Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 3 contracts
Samples: Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)
Mechanic’s Liens. Tenant shall not suffer or permit any mechanic's lien or any other liens, encumbrances, claims or charges lien to be placed on filed against the Leased Premises, on or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the improvements thereon, on Landlord's interest thereinPremises at the request of Tenant, or upon of anyone holding the Premises, or any portion thereof, by through or under Tenant. If any such mechanic's leasehold interest thereinlien or other lien at any time shall be filed against the Premises or any portion thereof, during Tenant, within thirty (30) days after the Term and Renewal Term, if any, of this Lease, and in the event date Tenant first becomes aware of the filing of any such lienthe same, encumbranceat Tenant's election, claim shall cause said lien either to be discharged of record or charge, to be bonded over in a manner which is reasonably acceptable to Landlord. If Tenant shall promptly have fail to discharge such mechanic's lien or liens or other lien or to bond over the same removed within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or Tenant may contest by procuring the filing discharge of any such lien if Tenant, at its expense, provides as to the Premises by deposit of a cash sum or a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever uponsecurity, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any manner to bind the interest of Landlord or of Tenantdeposit so made by Landlord, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants together with all costs, fees and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of labor performed or materials furnished expenses in connection therewith (including reasonable attorneys' fees), together with any work performed on interest thereon at the Leased Premises and that it will save and hold Maximum Rate of Interest, shall be repaid by Tenant to Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premiseswithin thirty (30) days after demand therefor. Tenant shall not be required indemnify, defend and hold harmless Landlord and the Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to discharge any such mechanic's lien or other lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 3 contracts
Samples: Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp)
Mechanic’s Liens. (a) Tenant shall not permit any mechanic's lien or any other liensshall, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon at Tenant's leasehold interest thereinoption, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid or provide bond for all sums legally due and payable costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of labor performed work done for Tenant or materials furnished in connection with any work performed on the Leased Premises and that it will save persons claiming under it. Tenant shall indemnify and hold Landlord harmless from and defend Landlord against any and all liability, loss, cost damage, costs or expense based expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or arising out of asserted claimsmaterialmen or others for work performed for, liens, encumbrances or charges materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereoftitle thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, Landlord may (but only without being required to do so) pay such lien or judgment and any costs, and the extent that said liens are not created as a result amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's acts payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or omissions. its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant agrees to give on the Premises in excess of $10,000.00, Tenant shall notify Landlord immediate written notice of the placing proposed work and the names and addresses of any lienthe persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, charge, claim or encumbrance against the Leased Premisesas amended). Tenant shall not be required to discharge During any such lienwork on the Premises, encumbranceLandlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, claim or charge and shall have the right to post and keep posted thereon notices such as may be placed upon the Leased Premises those provided for by the act of LandlordSection 38-22-105(2).
Appears in 3 contracts
Samples: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Mechanic’s Liens. Tenant shall not suffer or permit any mechanic's lien or any other liens, encumbrances, claims or charges lien to be placed on filed against the Leased Premises, on or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the improvements thereon, on Landlord's interest thereinPremises at the request of Tenant, or upon of anyone holding the Premises, or any portion thereof, by, through or under Tenant. If any such mechanic's leasehold interest thereinlien or other lien at any time shall be filed against the Premises or any portion thereof, during Tenant, within thirty (30) days after the Term and Renewal Term, if any, of this Lease, and in the event date Tenant first becomes aware of the filing of any such lienthe same, encumbranceat Tenant's election, claim shall cause said lien either to be discharged of record or charge, to be bonded over in a manner which is reasonably acceptable to Landlord. If Tenant shall promptly have fail to discharge such mechanic's lien or other lien or to bond over the same removed within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or Tenant may contest by procuring the filing discharge of any such lien if Tenant, at its expense, provides as to the Premises by deposit of a cash sum or a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever uponsecurity, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any manner to bind the interest of Landlord or of Tenantdeposit so made by Landlord, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants together with all costs, fees and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of labor performed or materials furnished expenses in connection therewith (including reasonable attorneys' fees), together with any work performed on interest thereon at the Leased Premises and that it will save and hold Maximum Rate of Interest, shall be repaid by Tenant to Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premiseswithin thirty (30) days after demand therefor. Tenant shall not be required indemnify, defend and hold harmless Landlord and the Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to discharge any such mechanic's lien or other lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 3 contracts
Samples: Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp)
Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic's ’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 (15) days after the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date thereof, if such lien 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 other lienspart thereof from funds of Landlord, encumbrancesany amount paid by Landlord, claims or charges together with all costs, fees and 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 placed repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Leased Overdue Rate. Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, on 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 the improvements thereonextent resulting from the assertion, on filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord's interest therein, unless taken with the consent of Tenant or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, as a result of a default by Tenant under this Lease, and in ) or the event of attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the filing risk of any such 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 to the provisions of paragraph 21(a) hereof, shall promptly discharge and satisfy of record, any other lien, encumbrance, claim or charge, Tenant security interest, or other right or interest which, as a result of Tenant’s action or inaction contrary to the provisions hereof, shall promptly have same removed be or Tenant may contest the filing of any such lien if Tenant, at its expense, provides become a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim charge or charge of any kind or nature whatsoever uponsecurity interest upon the Premises, or in any manner to bind portion thereof, or the interest of Landlord or of Tenantincome therefrom, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordother 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 parties hereto expressly acknowledge and agree that the interest of Landlord in the Premises shall not be subject to liens for improvements made by Tenant, and Tenant shall so notify all contractors making any such improvements of such provision in this Lease. A notice of this provision shall be recorded by Landlord in the Miami-Dade County, Florida Clerk's office. Tenant shall not suffer or permit any mechanic's lien or any other liens, encumbrances, claims or charges lien to be placed on filed against the Leased Premises, on or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the improvements thereon, on Landlord's interest thereinPremises at the request of Tenant, or upon of anyone holding the Premises, or any portion thereof, by, through or under Tenant. If any such mechanic's leasehold interest thereinlien or other lien at the time shall be filed against the Premises or any portion thereof and Tenant is the cause of same, during Tenant, within thirty (30) days after the Term and Renewal Term, if any, of this Lease, and in the event date Tenant first becomes aware of the filing of any such the same, shall cause said lien, encumbranceat Tenant's election, claim either to be discharged of record or charge, to be bonded over in a manner which is reasonably acceptable to Landlord. If Tenant shall promptly have fail to discharge such mechanic's lien or liens or other lien or to bond over the same removed within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or Tenant may contest by procuring the filing discharge of any such lien if Tenant, at its expense, provides as to the Premises by deposit of a cash sum or a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever uponsecurity, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any manner to bind the interest of Landlord or of Tenantdeposit so made by Landlord, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants together with all costs, fees and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of labor performed or materials furnished expenses in connection therewith (including reasonable attorneys' fees), together with any work performed on interest thereon at the Leased Premises and that it will save and hold Maximum Interest Rate, shall be repaid by Tenant to Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premiseswithin thirty (30) days after demand therefor. Tenant shall not be required indemnify, defend and hold harmless Landlord and the Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to discharge any such mechanic's lien or other lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 2 contracts
Samples: Commercial/Industrial Building Lease (World Diagnostics Inc), Commercial/Industrial Building Lease (World Diagnostics Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides shall discharge any lien or charge filed against the Premises or the Real Property in connection with any work claimed or determined in good faith by Landlord to have been done by or on behalf of, or materials claimed or determined in good faith by Landlord to have been furnished to, Tenant, within 30 days after Tenant's receipt of notice thereof by payment, filing the bond required by law or otherwise in accordance with law. If any such liens so attach and Tenant fails to pay and remove same or contest same as provided herein, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the Interest Rate, as provided under Section 3.4 hereof for amounts owed Landlord by Tenant. Such sums shall be deemed to be additional rent due and payable by Tenant at once without notice or demand. Notwithstanding the foregoing prohibition against liens against the Premises, Tenant may in good faith and with reasonable diligence contest the validity or amount of any lien and defer payment and discharge thereof during the pendency of such contest, provided: (i) that such contest shall have the effect of preventing the sale or forfeiture of the Real Property of any part thereof, or any interest therein, to satisfy such lien; (ii) that, within thirty (30) days after Tenant has been notified of the filing of such lien, Tenant shall have notified Landlord in writing of Tenant's intention to contest such lien; and (iii) that, at Landlord's option, Tenant shall have obtained a bond acceptable to Landlord which protects title insurance endorsement over such lien insuring Landlord, Mortgagee and Lessor against loss or damage by reason of the Leased Premises against existence of such lien or provides other assurances Tenant shall have deposited or protections acceptable caused to be deposited a sum of money which shall be sufficient in the reasonable judgment of Landlord that to pay in full such lien and all interest which might become due thereon, and shall keep on deposit an amount so sufficient at all times, increasing such amount to cover additional interest whenever, in the lien will not attach reasonable judgment of Landlord, such increase is advisable. If Tenant shall fail to maintain or otherwise adversely affect the Leased Premises. Tenant has no authoritycause to be maintained sufficient funds on deposit as hereinabove provided, express shall fail to prosecute such contest or implied, cause such contest to create any lien, encumbrance, claim or charge of any kind or nature whatsoever uponbe prosecuted with reasonable diligence, or in any manner shall fail to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally the amount of the lien plus any interest finally determined to be due and payable by it upon the conclusion of such contest, Landlord may, at its option, apply the money as deposited in payment of or on account of labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbranceor that part thereof then unpaid, claim or charge as may together with all interest thereon. If the amount of money so deposited shall be placed insufficient for the payment in full of such lien, together with all interest thereon, Tenant shall forthwith, upon demand, deposit with Landlord a sum which, when added to the Leased Premises by the act of Landlordfunds then on deposit, shall be sufficient to make such payment in full.
