Common use of Prohibition of Liens Clause in Contracts

Prohibition of Liens. Tenant shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Building. Tenant shall give Landlord at least fifteen (15) days’ written notice prior to the commencement of any work in the Premises, and Landlord shall have the right to post notices of nonresponsibility, or other notices permitted or required by law or which Landlord shall deem proper, in or on the Property or the Premises. Landlord’s interest in the Property shall not be subjected to liens of any nature by reason of any 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. If because of any act or omission of Tenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, Tenant shall, at its sole cost and expense, within fifteen (15) days following Tenant’s knowledge of the same, cause such lien to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise). Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liabilities, suits, penalties, expenses, claims and costs relating to such liens, including any reasonable attorneys’ fees. In the event that Tenant shall fail to comply with the foregoing provisions of this Section, Landlord shall have the option, but not the obligation of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant shall reimburse Landlord, upon demand and as additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the Interest Rate, until paid.

Prohibition of Liens. Tenant shall pay when due not do any act which shall in any way encumber the title of Landlord in and to the demised premises, nor shall any interest or estate of Landlord in the demised premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant and any claim to or lien upon the demised premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall in all claims for respects be subject and subordinate to the paramount title and rights of Landlord in and to the demised premises. Tenant will not permit the demised premises to become subject to any mechanics', laborers', or materialmen's lien on account of labor or materials material furnished to Tenant or alleged claimed to have been furnished to or for Tenant at or for use in the Building. Tenant shall give Landlord at least fifteen (15) days’ written notice prior to the commencement connection with work of any work in character performed or claimed to have been performed on the Premisesdemised premises by or at the direction or sufferance of Tenant; provided, and Landlord however, that Tenant shall have the right to post notices of nonresponsibilitycontest in good faith and with reasonable diligence, or other notices permitted or required by law or which Landlord shall deem proper, in or on the Property or the Premises. Landlord’s interest in the Property shall not be subjected to liens validity of any nature such lien or claimed lien if Tenant first gives to Landlord such security as may be demanded by Landlord to insure payment thereof and to prevent any sale, foreclosure or forfeiture of the demised premises by reason of any Alterations, non-payment thereof and if on final determination of the lien 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. If because of any act or omission of Tenant, any such claim for lien, charge or encumbrance shall be imposedTenant will immediately pay any judgment rendered, claimed or filedwith all proper costs and charges, Tenant shalland will, at its sole cost and own expense, within fifteen (15) days following Tenant’s knowledge of the same, cause such lien to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise). Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liabilities, suits, penalties, expenses, claims and costs relating to such liens, including any reasonable attorneys’ fees. In the event that Tenant shall fail to comply with the foregoing provisions of this Section, Landlord shall have the option, but not the obligation of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance lien released and Tenant shall reimburse Landlord, upon demand and as additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the Interest Rate, until paidany judgment satisfied.

