Premises, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Building, the Property or Premises arising in connection with any Work on part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or respecting charge levied or imposed upon the Premises not performed by or at the request Property or any interest therein or income therefrom on account of Landlord shall be null and voidany mechanic's, orlaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, at Landlord’s optionmechanic, shall attach only against Tenant’s interest in the Premises supplier, materialman or laborer and shall in all respects be subordinate include without limitation any mechanic's notice of intention given to Landlord’s title Landlord or Tenant, any stop order given to the Property Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and Premisesany injunctive or equitable action brought by any person entitled to any mechanic's lien.

Appears in 1 contract

Samples: Office Space Lease (Bio Imaging Technologies Inc)

Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written Xxxxxx’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with Xxxxxxxx’s title company to insure that, upon final determination of the validity of such lien or claim, Xxxxxx shall immediately pay any judgment rendered against Xxxxxx). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Mechanic’s Liens. Tenant shall keep agrees to promptly pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant or anyone holding the Property and Premises free from or any part thereof, through, or under Tenant in, at or about the Premises, or furnished to Tenant's agents, employees, contractors or subcontractors, which may be secured by any mechanic’s's, materialman’s, or similar liens material supplier's or other such encumbrances, including the liens type of lien against any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on Complex or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs Landlord's interest therein (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereona "LIEN"). Tenant shall give notify Landlord written of the filing of any Lien within three days after receiving notice at least twenty (20) of such filing. If Tenant fails, within 20 days prior after the date of the filing of the Lien, to discharge such Lien or pursuant to Minn. Stat. Section 514.10 deposit into court a sum determined by the court, Landlord may, but shall not be required or expected to, remove such Lien in such manner as Landlord may, in its sole discretion, determine, and the full cost thereof, together with all Landlord's fees and costs, including attorney fees, shall be due and payable by Tenant to Landlord immediately upon Tenant's receipt of Landlord's notice therefor. Tenant acknowledges that Landlord may post notice on the Premises of non-responsibility for such Liens and, in such event, Tenant shall so advise all contractors, materialmen, suppliers and other persons performing work or providing services and/or supplies to the commencement Premises on behalf of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Adesso Healthcare Technology Services Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Accuimage Diagnostics Corp)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefore, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx, shall constitute default under Item 21 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Metastorm Inc)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx, shall constitute default under Item 19 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Mechanic’s Liens. Landlord and Tenant shall keep hereby expressly agree and acknowledge that, pursuant to the Property terms of this Lease and Premises free from any mechanic’sapplicable. Law of the State of Florida, materialman’s, or similar liens or other such encumbrances, including the liens no interest of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed Landlord in and constituting part of the Premises, the Building or the Property shall be subject to any lien for improvements made by Tenant in connection with or for the Premises, and Tenant shall not permit any Tenant’s Changes mechanic's lien or liens to be placed upon the Premises or any portion of the Building or the Property. Landlord has recorded in the public records of Palm Beach County, Florida, a public notice containing a true and correct copy of this Paragraph 19, and Tenant agrees to inform all contractors and materialmen performing work on or respecting supplying material to the Premises not performed by of the existence of such notice. Nothing in this Lease shall be deemed or at construed in any way as constituting the consent or request of Landlord and shall indemnifyLandlord, defendexpress or implied, protectby inference or otherwise, and hold Landlord harmless from and against to any claims, liabilities, judgementsperson for performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would or might give rise to any mechanic's or other liens against the Premises or any portion of the same Building or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonthe Property. Tenant shall give Landlord written notice at least twenty (20) days prior to In the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove event any such lien is claimed against the Premises or encumbrance by bond any portion of the Building or otherwise the Property, then Tenant shall discharge same or transfer such lien to other security within thirty (30) days after written of notice by thereof. In the event that Tenant fails to discharge or otherwise remove any such liens, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating any of the validity thereof. The amount so paid aforesaid purposes shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available reimbursed by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's demand therefore as additional rent.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Mechanic’s Liens. The interest of Landlord in the Shopping Center and the Premises shall not be subject to liens for improvements made by Tenant. Notwithstanding anything to the contrary contained in the statutes of the State of California or in this Lease, Tenant shall keep not be deemed to be a partner, joint venturer or agent of Landlord; and in no event shall any lien resulting from Tenant's improvements to the Property and Premises free from encumber Landlord's underlying fee simple estate. Tenant agrees that it shall not enter into any mechanic’scontract for improvements to the Premises unless the following language is included in such contract: "Notwithstanding anything herein contained to the contrary, materialman’sthe contractor acknowledges that CHICAGO PIZZA & BREWERY, or similar liens or other such encumbrancesINC. holds only a leasehold interest in the property which is the subject of this contract. CHICAGO PIZZA & BREWERY, including INC. is not the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part agent of the Premises, in connection with any Tenant’s Changes on or respecting owner of the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectproperty, and hold no lien resulting from work performed under this contract shall attach to the interest of such owner." Tenant shall not permit any work to be commenced until such time as Tenant has provided Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out with a fully executed copy of the same or in connection with any such lienconstruction contract evidencing incorporation of the aforesaid language. In addition, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of the work, Tenant shall post the following notice in a conspicuous place on the Premises, and shall assure that such notice is maintained throughout the entire course of construction: "NOTICE TO CONTRACTORS, SUBCONTRACTORS, MATERIALMEN AND LABORERS Notice is hereby given that work on X.X.'S CHICAGO PIZZA, GRILL & BREWERY, located at 00000 Xxxxx Xxxxxxxxx, Xxxx xx Xxxxxxxxxx Xxxxx, Xxxxx of California, is being performed for CHICAGO PIZZA & BREWERY, INC.. CHICAGO PIZZA & BREWERY, INC. is not the agent of the owner of this property, and any lien rights shall be limited to the Leasehold estate of CHICAGO PIZZA & BREWERY, INC. and shall in no event attach to the interest of the owner." If, for whatever reason, any mechanic's or other lien shall be filed against the Premises, or the Shopping Center, purporting to be for labor or material furnished or to be furnished at the request of Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. then Tenant shall remove any shall, at its expense, cause such lien or encumbrance to be discharged of record by payment, bond or otherwise as allowed by law, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof. If Tenant shall fail to do so, Landlord may pay the amount necessary to remove cause such lien to be discharged of record within such ten (10) day period, Landlord, in addition to any other rights and remedies, may, but shall not be obligated to, cause such lien to be discharged by payment, bond or encumbranceotherwise, without being responsible for investigating investigation as to the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable thereof or as to any offsets or defenses thereto, and Tenant shall, upon demand, without limitation as to other remedies available to promptly within ten (10) days, reimburse Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrancesfor all amounts paid and costs incurred, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or including attorneys' fees and interest thereon at the request maximum legal rate from the respective dates of Landlord's payments therefor, in having such lien discharged of record, and, further, Tenant also shall otherwise indemnify, protect, defend and save Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesharmless from any claim or damage resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (Chicago Pizza & Brewery Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s, materialman’s, or similar liens mechanics' lien or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to be placed upon the Premises, in connection with the Building or improvements thereon or the Land during the Lease Term, caused by or resulting from any Tenant’s Changes on work performed, materials furnished or respecting the Premises not performed obligation incurred by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out Tenant. In the case of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement filing of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise notice of intent with respect thereto Tenant will promptly, and in any event within thirty (30) days after written the filing thereof, satisfy or release such lien by means of payment thereof, bonding Landlord against any loss occasioned thereby (in which case Tenant shall have the right in due diligence to contest and dispute such lien so long as such bond remains in place), or take such other action as may be otherwise acceptable to Landlord. Tenant hereby agrees to indemnify and save Landlord harmless from any legal expenses which Landlord may reasonably incur as a result of the filing of the lien or notice by Landlord; and if of intent and/or from any loss or liability incurred as a result of any lien filed against the Premises, the Building or improvements thereon, the Land and/or Tenant. If Tenant shall fail to do sodischarge any such mechanics, or materialmen's lien, Landlord may pay may, at its option, discharge the amount necessary to remove same and treat the cost thereof as additional rent payable with the monthly installment of Basic Rental next becoming due; it being hereby expressly covenanted and agreed that such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed discharge by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest not he deemed to waive or release the default of Tenant in not discharging the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessame.

