Common use of No Liens; Indemnification Clause in Contracts

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises or the Project or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other for the payment of money shall be filed against Landlord, the Premises, the Project, or any portion thereof, or interest herein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of the cost of labor preformed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the Project. No contractor of Tenant is intended to be a third-party beneficiary with respect to the costs for construction of the Initial Tenant Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises. Default by Tenant under this Addendum 2 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporation

Appears in 2 contracts

Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)

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No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's ’s work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Landlord’s Construction Allowance, or the agreement of Landlord to make such Landlord’s Construction Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form from all claims (including all reasonable costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises, except to the extent caused by the negligence or willful misconduct of Landlord. Any Default by Tenant under this Addendum 2 Exhibit B shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Tenant Improvements or the Final Plans and/or any monitoring of the construction of the Tenant Improvements by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 2 contracts

Samples: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's Contractor’s Design-Builder, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Tenant’s Initial Tenant ImprovementsWork, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's ’s work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Improvement Allowance, or the agreement of Landlord to make such Improvement Allowance available for payment of or reimbursement for the costs for of construction of the Tenant’s Initial Tenant ImprovementsWork. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises, including, without limitation, any claim of lien against all or any portion of the Premises. Default Any default by Tenant under this Addendum 2 Work Letter continuing for thirty (30) days following written notice from Landlord shall constitute a default an Event of Default by Tenant under the Lease (to which no additional notice, grace or cure period shall apply) for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Tenant’s Initial Work or the Final Plans and/or any monitoring of the construction of the Tenant’s Initial Work by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Quanterix Corp)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Expansion Space, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's Contractorits contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the PremisesExpansion Space, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Work Deposit, or the agreement of Landlord to make such Work Deposit available for payment of or reimbursement for the costs for of construction of the Initial Tenant Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises Expansion Space and the ProjectBuilding, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the PremisesExpansion Space. Default Any default by Tenant under this Addendum 2 Exhibit B shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporation.

Appears in 1 contract

Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises or the Project Project, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the Project, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the Project. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Allowance, or the agreement of Landlord to make such Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises. Default by Tenant under this Addendum 2 C shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporation.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Suite 110 Expansion Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work the Suite 110 Expansion Improvements on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Suite 110 Expansion Allowance, or the agreement of Landlord to make such Suite 110 Expansion Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Suite 110 Expansion Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, Landlord harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Suite 110 Expansion Premises. Any Default by Tenant under this Addendum 2 Exhibit B-2 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Suite 110 Expansion Improvements or the Final Plans and/or any monitoring of the construction of the Suite 110 Expansion Improvements by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 1 contract

Samples: Lease (Alder Biopharmaceuticals Inc)

No Liens; Indemnification. Tenant Lessee shall pay, when due, all costs and claims for labor or materials furnished or alleged to have been furnished to the Premises (other than any of the same that may have been provided on Lessor’s behalf), which costs and claims are or may be secured by any mechanic’s or materialmen’s lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days’ notice prior to the commencement of any material work in, on or about the Premises, and Lessor shall have the right to post notices of non-responsibility in, on or about the Premises. Notwithstanding anything to the contrary herein, Lessee shall have no authority right, express or implied, to place any lien upon the Premises or the Project or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's Contractor, or any subcontractors or materialmen, create any lien, affidavitcharge or encumbrance upon the interest of Lessor or Lessee hereunder or in the Premises (and such lien, charge or other encumbrance, an “Encumbrance”). Lessee shall satisfy or otherwise discharge all Encumbrances within ten (10) business days after Lessor notifies Lessee that any such Encumbrance has been filed. If Lessee fails to pay or remove any Encumbrance within such ten (10) business day period, Lessor may elect to (but shall not be obligated to) pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the payment of money validity thereof, and Lessee shall be filed against Landlordthereafter, within five (5) days following demand by Lessor therefor, pay to Lessor as Additional Rent, the Premisesamount so paid by Lessor. If Lessee shall contest the validity of any such Encumbrance, the Project, or any portion thereof, or interest herein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant then Lessee shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of the cost of labor preformed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the Project. No contractor of Tenant is intended to be a third-party beneficiary with respect to the costs for construction of the Initial Tenant Improvements. Tenant agrees to expense indemnify, defend and hold Landlordprotect itself, Lessor and the Premises against any and the Project, harmless form all claims Claims (including all costs and expenses of defending against such claimsdefined below) arising or alleged to arise from any act or omission of Tenant or Tenant's agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect relating to the Premisessame and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. Default by Tenant under this Addendum 2 If Lessor shall constitute require, Lessee shall furnish a default by Tenant under surety bond in an amount equal to one and one-half times the Lease amount of such contested lien, claim or demand, indemnifying Lessor against liability for all purposesthe same. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06If Lessor is joined as a party to or reasonably elects to participate in any such action, BETWEEN ProLogis, a Maryland real estate investment trust Lessee shall pay Lessor’s reasonable attorneys’ fees and Ikanos Communications, a California corporationcosts.

