Common use of No Liens Permitted Clause in Contracts

No Liens Permitted. Discharged. Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished, or claimed to have been done or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. If any lien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant's contractor to work on the Leased Premises shall be filed against the Building or any part thereof, Tenant, within fifteen (15) days after notice of the filing thereof, will 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 aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord.

Appears in 3 contracts

Samples: Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc)

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No Liens Permitted. Discharged. Tenant will hereby covenants that it shall not suffer or permit any Liens to be created encumber the Property or to remain undischarged any lien, encumbrance or charge (arising out its Leasehold Interest by reason of any work done work, labor, services or materials or supplies furnisheddone by, or claimed to have been done or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgagesupplied to, or otherwise by due to any acts or for omissions of Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. If any liensuch Lien shall at any time be recorded or filed against fee title or the Leasehold Interest to any portion of the Property, or Tenant shall provide District written notice thereof as soon as notice of lien on account of an alleged debt of Tenant such Lien (or any notice action relating thereto) comes to the knowledge of contract by a party engaged by Tenant or Tenant's contractor to work on the Leased Premises shall be filed against the Building or any part thereof, Tenant, within fifteen (15) days after notice of the filing thereof, will and shall cause the same to be discharged of record within thirty Days after the date of the recording or filing of same, by either payment, deposit, deposit or bond, order unless a bond therefor is already in effect. The failure of Tenant to discharge (or bond) a court Lien recorded or filed against the fee title to the Property, or any part thereof, within forty-five Days after the date of competent jurisdiction the recording or otherwisefiling of the Lien shall constitute a Default. If Tenant in good faith desires to contest the lien, Tenant shall fail be privileged to do so, but in such case Tenant hereby agrees to indemnify and save District harmless from all liability for damages, including reasonable attorneys’ fees and costs, occasioned thereby and shall, in the event of a judgment of foreclosure upon any mechanic’s lien, cause such lien or notice of lien the same to be discharged within and removed prior to the period aforesaid, thenexecution of such judgment. District may, in addition its sole discretion, require that the lien be transferred to bond as a condition precedent to Xxxxxx’s privilege to contest any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlordlien.

Appears in 1 contract

Samples: Ground Lease and Joint Occupancy Agreement

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No Liens Permitted. Discharged. Tenant will not permit Nothing contained in this Agreement shall be deemed or construed in any way as constituting the consent or request of Sellers, express or implied by inference or otherwise, to be created or to remain undischarged any lien, encumbrance or charge (arising out party for the performance of any work done or materials or supplies furnished, or claimed to have been done or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof labor or the income therefrom. Tenant will not suffer furnishing of any other matter or thing whereby the estate, rights and interests of Landlord in the Building or materials to any part thereof might be impaired. If any lien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant's contractor to work on the Leased Premises shall be filed against the Building Property or any part thereof, Tenantnor as giving Buyer any right, within fifteen power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any liens against any Property or any part thereof. Within five (155) days after notice following the date of the filing thereofthis Agreement, each related Seller, at Seller's sole cost and expense, will cause deliver to Buyer (or make available at each Premises) for Buyer's review, subject to the same confidentiality provision in Paragraph 24(h) hereof, to be discharged the extent not previously delivered to Buyer, true, correct and complete copies of record all survey, title, environmental, financial and/or other information related to each Property as Buyer may reasonably request to the extent in the possession or control of any Seller or its affiliates or available upon request or otherwise reasonably obtainable by paymentany of them. In addition, depositeach related Seller shall, bondupon request of Buyer, order make available to Buyer and Buyer's representatives and agents, for inspection and copying during normal business hours, all records located at each related Seller's corporate offices, and each related Seller agrees to provide Buyer copies of a court all other reasonably requested information related to the management, operation, use, occupancy or leasing of competent jurisdiction or otherwisetitle to each Property and the plans and specifications for development of each Property. If Tenant shall fail to cause such lien or notice of lien to be discharged within At any time during the period aforesaidInspection Period, thenBuyer may, in addition its sole and absolute discretion, elect not to proceed with the purchase of any other right Property for any reason whatsoever by giving written notice thereof to the related Seller, in which event: (i) the Initial Deposit or remedyTermination Return Portion (as applicable), Landlord maytogether with all accrued interest thereon, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitledpromptly returned by Escrowee to Buyer, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under (ii) this Lease and Agreement shall be paid terminated automatically as to such Property, (iii) Buyer shall promptly return to Sellers the document binders provided to Buyer by Tenant Sellers and (iv) Buyer and the related Seller will be relieved of all other rights, obligations and liabilities hereunder with respect to Landlord on demandsuch Property, except as expressly provided herein. Nothing herein contained shall obligate Tenant Buyer acknowledges receipt from Sellers of document binders containing certain preliminary information related to pay or discharge any lien created by Landlordthe Properties.

Appears in 1 contract

Samples: Agreement of Sale (Apple Hospitality Five Inc)

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