Common use of Protection Against Liens Clause in Contracts

Protection Against Liens. (a) Tenant shall do all things necessary to prevent the filing of any mechanics’, materialmen’s, or other type of lien or claim against Landlord or the Property by, against, through, or under Tenant or its contractors. If any such lien or claim is filed as a result of any non-payment by Tenant of its own contractors, Tenant shall either cause the same to be discharged within thirty (30) days after filing, or if Tenant in its discretion and in good faith determines that such lien or claim should be contested and if all required consents or approvals of Landlord’s Mortgagee are obtained, Tenant shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Property during the pendency of such contest. If Tenant fails to discharge such lien or claim within such 30-day period or 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 alleged to be due or by giving appropriate security. If Landlord discharges or secures such lien or claim, then Tenant shall reimburse Landlord on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees and costs of litigation) so incurred by Landlord. (b) Landlord shall do all things necessary to prevent the filing of any mechanics’, materialmen’s, or other type of lien or claim against Tenant or Tenant’s leasehold estate in the Property by, against, through, or under Landlord or its contractors. If any such lien or claim is filed, Landlord shall either cause the same to be discharged within thirty (30) days after filing, or if Landlord in its discretion and in good faith determines that such lien or claim should be contested and if all required consents or approvals of Landlord’s Mortgagee are obtained, Landlord shall furnish such security as may be necessary to prevent any foreclosure proceedings against Tenant’s leasehold estate in the Property during the pendency of such contest. If Landlord fails to discharge such lien or claim within such 30-day period or fails to furnish such security, then Tenant may at its election, in addition to any other right or remedy available to it, discharge the lien or claim by paying the amount alleged to be due or by giving appropriate security. If Tenant discharges or secures such lien or claim, then Landlord shall reimburse Tenant on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees and costs of litigation) so incurred by Tenant.

Protection Against Liens. (a) Tenant shall do Pay and discharge all things necessary claims for labor performed and material and services furnished in connection with construction of the CCRC, to prevent diligently record or procure the filing recordation of any mechanics’a valid notice of completion, materialmen’sif applicable, upon completion of construction, to diligently record or other type procure for recordation of lien or claim against Landlord or a notice of cessation, if applicable, in the Property byevent of a cessation of labor, against, through, or under Tenant or its contractors. If any such lien or claim is filed as on the work of the CCRC for a result continuous period of any non-payment by Tenant of its own contractors, Tenant shall either cause the same to be discharged within thirty (30) days after filingor more, and to take all other steps necessary to forestall the assertion of claims or if Tenant in its discretion and liens either against the Land or the Improvements or any part thereof or right or interest appurtenant thereto or of claims against Lender or the Loan proceeds. Borrower shall give Lender written notice within ten (10) days of Borrower’s receipt of notice that a mechanic’s lien has been filed, along with a copy of the recorded lien. Nothing herein contained shall require Borrower to pay any claims for labor, materials or services which Borrower, in good faith determines that such lien or claim should be contested disputes and if all required consents or approvals of Landlord’s Mortgagee are obtainedwhich Borrower, Tenant shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Property during the pendency of such contest. If Tenant fails to discharge such lien or claim within such 30-day period or fails to furnish such security, then Landlord may at its electionown expense, in addition to any other right or remedy available to itis currently and diligently contesting; provided, discharge however, that not later than ten (10) days after the lien or claim by paying the amount alleged to be due or by giving appropriate security. If Landlord discharges or secures such lien or claim, then Tenant shall reimburse Landlord on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees and costs notice of litigation) so incurred by Landlord. (b) Landlord shall do all things necessary to prevent the filing of any mechanics’claim or lien against the Land and/or the Improvements which is disputed or contested by Borrower, materialmen’sBorrower shall either (a) record or cause to be recorded a surety bond sufficient to release said claim or lien and promptly give notice of such recordation to the lienholder or claimant, or (b) make other type arrangements therefor satisfactory to Lender. Lender shall not be required (a) to extend the Maturity Date by reason of lien or claim against Tenant or TenantBorrower’s leasehold estate in the Property by, against, throughfailure to pay such claims, or under Landlord (b) to make any disbursements of the proceeds of the Loan until any mechanic’s or its contractors. If any such materialmen’s lien claims have been waived or claim is filed, Landlord shall either cause the same to be discharged within thirty (30) days after filing, or if Landlord in its discretion and in good faith determines that such lien or claim should be contested and if all required consents or approvals of Landlordinsured over by Lender’s Mortgagee are obtained, Landlord shall furnish such security as may be necessary to prevent any foreclosure proceedings against Tenant’s leasehold estate in the Property during the pendency of such contest. If Landlord fails to discharge such lien or claim within such 30-day period or fails to furnish such security, then Tenant may at its election, in addition to any other right or remedy available to it, discharge the lien or claim by paying the amount alleged to be due or by giving appropriate security. If Tenant discharges or secures such lien or claim, then Landlord shall reimburse Tenant on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees and costs of litigation) so incurred by Tenanttitle insurer.