Appears in 1 contract

Samples: Industrial Lease (Solyndra, Inc.)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Second Extension Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's ’s work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Second Extension Allowance, or the agreement of Landlord to make such Second Extension Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Second Extension Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises. Any Default by Tenant under this Addendum 2 Exhibit A shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Second Extension Improvements or the Final Plans and/or any monitoring of the construction of the Second Extension Improvements by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 1 contract

Samples: Lease (Alder Biopharmaceuticals Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Phase II Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Phase II Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen thirty (1530) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Phase II Premises Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the Projectconstruction of the Phase II Premises Improvements. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Phase II Premises Allowance, or the agreement of Landlord to make such Phase II Premises Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Phase II Premises Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, Landlord harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the PremisesPhase II Premises except to the extent caused by or related to the negligence or willful misconduct of Landlord or its agents or employees. Any default by Tenant under this Exhibit B-2 shall constitute a Default by Tenant under this Addendum 2 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporationLease.

Appears in 1 contract

Samples: Lease Agreement (Salesforce Com Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Phase I Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Phase I Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen thirty (1530) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Phase I Premises Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the Projectconstruction of the Phase I Premises Improvements. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Phase I Premises Allowance, or the agreement of Landlord to make such Phase I Premises Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Phase I Premises Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, Landlord harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the PremisesPhase I Premises except to the extent caused by or related to the negligence or willful misconduct of Landlord or its agents or employees. Any default by Tenant under this Exhibit B-1 shall constitute a Default by Tenant under this Addendum 2 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporationLease.

Appears in 1 contract

Samples: Lease Agreement (Salesforce Com Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Suite 100 Expansion Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the ProjectSuite 100 Expansion Improvements in the Building. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Suite 100 Expansion Allowance, or the agreement of Landlord to make such Suite 100 Expansion Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Suite 100 Expansion Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, Landlord harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Suite 100 Expansion Premises. Any Default by Tenant under this Addendum 2 Exhibit B-1 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Suite 100 Expansion Improvements or the Final Plans and/or any monitoring of the construction of the Suite 100 Expansion Improvements by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 1 contract

Samples: Lease (Alder Biopharmaceuticals Inc)

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No Liens; Indemnification. Tenant Sublessee shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant Sublessee have any authority in any way to bind LandlordSublessor, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of TenantSublessee, or Tenant's Sublessee’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against LandlordSublessor, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant Sublessee shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant Sublessee of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Sublessee Improvements, Tenant Sublessee acts as principal and not as the agent of LandlordSublessor. Landlord Sublessor expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to TenantSublessee. Landlord Sublessor may post one or more "notices of non-responsibility" for Tenant's Xxxxxxxxx’s work on the ProjectBuilding. No contractor of Tenant Sublessee is intended to be a third-party beneficiary with respect to the Sublessee Improvement Allowance, or the agreement of Sublessor to make such Sublessee Improvement Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Sublessee Improvements. Tenant Sublessee agrees to indemnify, defend and hold LandlordSublessor, the Premises and the Project, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant Sublessee or Tenant's Sublessee’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant Sublessee or its contractors or subcontractors with respect to the Premises. Default Any default by Tenant Sublessee under this Addendum 2 Exhibit C shall constitute a default by Tenant Sublessee under the Lease Sublease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Sublessor with respect to the Sublessee Improvements or the SI Construction Documents and/or any monitoring of the construction of the Sublessee Improvements by Sublessor shall not make Sublessor liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Sublessor with respect to any such matters.