Prohibition of Liens. a) In accordance with the provisions of Section 713.10 of the Florida Construction Lien Law, Landlord (Owner) has apprised the Tenant that the Landlord (Owner) has or will be filing a Notice of Lien Prohibition in the public records of the County in which the building is located advising the public that any improvement work undertaken by Tenant on the subject property shall be only for the Tenant's account and that the Landlord (Owner's) interest in the property shall not be subject to any construction or Mechanic Liens in connection therewith. b) The Tenant shall pay when due all claims promptly, at the time of or prior to undertaking any contract for labor or materials furnished or alleged to have been furnished to or improvements for Tenant at or for use the Premises, apprise any contractor of the Landlord's Notice of Lien Prohibition and shall require that Tenant's selected contractor sign an Acknowledgment of the Owner's Prohibition of Mechanic Liens in the Buildinga form substantially as that set forth hereto as Exhibit "E". Tenant shall give provide the original signed Acknowledgment form to Landlord (Owner) at least fifteen (15) days’ written notice prior to or before the commencement of time that work commences in connection with any work in improved improvement on the Premises. c) The Landlord (Owner) has advised the Tenant that Tenant's failure to notify a contractor of the Landlord's (Owner's) Lien Prohibition on the subject property shall render any contract between the Tenant and such contractor voidable at the option of the contractor. d) Regardless of whether or not Landlord (Owner) approves the scope of construction work that might be performed by Tenant, any agent or subcontractor of Tenant, or any party working with authorization of Tenant or at the request of Tenant, Tenant shall be solely responsible for the payment of all construction costs associated therewith and Landlord no such party working on behalf of Tenant shall have the right to post notices file a lien against Landlord's (Owner's) property and such contractor or agent shall look solely to Tenant for payment. Tenant acknowledges and represents that any work undertaken or authorized by Tenant shall be for the benefit of nonresponsibility, or other notices permitted or required by law or which Tenant and that such work shall not be deemed to benefit the Landlord shall deem proper, in or on the Property or the Premises. Landlord’s 's interest in the Property shall not be subjected to Premises or the Building. Tenant specifically acknowledges that Landlord (Owner) has precluded liens of any nature by reason of any Alterations, against its property. Tenant also specifically acknowledges that Tenant is precluded from creating directly or by reason of authorizing any other act party to create or omission file any lien against Landlord's (Owner's) interests in the Property, the Building or the Premises as defined in the Lease. e) As a condition precedent to Tenant authorizing any construction work to be performed (even after Landlord's prior written consent as required in the Lease), Tenant shall provide all of its contractors with a copy of the attached "NOTICE OF LIEN PROHIBITION IN LEASE FLORIDA CONSTRUCTION LIEN LAW 713.10 (F.S. 1995)". f) Any violation of the foregoing covenants of Tenant shall constitute a material breach of this Lease and be a material default in this Lease and, therefore, provide Landlord (or of any person claiming by, through or under TenantOwner) includingwith all default remedies as permitted in, but not limited to, mechanics’ this Paragraph 13. Similarly, if any agent or contractor dealing with Tenant should file a lien against Landlord's (Owner's) interests in the Property, the Buildings or the Premises, then this act of such third party shall also constitute a material default in this Lease and materialmen’s liens. If because of entitle Landlord (Owner) to pursue any act one or omission of Tenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, Tenant shall, at its sole cost and expense, within fifteen (15) days following Tenant’s knowledge more of the same, cause such lien to be fully paid and satisfied Default Remedies or otherwise discharged of record (by bonding or otherwise). Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liabilities, suits, penalties, expenses, claims and costs relating to such liens, including any reasonable attorneys’ fees. In the event that Tenant shall fail to comply with the foregoing provisions of this Section, Landlord shall have the option, but not the obligation of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant shall reimburse Landlord, upon demand and as additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the Interest Rate, until paidOptions available.

Prohibition of Liens. Tenant shall pay when due not do any act which shall in any way encumber the title of Landlord in and to the demised premises, nor shall any interest or estate of Landlord in the demised premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue or any express or implied contract by Tenant and any claim to or lien upon the demised premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall in all claims for respects be subject and subordinate to the paramount title and rights of Landlord in and to the demised premises. Tenant will not permit the demised premises to become subject to any mechanics', laborers', or materialmen's lien on account of labor or materials material furnished to Tenant or alleged claimed to have been furnished to or for Tenant at or for use in the Building. Tenant shall give Landlord at least fifteen (15) days’ written notice prior to the commencement connection with work of any work in character performed or claimed to have been performed on the Premisesdemised premises by or at the direction or sufferance of Tenant; provided, and Landlord however, that Tenant shall have the right to post notices of nonresponsibilitycontest in good faith and with reasonable diligence, or other notices permitted or required by law or which Landlord shall deem proper, in or on the Property or the Premises. Landlord’s interest in the Property shall not be subjected to liens validity of any nature such lien or claimed lien if Tenant First gives to Landlord such security as may be demanded by Landlord to insure payment thereof and to prevent any sale, foreclosure or forfeiture of the demised premises by reason of any Alterations, non-payment thereof and if on final determination of the lien 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. If because of any act or omission of Tenant, any such claim for lien, charge or encumbrance shall be imposedTenant will immediately pay any judgment rendered, claimed or filedwith all proper costs and charges, Tenant shalland will, at its sole cost and own expense, within fifteen (15) days following Tenant’s knowledge of the same, cause such lien to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise). Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liabilities, suits, penalties, expenses, claims and costs relating to such liens, including any reasonable attorneys’ fees. In the event that Tenant shall fail to comply with the foregoing provisions of this Section, Landlord shall have the option, but not the obligation of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance lien released and Tenant shall reimburse Landlord, upon demand and as additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the Interest Rate, until paidany judgment satisfied.