Appears in 2 contracts
Samples: Office Building Lease (Imanage Inc), Office Building Lease (Imanage Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien pay, or any other liens, encumbrances, claims or charges cause to be placed on paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Leased Premises, on Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing commencement of any such lienWork or the supply or furnishing of any labor, encumbrance, claim or chargeservices and/or materials in connection with any Work, Tenant shall promptly provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have same removed or Tenant may the right to contest the filing correctness or validity of any such lien if Tenantif, at its expenseimmediately on demand by Landlord, provides it procures and records a lien release bond acceptable issued by a responsible corporate surety in an amount sufficient to Landlord which protects satisfy statutory requirements therefor in the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased PremisesState of Washington. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will shall promptly pay or cause to be paid all sums legally due and payable awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by it on account of labor performed the claimant in its suit or materials furnished in connection with any work performed before such judgment becomes a lien on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any and all loss, cost mechanic's or expense based on or arising out of asserted claims, other liens, encumbrances then Landlord may (but shall not be obligated to), in addition to any other rights or charges against remedies it may have, discharge said lien by (i) paying the leasehold estate claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or against the interest of (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon in accordance with Section 39 captioned "Interest on Unpaid Rent" from the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result date of Landlord's acts or omissionspayment of said costs. Tenant agrees to give Landlord immediate written notice Landlord's payment of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant such costs shall not be required to discharge waive any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act default of LandlordTenant under this Section.
Appears in 2 contracts
Samples: Office Lease (Amazon Com Inc), Office Lease (Amazon Com Inc)
Mechanic’s Liens. Tenant shall not permit to be created or to remain undischarged any lien, encumbrance or charge arising from or out of any work of any contractor, mechanic's , laborer or materialman, which shall be or become a lien or any other liens, encumbrances, claims encumbrance or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or charge upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides the Shopping Center or the income therefrom, and Tenant shall not suffer any other assurances matter or protections acceptable to Landlord that thing whereby the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authorityestate, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants right and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under in the terms hereofShopping Center might be impaired. If any lien or notice of lien on account of an alleged debt of Tenant shall be filed against the Leased Premises or the Shopping Center, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written shall, within ten (10) days after notice of the placing filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period provided, then Landlord, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. In any such event, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon, at the rate set forth in Section 28.7, from the respective dates of Landlord’s making of the payment or incurring of the cost and expense, shall be paid by Tenant to Landlord on demand. Notwithstanding the foregoing, not less than five (5) days prior to the commencement of any lien, charge, claim work to be performed by or encumbrance against on behalf of Tenant at the Leased Premises. , Tenant shall not be required to discharge notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of any such lien, encumbrance, claim or charge as may be placed upon laws regarding the protection of Landlord’s interest in the Leased Premises by and the act Shopping Center from mechanic’s liens. During the progression of any such work on the Leased Premises, Landlord and its representatives shall have the right, upon at least 24 hours verbal notice, to go upon and inspect the Leased Premises at all reasonable times, and shall have the right to post and keep posted thereon notices regarding mechanic’s liens or to take any further reasonable action which Landlord may deem to be proper for the protection of Landlord’s interest in the Leased Premises and the Shopping Center.
Appears in 2 contracts
Samples: Lease (Carrollton Bancorp), Lease (Carrollton Bancorp)
Mechanic’s Liens. Tenant shall not permit pay for all work done on the Premises by Tenant or at its request of a character which may result in liens on Landlord’s or Tenant’s interest and Tenant will keep the Premises free of all mechanics’ liens, and other liens on account of such work. Tenant indemnifies, defends, and saves Landlord harmless from all liability, loss, damage, or expenses, including attorneys’ fees, on account of any mechanic's claims of laborers, materialmen or others for work performed or for materials or supplies furnished to Tenant or persons claiming under Tenant. If any lien is recorded against the Premises or Real Property or any other lienssuit affecting title thereto is commenced as a result of such work, encumbrancesor supplying of materials, claims or charges Tenant shall cause such lien to be placed on removed of record within fifteen (15) days after notice from Landlord or Tenant shall post a sufficient bond against the Leased Premisessame in an amount equal to one hundred fifty percent (150%) of the claimed mechanic’s lien designating Landlord as the beneficiary thereof. If Tenant desires to contest any claim, on Tenant must furnish Landlord adequate security of at least one hundred fifty percent (150%) of the improvements thereonamount of the claim, on Landlord's plus estimated costs and interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Termand, if any, of this Lease, and in a final judgment establishing the event of the filing validity of any such lien, encumbrance, claim or chargelien is entered, Tenant shall promptly have same removed or pay and satisfy the same. If Tenant fails to proceed as aforesaid, Landlord may contest pay such amount and any costs, and the filing of any such lien if Tenantamount paid, at its expensetogether with reasonable attorneys’ fees incurred, provides a bond acceptable shall be payable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlorddemand.
Appears in 2 contracts
Samples: Lease, Lease (Constant Contact, Inc.)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges payor cause to be placed paid all costs for work done by Tenant or caused to be done by Tenant on the Leased Premises, on the improvements thereon, Development of a character which will or may result in liens on Landlord's interest therein, or upon Tenant's leasehold interest therein, during and Tenant will keep the Term Development free and Renewal Term, if any, clear of this Leaseall mechanics' liens, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 liens on account of labor work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses. including attorneys' fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate Development or against any action affecting the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord's acts . If Tenant desires to contest any claim of lien, Tenant shall either (i) post a bond as required by applicable law, which causes the lien to be removed as a lien against all or omissions. Tenant agrees to give Landlord immediate written notice part of the placing Development, or (ii) furnish to Landlord adequate security of at least one hundred fifty percent (150%) or the amount of the claim, plus estimated costs and interest and. if a final judgment establishing the validity or existence of any lien, charge, claim or encumbrance against the Leased Premiseslien for any amount is entered. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with interest thereon at the Default Rate and reasonable attorney's fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC), Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC)
Mechanic’s Liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's 's, material man's, or other lien to arise or any other liens, encumbrances, claims be filed against the Premises or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein. The Tenant shall save, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Leasehold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the filing immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien, encumbrance, claim or charge, . The Tenant shall promptly have same removed or the right to contest in good faith, any and all such liens. If the Tenant may contest shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbranceincluding reasonable attorneys' fees, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause shall be deemed to be paid all sums legally additional rent for the Premises and shall be due and payable by it the Tenant to the Landlord on account of labor performed or materials furnished demand. Nothing contained in connection with any work performed this Lease shall be construed as a consent on the Leased Premises and that it will save and hold part of the Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against to subject the leasehold Landlord's estate or against the interest of Landlord in the Leased Premises or any portion of the Premises to any lien or liability under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice lien laws of the placing State of any lien, charge, claim or encumbrance against Minnesota. The Landlord shall have the Leased Premises. Tenant shall not be required right to discharge any such lien, encumbrance, claim or charge as may be placed upon post and maintain on the Leased Premises by notices of non-responsibility under the act laws of LandlordMinnesota.
Appears in 1 contract
Samples: Commercial Lease Agreement
Mechanic’s Liens. a. Tenant shall not permit agrees to keep the Premises free from the claims of persons who, at the request of Tenant, furnish labor or material to or for the benefit of the Premises. Tenant agrees to indemnify and hold harmless Landlord from and against all loss, liabilities, suits and claims resulting from any mechanic's lien and all such liens or any other liens, encumbrances, claims or charges . Notwithstanding anything in this Section to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Termcontrary, if any, of this Lease, and Tenant in good faith contests the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing validity of any such lien if or encumbrance, it may post a bond to remove the lien from the Premises in lieu of satisfying any such lien. During Tenant's construction or alteration of any improvements, Landlord may post and keep posted on the Premises appropriate notices to protect Landlord against the claims of persons who, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or request of Tenant, including those who may furnish material 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 labor performed or materials furnished to or for the benefit of the Premises.
b. Landlord shall pay and discharge all bills duly presented for goods and materials delivered and for all services performed in connection with any work repairs or improvements to be performed by Landlord on the Leased Premises Premises. In the event Landlord fails to make any such payment and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out a claim of asserted claims, liens, encumbrances or charges lien to secure payment therefor is filed against the leasehold estate or against Premises, Landlord shall, within ten (10) days from the interest of Landlord in the Leased Premises or under the terms hereofdate such claim is filed, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to (i) pay and discharge any such lien, encumbranceor (ii) notify Tenant that the claim upon which such lien is based has no validity and is being contested in good faith, claim in which case Landlord may in lieu of payment provide for such payment with an escrow holder in Albuquerque, New Mexico, reasonably satisfactory to Tenant. In the event Landlord fails to make or charge as provide for such payment, Tenant may be placed upon pay and discharge such lien and withhold sums so paid, plus interest at twelve percent (12%) per annum or at the Leased Premises by the act of Landlordmaximum legal interest rate, whichever is less, from any monies, including rental, due to Landlord under this Lease.
