Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%).
Appears in 2 contracts
Samples: Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Inspire Pharmaceuticals Inc)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three five percent (35%).
Appears in 2 contracts
Samples: Sublease Agreement (Smart Online Inc), Lease Agreement (Cross Country Healthcare Inc)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty thirty (2030) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord involving such lien lien, together with interest on the total expenses and costs at an interest the rate equal to the Prime Rate plus three of eight percent (38%)) per annum.
Appears in 2 contracts
Samples: Lease Agreement (Ballantyne Strong, Inc.), Lease Agreement (Ballantyne Strong, Inc.)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three five percent (35%).
Appears in 1 contract
Samples: Change in Control Severance Agreement (Capital Bank Corp)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record records within twenty thirty (2030) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three two percent (32%).
Appears in 1 contract
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part portion of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ feesfees and costs) incurred by Landlord involving such lien lien, together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)maximum lawful rate.
Appears in 1 contract
Protection Against Liens. Tenant shall do all things necessary to prevent not permit the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty thirty (2030) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be reasonably necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) actually incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three two percent (32%).
Appears in 1 contract
Samples: Office Lease Agreement (Dova Pharmaceuticals, Inc.)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's, or other types type of liens whatsoever, lien or claim against all Landlord or any part of the Premises by reason of any claims made Property by, against, through through, or under TenantTenant or its contractors. If any such lien or claim is filed against the Premisesfiled, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing orfiling, or if Tenant in its discretion and in good faith determines that such lien or claim should be contestedcontested and if all required consents or approvals of Landlord's mortgagee are obtained, it Tenant shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises Property during the pendency of such contest. If Tenant shall fail fails to discharge such lien or claim within said time such 20-day period or fail fails to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien or claim by paying the amount claimed alleged to be due or by procuring the discharge by giving security or in such other manner as may be allowed by lawappropriate security. If Landlord acts to discharge discharges or secure the secures such lien or claim, then Tenant shall immediately reimburse Landlord on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees' fees and costs of litigation) so incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)Landlord.
Appears in 1 contract
Samples: Office Lease Agreement (Pinnacle Financial Partners Inc)
Protection Against Liens. Tenant Subject to paragraph 22, Lessee shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under TenantLessee. If any such lien is filed against the Premises, Tenant Lessee shall either cause the same to be discharged of record within twenty thirty (2030) days after filing or, if Tenant Lessee, in its discretion and in good faith faith, determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant Lessee shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord then, Lessor may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord Lessor acts to discharge or secure the lien then Tenant Lessee shall immediately reimburse Landlord Lessor for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord Lessor involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)maximum lawful rate.
Appears in 1 contract
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty thirty (2030) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)maximum lawful rate.
Appears in 1 contract
Samples: Lease Agreement (Syntel Inc)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’mechanic's, materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises Premises, the Building, the Land or the Park by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, the Building, the Land or the Park (or any portion thereof), Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant Tenant, in its discretion and in good faith faith, determines that such lien should be contested, it Tenant shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises Premises, the Building, the Land or the Park (or any portion thereof) during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may may, at its election, election and in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the any such lien as permitted herein, then Tenant shall immediately reimburse Landlord (as additional rent) for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving relative to such lien lien, together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)maximum lawful rate.
Appears in 1 contract
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three two percent (32%).
Appears in 1 contract
Samples: Lease Agreement (Icagen Inc)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien lien, then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien lien, together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)maximum lawful rate.
Appears in 1 contract
Protection Against Liens. Tenant shall do all things reasonably necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien lien, then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien lien, together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three percent (3%)maximum lawful rate.
Appears in 1 contract
Samples: Lease Agreement (H Power Corp)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing or recording of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises Premises, Building or Business Park by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premisesor recorded, Tenant shall either cause the same to be discharged of record within twenty thirty (2030) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three five percent (35%).
Appears in 1 contract
Samples: Lease Agreement (Novan, Inc.)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty thirty (2030) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three two percent (32%).
Appears in 1 contract
Samples: Sublease (Sciquest Com Inc)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three two percent (32%).
Appears in 1 contract
Samples: Lease Agreement (Oni Systems Corp)
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing Tenant first receives actual notice of such lien, or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three five percent (35%).
Appears in 1 contract
Protection Against Liens. Tenant shall do all things necessary to prevent the filing of any mechanics’', materialmen’s 's or other types of liens whatsoever, against all or any part of the Premises by reason of any claims made by, against, through or under Tenant. If any such lien is filed against the Premises, Tenant shall either cause the same to be discharged of record within twenty thirty (2030) days after notice of filing or, if Tenant in its discretion and in good faith determines that such lien should be contested, it shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to discharge such lien within said time period or fail to furnish such security, then Landlord may at its election, in addition to any other right or remedy available to it, discharge the lien by paying the amount claimed to be due or by procuring the discharge by giving security or in such other manner as may be allowed by law. If Landlord acts to discharge or secure the lien then Tenant shall immediately reimburse Landlord for all sums paid and all costs and expenses (including reasonable attorneys’ ' fees) incurred by Landlord involving such lien together with interest on the total expenses and costs at an interest rate equal to the Prime Rate plus three two percent (32%).
Appears in 1 contract
Samples: Consent to Sublease Agreement (Inspire Pharmaceuticals Inc)