Appears in 1 contract

Samples: Lease Agreement (Argosy Education Group Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall whichshall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (MyoKardia Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit to be created or to remain undischarged any mechanic’sitems, materialman’s, encumbrance or similar liens or other such encumbrances, including the liens charge arising out of any security work of any contractor, mechanic, laborer or material man which might be or become a lien or encumbrance or charge upon the Premises or any part thereof or the income therefrom, and Tenant will not permit the rights and interest in, conditional sales of, of Landlord in the Premises or chattel mortgages upon, any materials, fixtures, part thereof might be impaired. If any lien on account of an alleged debt of Tenant or articles so installed in and constituting part any notice of contract by a party engaged by Xxxxxx or Xxxxxx's contractor to work on the Premises shall be filed against the Premises, in connection with any Tenant’s Changes on Building or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsLot, or costs any part hereof, within ten (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice of the filing thereof Tenant shall cause the same to be discharged of record by Landlord; and if payment or bond. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid then, in addition to any other right or remedy, Landlord may may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor or to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid shall be deemed Additional Rent under this Lease payable upon demandby Xxxxxxxx and all costs and expenses, including without limitation as to other remedies available to reasonable attorney fees, incurred by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection therewith, together with any Work on or respecting the Premises not performed by or interest thereon at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest rate specified in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.Paragraph 19

Appears in 1 contract

Samples: Lease Agreement (Sync Research Inc)

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