Appears in 1 contract
Samples: Lease (Westland Development Co Inc)
Mechanic’s Liens. Tenant agrees to pay promptly for all costs and charges for all labor done or materials furnished for any work of repair, maintenance, improvement, alteration or addition, including, without limitation, installation of fixtures, done or caused to be done by Tenant in connection with the Premises, and Tenant hereby indemnifies and agrees to hold Landlord and the Premises free, clear and harmless from and against all liens and claims of liens, and all other liabilities, claims and demands (including, without limitation, reasonable attorneys’ fees), that arise by reason of such work. If any such lien shall not permit at any mechanic's lien time be filed against the Premises, or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event portion of the filing of any such lien, encumbrance, claim or chargeBuildings, Tenant shall promptly have either cause the same removed to be discharged of record within twenty (20) days after the date upon which the same is filed or, if Tenant in its discretion and in good faith determines that such lien should be contested, Tenant shall record, in the office of the county recorder in which such claim of lien was recorded, a bond executed by a corporation authorized to issue surety bonds in the State of California, in a penal sum equal to one and one-half (1 1/2) times the amount of the claim or Tenant may contest one and one-half (1 1/2) times the filing amount allocated to the Premises (and/or to other portions of the Buildings, Project, or Property) to prevent any foreclosure proceedings against the Premises (and/or other portions of the Buildings, Project, or Property) during the pendency of such contest. Such bond shall be conditioned for the payment of any such lien sum which the claimant may recover on the claim together with the claimant’s costs of suit in the action, if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien claimant recovers therein. Nothing contained herein shall imply any consent or provides other assurances or protections acceptable to Landlord that agreement on the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest part of Landlord to subject Landlord’s interest in the real property of which the Premises are a part to liability under any mechanics’ or other lien law. Should Tenant receive notice that a claim of Tenant, including those who may furnish material lien has been or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause is about to be paid all sums legally due and payable by it on account of labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges filed against the leasehold estate Premises, the Buildings, Property or against Project or that any action affecting the interest of Landlord in the Leased Premises title to such property has commenced or under the terms hereofis about to commence, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required immediately transmit such notice and information to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Mechanic’s Liens. Tenant agrees to pay promptly for all costs and charges for all labor done or materials furnished for any work of repair, maintenance, improvement, alteration or addition, including, without limitation, installation of fixtures, done or caused to be done by Tenant in connection with the Premises, and Tenant hereby indemnifies and agrees to hold Landlord and the Premises free, clear and harmless from and against all liens and claims of liens, and all other liabilities, claims and demands (including, without limitation, reasonable attorneys' fees), that arise by reason of such work. If any such lien shall at any time be filed against the Premises, or any portion of the Building, Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges either cause the same to be placed discharged of record within twenty (20) days after the date upon which the same is filed or, if Tenant in its discretion and in good faith determines that such lien should be contested, Tenant shall record, in the office of the county recorder in which such claim of lien was recorded, a bond executed by a corporation authorized to issue surety bonds in the State of California, in a penal sum equal to one and one half (1 1/2) times the amount of the claim or one and one-half (1 1/2) times the amount allocated to the Premises (and/or to other portions of the Building, Project, or Property) to prevent any foreclosure proceedings against the Premises (and/or other portions of the Building, Project, or Property) during the pendency of such contest. Such bond shall be conditioned for the payment of any sum which the claimant may recover on the Leased Premisesclaim together with the claimant's costs of suit in the action, if the claimant recovers therein. Nothing contained herein shall imply any consent or agreement on the improvements thereon, on part of Landlord to subject Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event real property of which the filing Premises are a part to liability under any mechanics' or other lien law. Should Tenant receive notice that a claim of lien has been or is about to be filed against the Premises, the Building, Property or Project or that any action affecting the title to such lien, encumbrance, claim property has commenced or chargeis about to commence, Tenant shall promptly have same removed or Tenant may contest the filing of any immediately transmit such lien if Tenant, at its expense, provides a bond acceptable notice and information to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Mechanic’s Liens. Tenant TENANT shall not suffer or permit any mechanic's lien liens to stand against the Demised Premises or any other lienspart thereof by reason of any work, encumbranceslabor, claims services or charges materials done for, or supplied to, or claimed to have been done for, or supplied to, TENANT or anyone holding the Demised Premises or any part thereof through or under TENANT. If such lien shall at any time be filed against the Demised Premises, TENANT shall cause the same to be placed on discharged of record within ninety (90) days after the Leased Premisesdate of filing the same, on by either payment, deposit or bond. If TENANT shall fail to discharge any such lien within such period, then, in addition to any other right or remedy of LANDLORD, LANDLORD may, but shall not be obligated to, procure the improvements thereondischarge of the same either by paying the amount claimed to be due by deposit in court or bonding, on Landlord's interest thereinand/or LANDLORD shall be entitled, or upon Tenant's leasehold interest thereinif LANDLORD so elects, during to compel the Term prosecution of an action for the foreclosure of such lien by the lienor and Renewal Termto pay the amount of the judgment, if any, in favor of this Leasethe lienor with interest, costs and allowances. Any amount paid or deposited by LANDLORD for any of the aforesaid purposes, and all legal and other expenses by LANDLORD, including reasonable attorney fees, in defending any such action or in or about procuring the event discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the then maximum legal rate per annum from the date of payment or deposit, shall become due and payable forthwith by TENANT to LANDLORD, or, at the option of LANDLORD, shall be payable by TENANT to LANDLORD as additional rent and LANDLORD shall have the same remedy for the non-payment thereof as for the non-payment of basic rent as herein provided. LANDLORD hereby gives notice to all persons who may furnish labor or material to TENANT at the premises that LANDLORD does not consent to the filing of any such lienmechanic’s or materialmen’s liens against LANDLORD’s estate in the premises, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord and that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform all persons furnishing 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but shall look only to the extent that said liens are not created credit of TENANT and such security as a result TENANT may furnish for the payment of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any all such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordlabor and materials.
Appears in 1 contract
Samples: Lease (Durata Therapeutics, Inc.)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following the commencement of the Term) of a character which will or may result in liens on Landlord’s interest therein and payable by it Tenant will keep the Premises free and clear of all mechanics’ liens, and other liens on account of labor work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys’ fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. If Tenant receives any work performed on notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against claim. If any and all loss, cost liens are filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlord's acts such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after the filing or omissionsrecording of such liens. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest or, at Tenant’s option, file a bond with the appropriate court and obtain a release of the lien pursuant to Section 00-00-000, C.R.S. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorney’s fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or caused to be done by Tenant on the Premises of a character which will or may result in liens on Landlord’s interest therein, and payable by it Tenant will keep the Premises free and clear of all mechanics’ liens and other liens on account of labor work done for Tenant or persons claiming under it. Tenant shall indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys’ fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should Tenant receive any work performed on notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against claim. Should any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlord's acts such work or omissionssupply of materials, Tenant shall cause such liens to be removed of record within five (5) days after the filing or recording of such liens. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest, or, at Tenant’s option, file a bond with the appropriate court and obtain a release of the lien pursuant to Section 30-00-000, C.R.S. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorneys’ fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Samples: Premises Lease (Zynex Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and payable by it Tenant will keep the Premises free and clear of all mechanics' liens, and other liens on account of labor work done for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within ten (10) days after notice from Landlord's acts or omissions. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security (which may be in the form of a bond) of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default of the foregoing or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorney's fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Samples: Lease (Exactis Com Inc)
Mechanic’s Liens. 7.01 No Liens Permitted. Tenant shall will not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest thereincreated, or upon Tenant's leasehold interest thereinto remain undischarged, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim encumbrance or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or (arising out of asserted claimsany work done or materials or supplies furnished by a contractor, lienssubcontractor, encumbrances mechanic, laborer or charges against materialmen or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the leasehold estate Shopping Center or against any portion thereof or the interest income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Leased Shopping Center or any portion thereof might be impaired. If any lien or notice of lien on account of an alleged debt of Tenant or Tenant's contractor to work on the Premises shall be filed against the Shopping Center or under any portion thereof, Tenant shall, within ten (10) days after demand from Landlord, cause the terms hereofsame to be discharged for record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy Landlord may, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required obligated to, discharge such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Landlord and all costs and expenses, including attorney's fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord's demand. Nothing herein contained shall obligate Tenant to pay or discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises lien created by the act of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Talk America)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authorityright or authority to impose or permit any lien or claim against the Premises, express the Building, the Building Complex or implied, to create any lien, encumbrance, claim its interest in or charge of any kind under this Lease. Tenant shall pay all costs for work done by or nature whatsoever upon, or for Tenant in any manner to bind the interest of Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of Tenant, including those who may furnish material or perform labor for any construction or repairs. the Primary Lease Term) and Tenant covenants will keep the Premises and agrees that it will pay or cause to be paid the Building Complex free and clear of all sums legally due mechanics' and payable by it other liens on account of labor work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost such claims be made or expense based on or arising out of asserted claims, liens, encumbrances or charges liens be recorded against the leasehold estate Premises, the Building or against the interest of Landlord in Building Complex or should any action affecting the Leased Premises or under the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlordany such work, Tenant shall cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord of Tenant's acts or omissions. intent to contest it and, within five days after the recording of any such liens, Tenant agrees shall either furnish to give Landlord immediate written notice adequate security satisfactory to Landlord of at least 150% of the placing amount of the claim, plus estimated costs and interest or bond over any lien under CRS 00-00-000 and as soon as possible thereby have the lien against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, Tenant shall immediately pay and satisfy it. If Tenant fails to pay any amount in the time periods provided herein, Landlord may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, plus 20% of such amounts as an overhead/administration charge, claim or encumbrance against the Leased Premises. together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Samples: Office Lease (Esoft Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authorityright or authority to impose or permit any lien or claim against the Premises, express the Building, the Building Complex or implied, to create any lien, encumbrance, claim its interest in or charge of any kind under this Lease. Tenant shall pay all costs for work done by or nature whatsoever upon, or for Tenant in any manner to bind the interest of Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of Tenant, including those who may furnish material or perform labor for any construction or repairs. the Primary Lease Term) and Tenant covenants will keep the Premises and agrees that it will pay or cause to be paid the Building Complex free and clear of all sums legally due mechanics' and payable by it other liens on account of labor work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost such claims be made or expense based on or arising out of asserted claims, liens, encumbrances or charges liens be recorded against the leasehold estate Premises, the Building or against the interest of Landlord in Building Complex or should any action affecting the Leased Premises or under the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlordany such work, Tenant shall cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within ten days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord of Tenant's acts or omissions. intent to contest it and, within ten days after the recording of any such liens, Tenant agrees shall either furnish to give Landlord immediate written notice adequate security satisfactory to Landlord of at least 150% of the placing amount of the claim, plus estimated costs and interest or bond over any lien under CRS 00-00-000 and as soon as possible thereby have the lien against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, Tenant shall immediately pay and satisfy it. If Tenant fails to pay any amount in the time periods provided herein, Landlord may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, plus 20% of such amounts as an overhead/administration charge, claim or encumbrance against the Leased Premises. together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Samples: Office Lease (Lightbridge Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs and payable charges for work (a) done by it Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant 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 labor performed such work by or materials furnished in connection with any on behalf of Tenant, other than work performed on by Landlord pursuant to this Lease. If any such lien, at any time, is filed against the Leased 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 that it will save and hold Landlord harmless from and defend Landlord against satisfy the same at once. If Tenant fails to pay any and all losscharge, cost or expense based on for which a mechanics’ lien has been filed, 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 arising out agreement of asserted claims, liens, encumbrances Landlord to subject Landlord’s interest in the Project to liability under any mechanics’ or charges other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereofProject, but only or that any action affecting title to the extent that said liens are not created as a result Project has been commenced on account of Landlord's acts work done by or omissions. Tenant agrees for or materials furnished to or for Tenant, it shall immediately give Landlord immediate written notice of such notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall give Landlord (I) written notice of the placing proposed work and the names and addresses of any lien, charge, claim the persons supplying labor and materials for the proposed work and (ii) two (2) copies of Tenant’s plans and specifications for such work. Landlord will have the right to post notices of nonresponsibility or encumbrance similar written notices on the Premises in order to protect the Premises against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordliens.