Protection Against Liens. (a) Tenant shall do Pay and discharge all things necessary claims for labor performed and material and services furnished in connection with construction of the SNF, to prevent diligently record or procure the filing recordation of any mechanics’a valid notice of completion, materialmen’sif applicable, upon completion of construction, to diligently record or other type procure for recordation of lien or claim against Landlord or a notice of cessation, if applicable, in the Property byevent of a cessation of labor, against, through, or under Tenant or its contractors. If any such lien or claim is filed as on the work of the SNF for a result continuous period of any non-payment by Tenant of its own contractors, Tenant shall either cause the same to be discharged within thirty (30) days after filingor more, and to take all other steps necessary to forestall the assertion of claims or if Tenant in its discretion and liens either against the Land or the Improvements or any part thereof or right or interest appurtenant thereto or of claims against Lender or the Loan proceeds. Borrower shall give Lender written notice within ten (10) days of Borrower’s receipt of notice that a mechanic’s lien has been filed, along with a copy of the recorded lien. Nothing herein contained shall require Borrower to pay any claims for labor, materials or services which Borrower, in good faith determines that such lien or claim should be contested disputes and if all required consents or approvals of Landlord’s Mortgagee are obtainedwhich Borrower, Tenant shall furnish such security as may be necessary to prevent any foreclosure proceedings against the Property during the pendency of such contest. If Tenant fails to discharge such lien or claim within such 30-day period or fails to furnish such security, then Landlord may at its electionown expense, in addition to any other right or remedy available to itis currently and diligently contesting; provided, discharge however, that not later than ten (10) days after the lien or claim by paying the amount alleged to be due or by giving appropriate security. If Landlord discharges or secures such lien or claim, then Tenant shall reimburse Landlord on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees and costs notice of litigation) so incurred by Landlord. (b) Landlord shall do all things necessary to prevent the filing of any mechanics’claim or lien against the Land and/or the Improvements which is disputed or contested by Borrower, materialmen’sBorrower shall either (a) record or cause to be recorded a surety bond sufficient to release said claim or lien and promptly give notice of such recordation to the lienholder or claimant, or (b) make other type arrangements therefor satisfactory to Lender. Lender shall not be required (a) to extend the Maturity Date by reason of lien or claim against Tenant or TenantBorrower’s leasehold estate in the Property by, against, throughfailure to pay such claims, or under Landlord (b) to make any disbursements of the proceeds of the Loan until any mechanic’s or its contractors. If any such materialmen’s lien claims have been waived or claim is filed, Landlord shall either cause the same to be discharged within thirty (30) days after filing, or if Landlord in its discretion and in good faith determines that such lien or claim should be contested and if all required consents or approvals of Landlordinsured over by Lender’s Mortgagee are obtained, Landlord shall furnish such security as may be necessary to prevent any foreclosure proceedings against Tenant’s leasehold estate in the Property during the pendency of such contest. If Landlord fails to discharge such lien or claim within such 30-day period or fails to furnish such security, then Tenant may at its election, in addition to any other right or remedy available to it, discharge the lien or claim by paying the amount alleged to be due or by giving appropriate security. If Tenant discharges or secures such lien or claim, then Landlord shall reimburse Tenant on written demand for all sums paid and all costs and expenses (including reasonable attorneys’ fees and costs of litigation) so incurred by Tenanttitle insurer.