Appears in 1 contract

Samples: Sublease Agreement (Eterna Therapeutics Inc.)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises or the Project or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other for the payment of money shall be filed against Landlord, the Premises, the Project, or any portion thereof, or interest herein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of the cost of labor preformed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's ’s work on the Project. No contractor of Tenant is intended to be a third-party beneficiary with respect to the costs for construction of the Initial Tenant Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises. Default by Tenant under this Addendum 2 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporation

Appears in 1 contract

Samples: Lease Agreement (Ikanos Communications)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Phase III Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Phase III Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen thirty (1530) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Phase III Premises Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's work on the Projectconstruction of the Phase III Premises Improvements. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Phase III Premises Allowance, or the agreement of Landlord to make such Phase III Premises Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Phase III Premises Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, Landlord harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the PremisesPhase III Premises except to the extent caused by or related to the negligence or willful misconduct of Landlord or its agents or employees. Any default by Tenant under this Exhibit B-3 shall constitute a Default by Tenant under this Addendum 2 shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporationLease.

Appears in 1 contract

Samples: Lease Agreement (Salesforce Com Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's ’s Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's ’s work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Landlord’s Construction Allowance, or the agreement of Landlord to make such Landlord’s Construction Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Premises and the Project, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises. Any Default by Tenant under this Addendum 2 Exhibit B shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Tenant Improvements or the Final Plans and/or any monitoring of the construction of the Tenant Improvements by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 1 contract

Samples: Office Lease (Xencor Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Original Leased Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, ,because of any actual or alleged act or omission of Tenant, or Tenant's Contractorits contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Original Leased Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials mate.rials for construction of the Initial Tenant Original Leasehold Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-non­ responsibility" '' for Tenant's work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Improvement Allowance, or the agreement of Landlord to make such Improvement Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Original Leasehold Improvements. Tenant agrees to indemnify, defend and hold Landlord, the Original Leased Premises and the ProjectBuilding, harmless form from all claims (including all costs and expenses of defending against such claims) arising a.rising or alleged to arise from any act or omission of Tenant or Tenant's agents, employees, contractor, subcontractors, suppliers, materialmenmate.rialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Original Leased Premises. Default Any default by Tenant under this Addendum 2 Exhibit G shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06, BETWEEN ProLogis, a Maryland real estate investment trust and Ikanos Communications, a California corporation.

Appears in 1 contract

Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc)

No Liens; Indemnification. Tenant shall have no authority to place any lien upon the Premises Premises, or the Project Building, or any portion thereof or interest therein, nor shall Tenant have any authority in any way to bind Landlord, and any attempt to do so shall be void and of no effect. If, because of any actual or alleged act or omission of Tenant, or Tenant's the General Contractor, or any subcontractors or materialmen, any lien, affidavit, charge or other order for the payment of money shall be filed against Landlord, the Premises, the ProjectBuilding, or any portion thereof, thereof or interest hereintherein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its sole cost and expense, cause the same to be discharged of record by payment, bonding or otherwise no later than fifteen thirty (1530) days after notice to Tenant of the filing hereofthereof, but in any event prior to the foreclosure thereof. With respect to the contract for labor or materials for construction of the Initial Tenant Improvements, Tenant acts as principal and not as the agent of Landlord. Landlord expressly disclaims liability of for the cost of labor preformed performed for or supplies or materials furnished to Tenant. Landlord may post one or more "notices of non-responsibility" for Tenant's ’s work on the ProjectBuilding. No contractor of Tenant is intended to be a third-party beneficiary with respect to the Landlord’s Construction Allowance, or the agreement of Landlord to make such Landlord’s Construction Allowance available for payment of or reimbursement for the costs for of construction of the Initial Tenant Improvements. Subject to Article 12 of the Lease, Tenant agrees to indemnify, defend and hold Landlord, the Premises Premises, the Building and the Project, harmless form from all claims (including all costs and expenses of defending against such claims) arising or alleged to arise from any act or omission of Tenant or Tenant's ’s agents, employees, contractor, subcontractors, suppliers, materialmen, architects, designers, surveyors, engineers, consultants, laborers, or invitees, or arising from any bodily injury or property damage occurring or alleged to have occurred incident to any of the work to be performed by Tenant or its contractors or subcontractors with respect to the Premises. Any Default by Tenant under this Addendum 2 Exhibit A shall constitute a default by Tenant under the Lease for all purposes. ADDENDUM 3 RENEWAL OPTION (BASEBALL ARBITRATION) ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED 2/7/06Additionally, BETWEEN ProLogisany approval given by Landlord with respect to the Tenant Improvements or the Final Plans and/or any monitoring of the construction of the Tenant Improvements by Landlord shall not make Landlord liable or responsible in any way for the condition, a Maryland real estate investment trust and Ikanos Communicationsquality or function of such matters or constitute any undertaking, a California corporationwarranty or representation by Landlord with respect to any such matters.

Appears in 1 contract

Samples: Office Lease (Schrodinger, Inc.)

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