Appears in 1 contract
Samples: Office Lease (Acucela Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs and payable charges for work (a) done by it Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises and the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims and demands on account of labor performed such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises, or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any 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 any action affecting title to the Project has been commenced on account of work done by or for or materials furnished in connection with to or for Tenant, it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof(including, but only not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in or to the extent that said liens are not created as a result of Landlord's acts Premises, by or omissions. for Tenant, Tenant agrees to will give Landlord immediate written notice of the placing proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar written notices on the Premises in order to protect the Premises against any such liens. Upon request, Tenant will furnish Landlord evidence of any liensettlement, chargesatisfaction, or payment made of any lien or claim or encumbrance against the Leased Premises. Tenant shall not be required pursuant to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordthis Article 15.
Appears in 1 contract
Mechanic’s Liens. Tenant Landlord's interest in the Premises shall not permit be subjected to liens of any nature by reason of Tenant's construction, alteration, repair, restoration, replacement or reconstruction of any improvements on or in the Premises, including those arising in connection with or as an incident to the construction of any tenant improvements or permitted Alterations, or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, mechanics' and materialmen's liens. All persons dealing with Tenant are hereby placed on notice that such person shall not look to Landlord or to Landlord's creditor's assets (including Landlord's interest in the Premises, Office Complex or Land) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlord's interest in the Premises, Office Complex or Land to any mechanic's or materialmen's lien or claim of lien or any other liensencumbrance whatsoever. If a lien, encumbrances, claims a claim of lien or charges to an order for the payment of money shall be placed on imposed against the Leased Premises, Office Complex or Land on the improvements thereon, on Landlord's interest thereinaccount of work performed, or upon alleged to have been performed, for or on behalf of Tenant's leasehold interest therein, during the Term and Renewal TermTenant shall, if any, of this Lease, and in the event within seven (7) days after written notice of the filing imposition of any such lien, encumbrance, claim or chargeorder, cause the Premises, Office Complex and Land to be released therefrom by the payment of the obligation secured, by furnishing a bond or by any other method prescribed or permitted by law. If a lien is released, Tenant shall promptly have same removed or Tenant may contest the filing furnish Landlord with a written instrument of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or release in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor form 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord recording in the Leased Premises or under office of the terms hereofClerk of the Circuit Court, but only Broward County, Florida, and otherwise sufficient to establish the extent that said liens are not created release as a result matter of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordrecord.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall not suffer or permit any mechanic's lien or any other liens, encumbrances, claims or charges lien to be placed on filed or recorded against the Leased Premises, on equipment or materials supplied or claimed to have been supplied to the improvements thereonPremises at the request of Tenant, on or anyone holding the Premises, or any portion thereof, through or under Tenant whereby the estate, rights or title of Landlord are encumbered. 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 or bonded against to Landlord's interest thereinsatisfaction within sixty (60) days after the date of filing or recording of the same. However, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of Tenant desires to contest the filing validity of any such lien, encumbranceit shall notify Landlord and Landlord's Mortgagee in writing that Tenant intends to so contest same and, claim on or chargebefore the due date thereof, post a bond or otherwise discharge of record or procure title insurance over such lien. If Tenant complies with the foregoing and Landlord's Mortgagee does not object to such contest, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or forfeiture of the Premises, or any part thereof, to satisfy the same, Tenant shall promptly have be under no obligation to pay such lien until such time as the same removed has been decreed, by court order, to be a valid lien on the Premises. Any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to Tenant. Landlord agrees not to pay such lien during the period of Tenant's contest in accordance with this Section. If Tenant fails to discharge, bond or Tenant may contest any such lien in accordance with this Section and Landlord pays for the filing discharge of any such lien if Tenantor any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at its expensethe Overdue Rate, provides a bond acceptable shall be repaid by Tenant to Landlord which protects on demand by Landlord. Tenant shall be solely liable for, and agrees to indemnify and defend Landlord against and save Landlord and the Leased Premises Premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or provides other assurances lien or protections acceptable the attempt by Tenant to discharge same as above provided.
(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 the no mechanic's lien will not or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or otherwise adversely affect the Leased estate or interest of Landlord in and to the Premises. , or any portion thereof.
(c) Without Landlord's prior written consent, which shall be given or withheld in Landlord's sole discretion, Tenant has no authorityshall not create, express permit or impliedsuffer, and, subject to create the provisions of Section 20(a) hereof, shall promptly discharge and satisfy of record, or bond against, any other lien, encumbrance, claim or charge of any kind or nature whatsoever uponcharge, security interest, or in any manner to bind the other right or interest of Landlord or of Tenantwhich, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of LandlordTenant's acts action or omissions. Tenant agrees inaction contrary to give Landlord immediate written notice of the placing of any lienprovisions hereof, charge, claim shall be or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such become a lien, encumbrance, claim charge or charge as may be placed security interest upon the Leased Premises by Premises, or any portion thereof, or the act of Landlordincome therefrom, other than Permitted Encumbrances.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges Except with respect to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or chargeLandlord Work, Tenant shall promptly have same removed pay any contractors and materialmen who supply labor, work or materials to Tenant may contest at the filing Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien if Tenantor notice of lien be filed for work performed for Tenant other than by Landlord, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against Tenant shall cause such lien or provides notice of lien to be discharged of record by payment, deposit, bond or otherwise within thirty (30) days after the filing thereof or after Tenant's receipt of written notice thereof, whichever is later, regardless of the validity of such lien or claim. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the validity thereof and in addition to any other assurances right or protections acceptable to remedy Landlord that may have, Landlord may, but shall not be obligated to, contest the lien will not attach 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 of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of twelve percent (12%) per annum from the respective dates of Landlord's making such payment or otherwise adversely affect incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the Leased 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 any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Tenant has no authority, express or implied, Throughout this Lease the term "mechanic's lien" is used to create include any lien, encumbrance, claim encumbrance or charge of levied or imposed upon the Premises or the Property or any kind interest therein or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 income therefrom on account of labor performed any mechanic's, laborer's or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on materialman's lien or arising out of asserted claimsany debt or liability to or any claim or demand of any contractor, liensmechanic, encumbrances supplier, materialman or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlordlaborer and shall include without limitation any mechanic's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic's lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Samples: Office Space Lease (Cdnow N2k Inc)
Mechanic’s Liens. a. Tenant covenants that it shall not permit (and has no authority to) create or allow any mechanic's lien encumbrance against the Premises, the Property, or any other liens, encumbrances, claims part of any thereof or charges to be placed on the Leased Premises, on the improvements thereon, on of Landlord's interest therein.
b. Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of any work done or services, material, equipment or supplies furnished for or at the request of Tenant or by or for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon Tenant's leasehold interest the Premises, the Property, or any part of any thereof or the income therefrom or any fixture, equipment or similar property therein.
c. If any lien or claim shall be filed, during the Term and Renewal Term, if any, of this Lease, and in the event Tenant shall within thirty (30) days after Tenant receives notice of the filing thereof, cause the same to be discharged of any such lienrecord by payment, encumbrancedeposit, claim bond or charge, otherwise. If Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable fail to Landlord which protects the Leased Premises against cause such lien or provides claim to be discharged and removed from record within that period and such failure continues for ten (10) additional days after notice of default from Landlord to Tenant, then, without obligation to investigate the validity thereof and in addition to any other assurances right or protections acceptable remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Default Rate from the respective dates of Landlord's making of the payment or incurring of the cost or expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord that promptly on demand.
d. Notwithstanding anything to the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, contrary in this Lease or in any manner other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to bind be done, or caused to be done, by Tenant is or was in fact for the interest immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request on the part of Landlord or for the performance of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on or services or the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against furnishing of any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges materials for which any lien could be filed against the leasehold estate Premises or the Property or any part of any thereof, nor as giving Tenant any right, power, or authority to contract for or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the interest of Landlord in Premises, the Leased Premises Property or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing any part of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordthereof.
