Notices of Commencement of Construction Clause Samples

Notices of Commencement of Construction. 25 28. Limitation on Liability of Landlord and Tenant............................................................. 25 29. "Net" Lease................................................................................................ 25 30.

Notices of Commencement of Construction. If required by the laws of the Facility State with respect to the related Leased Property or in the event permitted by the laws of the Facility State with respect to the related Leased Property and Landlord so requests, upon Tenant giving Notice to Landlord of its intended construction, and if Tenant reasonably contemplates that construction of any work on the applicable Leased Property will cost, in the aggregate, Two Hundred Fifty Thousand Dollars ($250,000.00) or more for such project, prior to commencement by Tenant of any work on the applicable Leased Property which shall have been previously permitted by Landlord as provided in this Lease, Tenant shall record or file a notice of the commencement of such work (the "Notice of Commencement") in the land records of the county in which such Leased Property is located, identifying Tenant as the party for whom such work is being performed, stating such other matters as may be required by applicable law and requiring the service of copies of all notices, liens or claims of lien upon Landlord. Any such Notice of Commencement shall clearly reflect that the interest of Tenant in the applicable Leased Property is that of a leasehold estate and shall also clearly reflect that the interest of Landlord, as the fee simple owner of the applicable Leased Property, shall not be subject to mechanics or materialmen's liens on account of the work which is the subject of such Notice of Commencement. A copy of any such Notice of Commencement shall be furnished to and approved by Landlord (in Landlord's reasonable discretion) and its attorneys prior to the recording or filing thereof, as aforesaid.

Notices of Commencement of Construction. Notwithstanding anything to the contrary contained in Ohio Revised Code Section 1311.01 et seq. or in this Lease, Tenant shall not be deemed to be a partner, joint venturer or agent of Landlord. Tenant agrees that it shall not enter into any contract for improvements to the Leased Property unless the following language is included in such contract: “Notwithstanding anything herein contained to the contrary, the contractor acknowledges that (insert name of Tenant) holds only a leasehold interest in the property which is the subject of this contract. (Name of Tenant) is not the agent of the owner of the property, and no lien resulting from work performed under this contract shall attach to the interest of such owner.” Tenant shall not permit any work to be commenced until such time as Tenant has provided Landlord with a fully executed copy of the construction contract evidencing incorporation of the aforesaid language. In addition, prior to the performing of any labor or work or the furnishing of any material for an improvement to the Leased Property, Tenant shall: (i) post the following notice in a conspicuous place on the Leased Property, and shall assure that such notice is maintained throughout the entire course of construction:

Notices of Commencement of Construction. If required by the laws of the State in which the Premises is located, prior to commencement by Tenant of any work on the Premises which shall have been previously permitted by Landlord as provided in this Lease, Tenant shall record or file a notice of the commencement of such work or similar notice required by applicable law (the "Notice of Commencement") in the land records of the County in which the Premises are located, identifying Tenant as the party for whom such work is being performed, stating such other matters as may be required by law and requiring the service of copies of all notices, liens or claims of lien upon Landlord. Any such Notice of Commencement shall clearly reflect that the interest of Tenant in the Premises is that of a leasehold estate and shall also clearly reflect that the interest of Landlord as the fee simple owner of the Premises shall not be

Notices of Commencement of Construction. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be deemed to be a partner, joint venturer or agent of Landlord. Tenant agrees that any contracts it enters into for improvements to the Leased Property shall clearly state that Landlord is not responsible for the obligations of Tenant thereunder. Further, Tenant shall not permit any Major Alteration to be commenced until such time as Tenant has provided Landlord with a fully executed copy of the construction contract evidencing incorporation of the aforesaid language.

Notices of Commencement of Construction. Prior to commencement by Tenant of any work on a Demised Property, Tenant shall record or file a notice of the commencement of such work or any other notice or document required or allowed by applicable law (the “Notice of Commencement”) in the land records of the County in which the Demised Property is located and/or such other places as directed by or provided by applicable law, identifying Tenant as the party for whom such work is being performed, stating such other matters as may be required by law and requiring the service of copies of all notices, liens or claims of lien upon Landlord. Any such Notice of Commencement shall clearly reflect that the interest of Tenant in the Demised Property is that of a leasehold estate and shall also clearly reflect that the interest of Landlord as the fee simple owner of the Demised Property shall not be subject to mechanics or materialmen’s liens on account of the work which is the subject of such Notice of Commencement. A copy of any such Notice of Commencement shall be furnished to and approved by Landlord and its attorneys prior to the recording or filing thereof, as aforesaid.

Notices of Commencement of Construction. 15 29. LIMITATION ON LIABILITY OF LANDLORD..............................................................................15 30. FRANCHISE OF LICENSE AGREEMENTS..................................................................................15 31.