Protection of County Against Cost or Claim. No reference to the Mechanic's Lien Law made in this Lease shall be construed to be an agreement or an acknowledgment that such law applies to improvements constructed pursuant to this Lease, or that such improvements are, or are not, public works. Tenant shall pay, or caused to be paid, the total cost and expense of all works of improvement, as that phrase is defined in the Mechanics' Lien Law (commencing with California Civil Code § 3109). No such payment shall be construed as rent. Tenant shall not suffer or permit to be enforced against the Premises, or any part of it, any recorded mechanic's, materialman's, contractor's or subcontractor's lien, arising from any work of improvement, however it may arise. However, Tenant may, in good faith, and at Tenant's own expense, contest the validity of any such asserted lien, claim, or demand, provided Tenant has furnished, within ten (10) days of recordation of such a lien, the bond required in Civil Code § 3143 (or any comparable statute hereafter enacted for providing a bond freeing the premises from the effect of such a lien claim.) Tenant shall defend and indemnify County against all liability and loss of any type, arising out of work performed on the Premises by Tenant, together with reasonable attorney's fees and all costs and expenses incurred by County in negotiating, settling, defending, or otherwise protecting against such claims; provided, however, that the County shall not negotiate or settle any such liability or loss of any type without first securing in each instance the specific written consent of Tenant.
Protection of County Against Cost or Claim. LESSEE shall pay, or cause to be paid, the total cost and expense of all works of improvements, as that phrase is defined in the mechanic's lien law in effect at the place of construction when the work begins. No such payment shall be construed as rent. LESSEE shall not suffer or permit to be enforced against the Leased Premises or any part of it any mechanic's, materiel man’s, contractor's, or sub-contractor's lien arising from any work of improvement, however it may arise. XXXXXX shall defend and indemnify COUNTY against all liability and loss of any type arising out of work performed on the Leased Premises by XXXXXX, together with reasonable attorney's fees and all costs and expenses incurred by COUNTY in negotiating, settling, defending, or otherwise protecting against such claims.
Protection of County Against Cost or Claim. City shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the mechanic’s lien law in effect at the place of construction when the work begins. The County shall be notified, at least 7 days prior to the date of construction, so that the County can post a proper Notice of Responsibility. No such payment shall be construed as rent. City shall not suffer or permit to be enforced against the Premises or any part of it any mechanic’s, PM materialman’s, contractor’s, or subcontractor’s lien arising from any work or improvement, however it may arise. However, City may in good faith and at City’s own expense contest the validity of any such asserted lien, claim, or demand, provided City has furnished the bond required in California Civil Code Section 3143. City shall defend, indemnify and hold the County harmless against all liability and loss of any type arising out of work performed on the Premises by City, together with reasonable attorney’s fees and all costs and expenses incurred by City in negotiating, settling, defending, or otherwise protecting against such claims. No consent given by County to City however shall be construed to make City a “participating owner” and therefore ineligible for the protection offered under Civil Code Section 3094 and 3129 (Notices of Nonresponsibility).