Appears in 1 contract
Samples: Lease (Animas Corp)
Mechanic’s Liens. Tenant shall not permit any pay all costs for construction done by it or caused to be done by it on the Premises as permitted by this Lease. Tenant shall keep the Building, other improvements and land of which the Premises are a part free and clear of all mechanic's lien liens resulting from construction by or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon for Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, . Tenant shall promptly have same removed or Tenant may the right to contest the filing correctness or validity of any such lien if Tenantif, at its expenseimmediately on demand by Landlord, provides Tenant deposits with Landlord and/or any appropriate court or title insurance company a bond acceptable or sum of money sufficient to Landlord which protects the Leased Premises allow issuance of title insurance against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach and/or to or otherwise adversely affect comply with the Leased Premises. Tenant has no authoritystatutory requirements for discharge of the lien found in § 00-00-000 and § 00-00-000, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever uponColorado Revised Statutes, or in any manner successor statutory provision. Landlord shall have the right to bind the interest of require Tenant's contractor(s), subcontractors and materialmen to furnish to both Tenant and Landlord or of Tenant, including those who may furnish material 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 adequate lien waivers on account of labor performed work or materials furnished paid for, in connection with all periodic or final payments, by endorsement on checks, making of joint checks, or otherwise, and Landlord shall have the right to review invoices prior to payment. Tenant's failure to act in accordance with the foregoing shall be an event of default, subject to any applicable grace, notice or cure periods set forth in Section 22 hereof, and Landlord may, in addition to other remedies, pay such amounts, which together with reasonable attorneys' fees incurred and interest, shall be immediately due Landlord upon notice. Landlord reserves the right to post notices on the Premises that Landlord is not responsible for payment of work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees interest is not subject to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid when due all sums legally due costs for work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord's interest in the Premises or the Project. Tenant will keep the same free and payable by it clear of all mechanics' liens and other liens on account of labor performed work done for or materials furnished on behalf ' of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any and all loss, cost such liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereofProject with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not cause such liens to be required released of record within twenty (20) days after notice thereof If Tenant desires to discharge contest any such lienclaim of line, encumbrance, claim or charge Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as may be placed upon provided by California's mechanics' lien statutes. If Tenant shall be delinquent in paying any charge for which such a mechanics' lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the Leased Premises by lien to be released as aforesaid, Landlord may at its discretion pay such lien or claim and any costs associated therewith, and the act of Landlordamount so paid, together with interest thereon at the Interest Rate and reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord as Additional Rent.
Appears in 1 contract
Samples: Commercial Lease (Finisar Corp)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs and payable charges for work (a) done by it tenant or caused to be done by tenant, in or to the premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify and hold landlord, the premises, and the project free, clear, and harmless for all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of labor such work by or on behalf of tenant, other than work performed by landlord pursuant to the workletter. If any such lien is filed against the premises or materials furnished any part of the project, tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if tenant desires to contest such lien, it will furnish landlord, within such 10-day period, security reasonably satisfactory to landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, tenant will pay and satisfy the same at one. If tenant fails to pay any charge for which a lien has been filed, and has not given landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrancewill 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, claim or charge as may be placed upon that any action affecting title to the Leased Premises project has been commenced on account of work done by or for or material furnished to or for tenant, it will immediately give landlord written notices on the act of Landlordpremises in order to protect the premises against any such liens.
Appears in 1 contract
Samples: Lease Agreement (Pc Tel Inc)
Mechanic’s Liens. (a) Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save indemnify and hold Landlord harmless from and defend Landlord against any and all liability, loss, cost damage, costs or expense based expenses, including reasonable attorney’s fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or arising out of asserted claimsmaterialmen or others for work performed for, liens, encumbrances or charges materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereoftitle thereto be commenced due to Tenant’s contracts with third parties, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to shall give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premisesthereof. Tenant shall not thereafter cause such liens to be removed of record or bonded within twenty days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed, Landlord may (but without being required to discharge do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney’s fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord’s payments.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $2,500.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such lienwork on the Premises, encumbranceLandlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, claim or charge and shall have the right to post and keep posted thereon notices such as may be placed upon the Leased Premises those provided for by the act of LandlordSection 38-22-105(2).
Appears in 1 contract
Samples: Lease Agreement
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authorityright or authority to impose or permit any lien or claim against the Premises, express the Building, the Building Complex or implied, to create any lien, encumbrance, claim its interest in or charge of any kind under this Lease. Tenant shall pay all costs for work done by or nature whatsoever upon, or for Tenant in any manner to bind the interest of Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of Tenant, including those who may furnish material or perform labor for any construction or repairs. the Primary Lease Term) and Tenant covenants will keep the Premises and agrees that it will pay or cause to be paid the Building Complex free and clear of all sums legally due mechanics' and payable by it other liens on account of labor work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost such claims be made or expense based on or arising out of asserted claims, liens, encumbrances or charges liens be recorded against the leasehold estate Premises, the Building or against the interest of Landlord in Building Complex or should any action affecting the Leased Premises or under the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlordany such work, Tenant shall cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord of Tenant's acts or omissions. intent to contest it and, within five days after the recording of any such liens, Tenant agrees shall either furnish to give Landlord immediate written notice adequate security satisfactory to Landlord of at least 150% of the placing amount of the claim, plus estimated costs and interest or bond over any lien under CRS 38-20-000 xxx as soon as possible thereby have the lien against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, Tenant shall immediately pay and satisfy it. If Tenant fails to pay any amount in the time periods provided herein, Landlord may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, plus 20% of such amounts as an overhead/administration charge, claim or encumbrance against the Leased Premises. together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Samples: Office Lease (Convergent Group Corp)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done or caused to be done by Tenant on the Premises of a character which will or may result in liens on Landlord's interest therein, and payable by it Tenant will keep the Premises free and clear of all mechanic's liens and other liens on account of labor work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims on liens of laborers, material men or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced, Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any claim of lien, it shall furnish Landlord adequate security of at least one hundred fifty percent (150%) of the amount of the claim 1, plus estimated costs and interest, and if a final judgment establishing the validity or existence of any lien for any amendment is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a Mechanic's lien or suit to foreclose the lien has been recorded or filed, and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs thereon, and the amount so paid, together with reasonable attorneys' fees incurred in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless therewith, shall be immediately due from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only Tenant to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Samples: Lease (Gold Resource Corp)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authorityright or authority to impose or permit any --------------- lien or claim against the Premises, express the Building, the Building Complex or implied, to create any lien, encumbrance, claim its interest in or charge of any kind under this Lease. Tenant shall pay all costs for work done by or nature whatsoever upon, or for Tenant in any manner to bind the interest of Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of Tenant, including those who may furnish material or perform labor for any construction or repairs. the Primary Lease Term) and Tenant covenants will keep the Premises and agrees that it will pay or cause to be paid the Building Complex free and clear of all sums legally due mechanics' and payable by it other liens on account of labor work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost such claims be made or expense based on or arising out of asserted claims, liens, encumbrances or charges liens be recorded against the leasehold estate Premises, the Building or against the interest of Landlord in Building Complex or should any action affecting the Leased Premises or under the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlordany such work, Tenant shall cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord of Tenant's acts or omissions. intent to contest it and, within five days after the recording of any such liens, Tenant agrees shall either furnish to give Landlord immediate written notice adequate security satisfactory to Landlord of at least 150% of the placing amount of the claim, plus estimated costs and interest or bond over any lien under CRS 00-00-000 and as soon as possible thereby have the lien against the Premises. Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, Tenant shall immediately pay and satisfy it. If Tenant fails to pay any amount in the time periods provided herein, Landlord may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, plus 20% of such amounts as an overhead/administration charge, claim or encumbrance against the Leased Premises. together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Mechanic’s Liens. The Tenant shall not permit any mechanic's lien or any other lienspay, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done or caused to be done by the Tenant on the Property, or a character which will or may result in liens on the Landlord’s interest therein, and payable by it the Tenant will keep the Property free and dear of all mechanic’s liens and other liens on account of labor performed work done for the Tenant or materials furnished in connection with any work performed on persons claiming under it. The Tenant agrees to indemnify, defend and save the Leased Premises and that it will save and hold Landlord harmless of and from and defend Landlord against any and all liability, loss, damage, cost or expense based expenses, including attorney’s fees on account of any claims of any nature whatsoever, including claims on liens of laborers, material men or arising out others for work performed for, or materials or supplies furnished to the Tenant or persons claiming under the Tenant. Should any liens be filed of asserted claims, liens, encumbrances or charges record against the leasehold estate Property, or against any action affecting the interest title thereto be commenced, the Tenant shall cause such liens to be removed of record within five days after notice from the Landlord. If the Tenant desires to contest any claim or lien, it shall furnish the Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result with adequate security of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice at least one hundred fifty percent (150”/4) of the placing amount of the claim, plus estimated costs and interest and if a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If the Tenant shall be in default in paying any charge for which mechanic’s lien or suit to foreclose the lien has been recorded or filed, it shall not be have given Landlord security as set forth herein, the Landlord may (but without being required to discharge do so) pay such lien or claim, and any such liencost thereon, encumbranceand the amount so paid, claim or charge as may together with reasonable attorney’s fees incurred in connection therewith, shall immediately be placed upon due from the Leased Premises by the act of LandlordTenant.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for all Tenant’s Work, other Alterations or other work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord’s interest therein, and payable by it Tenant will keep the Premises free and clear of all mechanic’s liens, and other liens on account of labor work done for Tenant or person claiming under it. Tenant hereby agrees to indemnify and defend Landlord, and save Landlord harmless of and from, all liability, loss, damage, costs, or expenses, including reasonable attorneys’ fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed or for materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should Tenant receive any work performed on notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against claim. Should any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlord's acts or omissions. such work (which term includes the supplying of materials), Tenant agrees shall cause such liens to give Landlord immediate written be removed from record within 30 days after it receives notice of the placing filing or recording of such liens. If Tenant desires to contest any claims of lien, Tenant shall furnish to Landlord adequate security of at least 125% of the amount of the claim, or at Tenant’s option, file a bond with the appropriate court and obtain a release of the lien pursuant to Applicable Law. If a final judgment (after exhaustion of appeal) establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorneys’ fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Samples: Office Building Lease (Ada-Es Inc)
Mechanic’s Liens. 10.1 Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or cause to be done by Tenant on the Premises, and payable by it the Tenant will keep the Premises free and clear of all mechanic's liens and other liens on account of labor performed work done for Tenant or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or persons claiming under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissionsTenant. Tenant agrees to give and shall indemnify, defend and save Landlord immediate written notice free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, Tenant shall furnish Landlord adequate security of the placing value or in the amount of the claim, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose the lien have been filed, and shall not have given Landlord security to protect the property and Landlord against such claim of lien, charge, claim or encumbrance against the Leased Premises. Tenant Landlord may (but shall not be so required to) pay the said claim and any costs, upon five (5) days' notice to discharge Tenant, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the same to Landlord with interest at the maximum lawful rate from the dates of Landlord's payments. Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
10.2 Landlord or its representatives shall have the right to go upon and inspect the Premises at all reasonable times and shall have the right to post and keep posted thereon notices of nonresponsibility, or such other notice which Landlord may deem to be proper for the protection of Landlord's interest in the Premises. After obtaining the written consent of Landlord thereto Tenant shall, before the commencement of any work which might result in any such lien, encumbrance, claim or charge as may be placed upon give to the Leased Premises by Landlord written notice of its intention to do so in sufficient time to enable the act posting of Landlordsuch notices.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any keep the Premises free and clear of mechanic's lien or and materialmen's liens and other liens of a similar nature in connection with work of any other liens, encumbrances, claims or charges to be placed character performed on the Leased Premises by or at the direction of Tenant, whether or not such work involves any addition or alteration to the Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in . In the event of the filing of any such lien, encumbrance, claim that one or charge, Tenant more mechanic's or materialmen's liens shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises be filed against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or Tenant in connection with work performed on the Premises by or at the direction of the Tenant, including those who may furnish material Tenant shall notify Landlord thereof and shall, within thirty (30) days of the date of filing of such lien, pay the amount claimed, obtain a bond over any lien, otherwise obtain the discharge of such lien forthwith, or perform labor for deposit with Landlord such security as Landlord shall specify to insure payment of such lien and prevent any construction sale, foreclosure or repairsforfeiture of the Premises by reason of such non-payment. If Tenant covenants shall fail to discharge any such lien within such period then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, procure its discharge and agrees that it will pay any costs and expenses incurred or cause to be paid all sums legally due and payable amounts expended by it on account of labor performed or materials furnished Landlord in connection with any work performed such discharge, together with interest thereon at a rate of twelve percent (12%) per annum, shall be payable by Tenant to Landlord on demand as Additional Rent. On final determination of such lien or claim for lien, Xxxxxx shall immediately pay any judgment rendered against Tenant with all proper costs and charges and shall satisfy the judgment and release the lien of record at its expense. Upon payment and satisfaction of any judgment by Xxxxxx and release of lien, Landlord shall reimburse any deposits received by Landlord as security from Tenant. If any such lien shall be placed on the Leased Premises and that it will save be ripened into a judgment which becomes final, Landlord, at its option, may pay such final judgment and hold clear the Premises of such lien and the funds expended by Landlord harmless from and defend on account of such judgment shall be repaid by Tenant to Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate upon ten (10) days' written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordnotice.
Appears in 1 contract
Samples: Lease Agreement
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs and payable charges for work (a) done by it Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant 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 labor performed such work by or materials furnished in connection with any on behalf of Tenant, other than work performed on by Landlord pursuant to this Lease. If any such lien, at any time, is filed against the Leased 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 that it will save and hold Landlord harmless from and defend Landlord against satisfy the same at once. If Tenant fails to pay any and all losscharge, cost or expense based on for which a mechanics’ lien has been filed, 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 arising out agreement of asserted claims, liens, encumbrances Landlord to subject Landlord’s interest in the Project to liability under any mechanics’ or charges other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereofProject, but only or that any action affecting title to the extent that said liens are not created as a result Project has been commenced on account of Landlord's acts work done by or omissions. Tenant agrees for or materials furnished to or for Tenant, it shall immediately give Landlord immediate written notice of such notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall give Landlord (i) written notice of the placing proposed work and the names and addresses of any lien, charge, claim the persons supplying labor and materials for the proposed work and (ii) two (2) copies of Tenant’s plans and specifications for such work. Landlord will have the right to post notices of nonresponsibility or encumbrance similar written notices on the Premises in order to protect the Premises against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordliens.
Appears in 1 contract
Samples: Office Lease (Dendreon Corp)
Mechanic’s Liens. 22.1. Tenant shall not permit any mechanic's lien pay, when due, all costs for construction done by it or any other liens, encumbrances, claims or charges caused to be placed done by it on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of Premises as permitted by this Lease. Tenant shall keep the Building and the Lot free and clear of all mechanics' liens resulting from construction or other work done by or for Tenant. Tenant hereby indemnifies and holds Landlord harmless against loss, damage, attorney's fees and in all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under it. If Tenant shall not, within ten (10) days following the event of the filing imposition of any such liens, cause such lien to be released of record by payment or posting of a proper bond reasonably satisfactory to Landlord, then Landlord shall have, in addition to all other remedies provided herein or by law, the right to cause such lien to be released by such reasonable means as Landlord shall deem proper, including payment and/or defense against the claim giving rise to such lien. All sums paid by Landlord and all expenses incurred by it in connection therewith shall create automatically an obligation of Tenant to pay an equivalent amount to Landlord as Rent, encumbrance, claim which rent shall be so payable by Tenant within ten (10) business days of Tenant's receipt of a reasonably detailed written statement therefor from Landlord with interest accruing from the date paid or charge, incurred by Landlord until reimbursed to Landlord by Tenant.
22.2. Tenant shall promptly have same removed or Tenant may the right to contest the filing correctness or the validity of any such lien if Tenantif, at its expenseimmediately on demand by Landlord, provides Tenant procures and records a lien release bond acceptable issued by a corporation authorized to Landlord which protects issue surety bonds in California in an amount equal to one and one-half times the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord amount of the claim of lien. The bond shall meet the requirements of the California Civil Code and shall provide for the payment of any sum that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who claimant may furnish material 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 labor performed or materials furnished in connection with any work performed recover on the Leased Premises and that claim (together with costs of suit, if it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord recovers in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordaction).
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following commencement of the Lease Term) of a character which could result in liens on Landlord’s interest. Tenant will keep the Premises free and payable by it clear of all mechanics’ and other liens on account of labor performed work done for Tenant or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from persons claiming under it. Tenant agrees to indemnify and defend Landlord against any and with respect to all liability, loss, damage, cost or expense based expense, including attorneys’ fees, on account of any claims of any nature whatsoever, including claims or arising out liens of asserted claimslaborers or materialmen or others, liens, encumbrances for work performed for or charges materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the leasehold estate Premises and/or the Building or against any action affecting the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of such work, Tenant shall cause such liens to be removed of record within 10 days after Tenant’s receipt of notice from Landlord's acts . If Tenant desires to contest any claim or omissions. lien, Tenant agrees shall furnish to give Landlord immediate written notice adequate security of at least 150% of the placing amount of the claim, plus estimated costs and interest, or, at Landlord’s option, file a bond and obtain a release of the lien pursuant to Law. If a final judgment establishing the validity or existence of any liensuch lien is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy it at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed, and shall not have given Landlord security as provided above, Landlord may (but without being required) pay such lien or claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be required immediately due from Tenant to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Smart Move, Inc.)
Mechanic’s Liens. Tenant shall Section 8.1: The TENANT covenants not to suffer or permit any mechanic's lien mechanic s liens to be filed against the fee interest of the LANDLORD nor against TENANT s leasehold interest in the Demised Premises by reason of work, labor, services or materials supplied or claimed to have been supplied to the TENANT or any contractor, subcontractor or any other liensparty or person acting at the request of the TENANT or anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the event any mechanic s lien shall be filed against the fee interest of the LANDLORD or against the TENANT s leasehold interest, encumbrances, claims or charges the TENANT shall within thirty (30) days after receiving notice of the filing thereof cause the same to be placed on discharged of record by payment, deposit, bond or order of a court of competent jurisdiction or otherwise. IF TENANT shall fail to cause such lien to be discharged or bonded within the Leased Premisesperiod aforesaid, on then in addition to any other right or remedy LANDLORD may, but shall not be obligated to, discharge the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during same by paying the Term and Renewal Term, if any, amount claimed to be due by procuring the discharge of this Leasesuch lien by deposit by bonding proceedings, and in any such event, LANDLORD shall be entitled, if LANDLORD so elects, to compel the event prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the filing of any such lienlienor with interest, encumbrance, claim costs and allowances. Any amount so paid by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or fee owner in any manner to bind the interest of Landlord or of Tenantconnection therewith, including those who may furnish material or perform labor for but not limited to premiums on any construction or repairs. Tenant covenants bonds filed and agrees that it will pay or cause to attorney s fees, shall constitute Additional Rent payable by TENANT under this lease and shall be paid all sums legally due and payable by it on account TENANT to LANDLORD within ten (10) days of labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlorddemand therefor.
Appears in 1 contract
Samples: Lease Agreement (Netwolves Corp)
Mechanic’s Liens. Tenant shall not permit promptly pay any contractors and ---------------- materialmen who supply labor, work or materials to Tenant at the Premises so as to prevent the possibility of a lien attaching to the Premises or any portion thereof. Tenant shall take all steps permitted by law in order to avoid the imposition of any such mechanic's, laborer's or materialman's lien. Should any such lien or notice of lien be filed, Tenant shall bond against or discharge the same within thirty (30) days after the lien or claim is filed or formal notice of the lien or claim has been issued regardless of the validity of such lien or claim. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, or to allow any mechanics lien to attach to Landlord's interest, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Premises or any interest therein or income therefrom on account of any mechanic's, laborers or materialman's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claimsany debt or liability to or any claim or demand of any contractor, liensmechanic, encumbrances supplier, materialman or charges against laborer hired directly or indirectly by Tenant. Notwithstanding the leasehold estate foregoing, Tenant may contest any mechanics' lien or against liens upon the interest deposit by Tenant with Landlord of Landlord an indemnity bond issued by a corporate surety in the Leased Premises or under the terms hereof, but only an amount equal to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice amount of the placing lien claim, if such procedure shall be acceptable to the then existing mortgagee(s) of any lien, charge, claim or encumbrance against the Leased Premises. Tenant Such bond shall not be required to discharge any name Landlord and such lien, encumbrance, claim or charge other parties as Landlord may be placed upon the Leased Premises by the act of Landlorddirect as obligees thereunder.
Appears in 1 contract
Mechanic’s Liens. As a condition precedent to Landlord giving advance written consent to Tenant’s use of outside contractors and subcontractors for repairs and/or maintenance of the Premises or replacements (“Repairs”), Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges obtain and deliver to be placed on the Leased Premises, on the improvements thereonLandlord, on Landlord's interest therein’s written demand therefor, a list of all contractors, subcontractors, materialmen and laborers involved or to become involved in such work. If any mechanic’s or materialmen’s lien is filed against the Premises, for work claimed to have been done for, or upon materials claimed to have been furnished to Tenant's leasehold interest therein, during such lien shall be discharged by Tenant within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the Term and Renewal Term, if any, payment thereof or by filing any bond required by law or by making a deposit of this Lease, and in the event funds as necessary to cause discharge of the filing of any such lien, encumbrance, claim lien under the Construction Lien Law (N.J.S.A. 2A:44A-1 et seq. also known as P.L. 1993 c.318) or charge, other applicable lien law. If Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required fail to discharge any such mechanic’s or materialmen’s lien, encumbranceLandlord may, claim at its option, after five (5) days written notice to the Tenant, discharge the same and treat the cost thereof as Additional Rent payable with the monthly installment of Base Rent next becoming due. Such discharge by Landlord shall not be deemed to waive, or charge as release or excuse the default of Tenant in not discharging the same. Any such Repairs shall be conducted on behalf of Tenant. In the event Landlord shall give its written consent to the making of any such Repairs by Tenant, such written consent shall not be deemed to be an agreement or consent by Landlord to subject the Landlord’s interest in the Premises, the Building or the land to any mechanic’s or materialmen’s liens which may be placed upon the Leased Premises filed in respect of any such Repairs made by the act of Landlord.or on behalf of
Appears in 1 contract
Samples: Lease Agreement (Inverness Medical Innovations Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and payable by it Xxxxxx will keep the Premises free and clear of all mechanics' liens, and other liens on account of labor work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord's acts or omissions. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorney's fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Mechanic’s Liens. No mechanic's or other lien shall be allowed to be filed against the estate of Landlord by reason of any work performed by Tenant pursuant to this Lease or by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall not permit pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant and/or its contractor(s) on or about the Premises. In the event any mechanic's or other lien shall at any time be filed against the Premises, Building and/or Land by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to any other liensone holding the Premises through or under Tenant, encumbrancesTenant shall, claims or charges within fourteen (14) days of the notice of filing thereof to Tenant, cause the same to be placed on discharged of record or appropriately bonded to the Leased Premises, on the improvements thereon, on reasonable satisfaction of Landlord's interest therein, . If Tenant shall fail to cause such lien to be so discharged or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event bonded after being notified of the filing thereof, then, in addition to any other right or remedy of any such lienLandlord, encumbranceLandlord may bond or discharge the same by paying the amount claimed to be due, claim or chargeand the amount so paid by Landlord, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to including reasonable attorney's fees incurred by Landlord which protects the Leased Premises either defending against such lien or provides other assurances or protections acceptable to Landlord that in procuring the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any discharge of such lien, encumbrancetogether with interest thereon at the maximum rate of twelve percent (12%) per annum, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to shall be paid all sums legally due and payable by it on account of labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Tenant to Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissionsRent. Tenant agrees shall have no power or authority to give Landlord immediate written notice of do any act or make any contract which may create or be the placing of foundation for any lien, charge, claim mortgage or other encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act reversion or other estate of Landlord, or of any interest in the Building or the Land.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, remodeling, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic's lien or other lien shall be allowed against the property or estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises nor shall Landlord's interest in the Premises be subject to any liens for improvements of any kind made by or at the direction of the Tenant and Tenant agrees to so notify all its contractors. Tenant shall not permit pay promptly all persons furnishing labor, materials or equipment with respect to any work performed by Tenant or its contractor on or about the Premises. In the event any mechanic's lien or other lien shall at any other lienstime be filed against the Premises by reason of work, encumbranceslabor, claims services, equipment or charges materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause the same to be placed on discharged of record or bonded to the Leased Premises, on the improvements thereon, on satisfaction of Landlord's interest therein, . If Tenant shall fail to cause such lien forthwith to be so discharged or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event bonded within ten (10) days after being notified of the filing thereof then, in addition to any other right or remedy of any such lienLandlord, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if TenantLandlord may, at its expenseany time thereafter, provides a bond acceptable or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord which protects the Leased Premises including but not limited to reasonable attorney's fees incurred by Landlord either defending against such lien or provides other assurances or protections acceptable to Landlord that in procuring the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any discharge of such lien, encumbrancetogether with interest thereon at the Default Rate, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to shall be paid all sums legally due and payable by it on account of labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Tenant to Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of LandlordAdditional Rental.
Appears in 1 contract
Samples: Lease Agreement (Vialog Corp)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs and payable charges for work (a) done by it Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of labor such work by or on behalf of Tenant other than work performed by Landlord pursuant to the Work Letter. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days after the filing of such lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to cause such lien to be discharged of record as required, Landlord may, at its option, declare this Lease in material default without further notice or pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by or for or materials furnished in connection with to or for Tenant, it will immediately give Landlord written notice of such notice. At least fifteen (15) days prior to the commencement of any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against (including but not limited to any and all lossmaintenance, cost repairs, alterations, additions, improvements, or expense based on installations) in or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts Premises, by or omissions. for Tenant, Tenant agrees to will give Landlord immediate written notice of the placing proposed work and the names and addresses of any lien, charge, claim or encumbrance against the Leased Premisespersons supplying labor and materials for the proposed work. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlord.Landlord will
Appears in 1 contract
Samples: Office Lease (Lecstar Corp)
Mechanic’s Liens. No work performed by Tenant whether in the nature of erection, construction, alteration or repair, shall bee deemed to be for the immediate use and benefit of Landlord. No mechanic's or other lien shall attach to or be allowed to stand against the estate of Landlord by reason of any improvements made by Tenant or at the request or direction of Tenant. Tenant shall not permit pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor(s) in, on or about the Lease Premises. In the event any mechanic's or other lien shall at any time be filed against the Lease Premises or the Commercial Center by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Lease Premises through or under Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord (including actual attorney's fees and expenses incurred by Landlord either defending against such lien or in procuring the discharge of such lien), together with interest thereon, shall be due and payable by Tenant to Landlord as additional Base Rental. Nothing herein contained shall be construed as a consent by Landlord for Tenant to make any alterations, improvements, installations or additions so as to give rise to any right to any laborer or materialman to file any mechanic's lien or any notice thereof, or any other liens, encumbrances, claims or charges lien purporting to be placed on the Leased Premises, on the improvements thereon, on affect Landlord's interest thereinproperty or the Commercial Center. NOTICE AND DISCLAIMER PURSUANT TO (S)713.10, or upon Tenant's leasehold interest thereinFLA. STAT. PURSUANT TO (S)713.10, during the Term and Renewal TermFLA. STAT., if anyTHE FEE SIMPLE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS, of this LeaseALTERATIONS, and in the event of the filing of any such lienADDITIONS, encumbranceREMODELING OR REPAIRS ON TO OR ABOUT THE LEASE PREMISES MADE BY TENANT OR UNDER THE DIRECTION OR REQUEST OF TENANT. A COPY OF THIS LEASE HAS BEEN RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of LandlordFLORIDA.
Appears in 1 contract
Samples: Commercial Lease Agreement (Sunstar Healthcare Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord’s interest in the Premises, Building or Building Complex. Tenant warrants that it will keep the Demised Premises and payable by it Building Complex free and clear of all mechanic’s liens and other liens on account of labor performed work done for or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including reasonable attorneys’ fees, incurred in connection with any claims of any nature whatsoever for work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any and all loss, cost such liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate Premises, Building Complex with respect to work done for or against materials supplied to or on behalf of Tenant or should any action affecting the interest title thereto be commenced, Tenant shall cause such liens to be released of Landlord in the Leased Premises or under the terms hereof, but only record within thirty (30) days after notice thereof. If Tenant desires to the extent that said liens are not created as a result contest any such claim of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as maybe provided by applicable law. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts associated therewith, encumbranceand the amount so paid, claim or charge together with interest at the Interest Rate and reasonable attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord as may be placed upon the Leased Premises by the act of LandlordAdditional Rent.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and payable by it Tenant will keep the Premises free and clear of all mechanics' liens, and other liens on account of labor work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within ten (10) days after notice from Landlord's acts or omissions. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorney's fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Samples: Lease (Infocrossing Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for ---------------- work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and payable by it Tenant will keep the Premises free and clear of all mechanics, liens, and other liens on account of labor work done for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord's acts or omissions. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorney's fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Samples: Lease (Daily Journal Corp)
Mechanic’s Liens. Tenant shall will not permit any mechanic's or materialman's lien or any other liens, encumbrances, claims or charges liens to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances improvements thereon or protections acceptable to Landlord that the lien will not attach to Land or otherwise adversely affect the Leased Premises. Building during the Lease Term caused by or resulting from any work performed, materials furnished, or obligation incurred by or at the request of Tenant has no authorityand nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to create any liencontractor, encumbrancesubcontractor, claim laborer, or charge materialman for the performance of any kind labor or nature whatsoever uponthe furnishing of any materials for any specific improvement, alteration, or in any manner repair of or to bind the interest of Landlord or of Tenant, including those who may furnish material 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 labor performed or materials furnished in connection with any work performed on the Leased Premises and or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that it will save and hold Landlord harmless from and defend Landlord against would give rise to the filing of any and all lossmechanic's, cost materialman's or expense based on or arising out of asserted claims, liens, encumbrances or charges against the leasehold estate or other liens against the interest of Landlord in the Leased Premises or under Premises. In the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice case of the placing filing of any lien, charge, claim lien on the interest of Landlord or encumbrance against Tenant in the Leased Premises, Tenant shall cause the same to be discharged of record within twenty (20) days after the filing of same. If Tenant shall fail to discharge such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be required obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding. Any amount paid by Landlord for any of the aforesaid purposes, or for the satisfaction of any other lien, not caused or claimed to be caused by Landlord, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in or about procuring the discharge of such lien, encumbrancewith all necessary disbursements in connection therewith, claim or charge as may with interest thereon at the rate of eighteen percent (18%) per annum from the date of payment shall be placed upon the Leased Premises paid by the act of LandlordTenant to Landlord on demand.
Appears in 1 contract
Samples: Office Sublease (Advancepcs)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work ---------------- done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord's interest in the Premises, Building or Building Complex and payable by it Tenant will keep the Premises, Building and Building Complex free and clear of all mechanic's liens and other liens on account of labor performed work done for or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any and all loss, cost mechanic's liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate Premises, Building or against Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any Action affecting the interest title thereto be commenced, Tenant shall cause such liens to be released of Landlord in re-cord within ten (10) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the Leased Premises posting of adequate security with a court of competent jurisdiction if provided by applicable law or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice statute of the placing of any lien, charge, claim or encumbrance against state where the Leased PremisesPremises are located. If Tenant shall be in default in paying any charge for which such a mechanic's lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts associated there-with, encumbranceand the amount so paid, claim or charge together with interest at the Interest Rate and reasonable attorneys' fees incurred in connection therewith, shall be immediately due and payable from Tenant to Landlord as may be placed upon the Leased Premises by the act of LandlordAdditional Rent.
Appears in 1 contract
Samples: Office Building Lease (Colorado Business Bankshares Inc)
Mechanic’s Liens. (a) Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of labor performed work done for Tenant or materials furnished in connection with any work performed on the Leased Premises and that it will save persons claiming under it. Tenant shall indemnify and hold Landlord harmless from and defend Landlord against any and all liability, loss, cost damage, costs or expense based expenses, including attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or arising out of asserted claimsmaterial men or others for work performed for, liens, encumbrances or charges materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the leasehold estate Premises or against any action affecting the interest title thereto be commenced, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord with security satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest. For purposes of the preceding sentence, a bond from a surety company reasonably satisfactory to Landlord in a form reasonably satisfactory to Landlord shall be satisfactory security. If a final judgment establishing the Leased Premises validity or under existence of a lien for any amount is entered, Tenant shall pay and satisfy the terms hereofsame at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, and shall not have given Landlord security as described above, Landlord may (but only without being required to do so) pay such lien or claim and any costs, and the extent that said liens are not created as a result amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's acts or omissions. payments.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant agrees to give on the Premises, Tenant shall notify Landlord immediate written notice of the placing proposed work and the names and addresses of any lienthe persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, charge, claim or encumbrance against the Leased Premisesas amended). Tenant shall not be required to discharge During any such lienwork on the Premises, encumbranceLandlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, claim and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) or charge as to take any further action which Landlord may deem to be placed upon proper for the Leased Premises by the act protection of Landlord's interest in the Premises.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by it or caused to be done by it on the Premises, and Tenant will keep the Premises free and clear of all mechanics' liens and other liens on account of labor performed work done for Tenant or materials furnished in connection with any work performed on the Leased Premises persons claiming under it. Tenant agrees to and that it will shall indemnify, defend and save Landlord free and hold Landlord harmless from and defend Landlord against any and all liability, loss, cost damage, costs, attorneys' fees and all other expenses on account of claims of lien of laborers or expense based on materialmen or arising out others for work performed or materials and supplies furnished for Tenant or persons claiming under it. In addition, Tenant shall keep Tenants' leasehold interest and any of asserted claims, liens, encumbrances those improvements to the Premises which are or charges against the leasehold estate or against the interest become property of Landlord pursuant to this Lease free and clear of all liens of attachment or judgment liens.
(b) If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security of the value or in the Leased Premises amount of the claim, plus estimated costs and interest, or under a bond of a responsible corporate surety in such amount conditioned on the terms hereofdischarge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall immediately pay and satisfy the same. boattree\misc\tierra.lse 16
(c) If Tenant shall default in paying any charge for which a mechanics' lien claim and suit to foreclose the lien have been filed, and shall not have given Landlord security to protect the property and Landlord against such claim of lien, Landlord may (but only shall not be so required to) pay the said claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the extent that said liens are not created as a result same to Landlord with interest at the maximum lawful rate from the dates of Landlord's acts payments.
(d) Should any claim of lien be filed against the Premises or omissions. Tenant agrees any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give Landlord immediate the other party written notice thereof. Landlord or its representatives shall have the right to go upon and inspect the Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility, or such other notices which Landlord may deem to proper for the placing protection of any lien, charge, claim or encumbrance against Landlord's Interest in the Leased Premises. Tenant shall not be required to discharge shall, before the commencement of any work which might result in any such lien, encumbrance, claim or charge as may be placed upon give to Landlord written notice of its intention to do so in sufficient time to enable the Leased Premises by the act posting of Landlordsuch notices.
Appears in 1 contract
Samples: Retail Space Lease (American Marine Recreation Inc)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord’s interest therein and payable by it Tenant will keep the Premises free and clear of all mechanics’ liens, and other liens on account of labor work done for Tenant or persons claiming under it, excluding any finish work performed by Landlord pursuant to the Work Agreement. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and fiom 811 liability, loss, damage, costs, or expenses, including attorneys’ fees, on account of any claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. Should Tenant receive any work performed on notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against claim. Should any and all loss, cost liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate or against the interest of Landlord in the Leased Premises or under any action affecting the terms hereof, but only to the extent that said liens are not created title thereto be commenced as a result of Landlord's acts such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after the filing or omissionsrecording of such liens. If Tenant agrees desires to give contest any claim of lien, Tenant shall furnish to Landlord immediate written notice adequate security of at least one hundred fifty percent (150%) of the placing amount of the claim, plus estimated costs and interest, or at Tenant’s option, file a bond with the appropriate court and obtain a release of the lien pursuant to Section 30-00-000, C.R.S. If a final judgment establishing the validity or existence of any lienlien for any amount is entered, charge, claim or encumbrance against the Leased Premises. Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed and shall not be have given Landlord security as aforesaid, Landlord may (but without being required to discharge do so) pay such lien or claim and any such liencosts, encumbranceand the amount so paid, claim or charge as may together with reasonable attorneys’ fees incurred in connection therewith, shall be placed upon the Leased Premises by the act of immediately due from Tenant to Landlord.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges pursuant to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and whether in the event nature of construction, alteration or repair, shall be deemed to be for the filing immediate use and benefit of Landlord, so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any such lien, encumbrance, claim or charge, consent given by Landlord to Tenant to improve the premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s or material man’s liens will be asserted against Landlord’s interest in the premises or the property of which the premises are a part. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or it contractors or about the premises. If any mechanic’s or other liens shall at any time be filed against the premises or the property of which the premises are a part by reason of work, labor, services or materials performed or furnished, or alleged to have same removed been performed or furnished, to Tenant may contest or to anyone holding the filing premises through or under Tenant, and regardless of whether any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises is asserted against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then in addition to any other right or remedy of Landlord, Landlord may bond over or discharge the same by paying the amount claimed to be due, and the amount so paid all sums legally by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the highest legal rate allowed by law, shall be due and payable by it on account of Tenant to Landlord as additional rental. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor performed or materials furnished on Landlord’s interest in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any premises or in the Landlord’s building or buildings, and all losscontractors, cost subcontractors, material men, mechanics, laborers and others contracting with Tenant and/or any subtenant of Tenant and/or any other occupants of the premises, for the construction, installation, alteration or expense based on or arising out repair of asserted claims, liens, encumbrances or charges against any improvements to the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, but premises are hereby charged with notice that they must look only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees and to give Landlord immediate written notice of the placing Tenant’s interest in the premises to secure the payment of any lien, charge, claim or encumbrance against charges and/or materials furnished at the Leased Premises. Tenant shall not be required to discharge any such lien, encumbrance, claim or charge as may be placed upon the Leased Premises by the act of Landlordpremises.
Appears in 1 contract
Samples: Business Lease Agreement (Enviro Technologies, Inc.)
Mechanic’s Liens. Tenant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including those who may furnish material 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 costs for work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord’s interest in the Premises, Building or Building Complex. Tenant warrants that it will keep the Demised Premises and payable by it Building Complex free and clear of all mechanic’s liens and other liens on account of labor performed work done for or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including reasonable attorneys’ fees, incurred in connection with any claims of any nature whatsoever for work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any and all loss, cost such liens be filed or expense based on or arising out of asserted claims, liens, encumbrances or charges recorded against the leasehold estate Premises, Building Complex with respect to work done for or against materials supplied to or on behalf of Tenant or should any action affecting the interest title thereto be commenced, Tenant shall cause such liens to be released of Landlord in the Leased Premises or under the terms hereof, but only record within thirty (30) days after notice thereof. If Tenant desires to the extent that said liens are not created as a result contest any such claim of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not nonetheless cause such lien to be required to discharge any such lien, encumbrance, claim or charge released of record by the posting of adequate security with a court of competent jurisdiction as may be placed upon provided by applicable law. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the Leased Premises by lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs associated therewith, and the act of Landlordamount so paid, together with interest at the Interest Rate and reasonable attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord as Additional Rent.
Appears in 1 contract