Protection of Landlord. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANIC’S OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE FEE ESTATE. NOTHING IN THIS LEASE SHALL BE DEEMED OR CONSTRUED IN ANY WAY TO CONSTITUTE LANDLORD’S CONSENT OR REQUEST, EXPRESS OR IMPLIED, BY INFERENCE OR OTHERWISE, TO ANY CONTRACTOR, SUBCONTRACTOR, LABORER, EQUIPMENT OR MATERIAL SUPPLIER FOR THE PERFORMANCE OF ANY LABOR OR THE FURNISHING OF ANY MATERIALS OR EQUIPMENT FOR ANY CONSTRUCTION, NOR AS GIVING TENANT ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR, OR PERMIT THE RENDERING OF, ANY SERVICES, OR THE FURNISHING OF ANY MATERIALS THAT WOULD GIVE RISE TO THE FILING OF ANY LIENS AGAINST THE FEE ESTATE. TENANT SHALL INDEMNIFY LANDLORD AGAINST ANY CONSTRUCTION UNDERTAKEN BY TENANT OR ANYONE CLAIMING THROUGH TENANT, AND AGAINST ALL PROHIBITED LIENS.
Protection of Landlord. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant or any Subtenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the Fee Estate. Nothing in this Lease shall be deemed or construed in any way to constitute Landlord's consent or request, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, equipment or material supplier for the performance of any labor or the furnishing of any materials or equipment for any improvement, alteration or repair of, or to, the Premises, or any part of the Premises, nor as giving Tenant or any Subtenant any right, power or authority to contract for, or permit the rendering of, any services, or the furnishing of any materials that would give rise to the filing of any liens against the Fee Estate. Tenant shall Indemnify Landlord against any work performed on the Premises and/or the Shoreside Complex for or by Tenant or any Subtenant.
Protection of Landlord. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the Fee Estate or Landlord's leasehold interest in any Fee Estate subject to a Third Party Lease, the Leemilt's Lease, a Power Test Lease, or the Gettymart Lease. Nothing in this Restated Lease shall be deemed or construed in any way to constitute Landlord's consent or request, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, equipment or material supplier for the performance of any labor or the furnishing of any materials or equipment for any improvement, alteration or repair of, or to, any Property, or any part thereof, nor as giving Tenant any right, power or authority to contract for, or permit the rendering of, any services, or the furnishing of any materials that would give rise to the filing of any liens against the Fee Estate or Landlord's leasehold interest in any Fee Estate subject to a Third Party Lease, the Leemilt's Lease, or a Power Test Lease, or the Gettymart Lease. Nothing contained in the preceding sentence shall be deemed to require Landlord's consent to such matters. Tenant shall Indemnify Landlord against any Construction Work performed on any Property for or by Tenant, including any Prohibited Lien arising from such Construction Work performed by or on behalf of Tenant or Subtenant or their respective agents, contractors, or employees.
Protection of Landlord. Notwithstanding anything to the contrary in any Applicable Laws (save and except to the extent a Tenant may not contract out a right or protection provided by law), the exercise by the Landlord of any of the rights and remedies reserved to it under this Article shall not:
(a) require the service of any notice or demand by the Landlord to the Tenant of any Event of Default;
(b) require the resort by the Landlord to any legal proceedings;
(c) constitute a breach of the covenant for quiet enjoyment or constitute an actual or constructive eviction, forfeiture, surrender of this Lease, termination of this Lease or a re-entry into the Property, unless the Landlord elects in writing to effect such eviction, forfeiture, surrender, termination or re-entry;
(d) render the Landlord liable or responsible in any way to the Tenant or others for any act, fault, occurrence or for any cause whatsoever, including any injury, personal discomfort or death to any person, loss or damage to any of the Tenant’s Property or others and any Claims; or
(e) render the Landlord subject to any prosecution; unless otherwise expressly provided in this Lease. Any breach by the Landlord under this Lease can be adequately compensated in damages and the Tenant agrees that its only remedy to enforce its rights under this Lease is an action for damages.
Protection of Landlord. Nothing in this Lease shall be construed as constituting the consent of Landlord expressed or implied, to the performance of any labor or the furnishing of any materials or any specific improvements, alterations of or repairs to the Premises or the Hotel or the improvements thereon, or any part thereof, by any contractor, subcontractor, laborer or materialman, nor as giving Tenant or any other person any right, power or authority to act as agent of or to contract for, or permit the rendering of, any services or the furnishing of any materials in such manner as would give rise to the filing of mechanics' liens or other claims against the fee of the Premises or the Hotel or the improvements thereon, or the Ground Lease. Landlord shall have the right at all times to post, and keep posted, on the Premises any notices which Landlord may deem necessary for the protection of Landlord and of the Premises and the Hotel and the improvements thereon from mechanics' liens or other claims. In addition, but subject to Section 6.6(b) hereof, Tenant shall make, or cause to be made, prompt payment of all
Protection of Landlord. Notwithstanding anything to the contrary in the Lease or the Sublease, Landlord shall not be liable for or bound by any of the following matters:
Protection of Landlord. Nothing in this Ground Lease shall be construed as constituting the consent of Landlord, expressed or implied, to the performance of any labor or the furnishing of any materials in connection with any Alterations by any contractor, subcontractor, laborer or materialman, nor as giving Tenant or any other person any right, power or authority to act as agent of, or to contract for or permit the rendering of, any services, or the furnishing of any materials, in such manner as would give rise to the filing of mechanics’ liens or other claims against the Premises or Facility. Landlord shall have the right at all reasonable times to post, and keep posted, on the Facility and the Premises any notices which Landlord may reasonably deem necessary for the protection of Landlord and of the Premises and Facility from mechanics’ liens or other claims. Tenant shall give Landlord 10 days’ prior written notice of the commencement of any Alterations to be done on or about the Facility or Premises to enable Landlord to post such notices. In addition, Landlord may in its discretion require Tenant to furnish to Landlord at Tenant’s expense reasonable improvement security, including performance and labor and materials bonds, prior to commencement of any Alterations. Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons doing any Alterations or furnishing any materials or supplies to Tenant or any of its contractors or subcontractors in connection therewith.
Protection of Landlord. Tenant agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Premises or any portion of the Project from the performance of any work of alteration, maintenance or repair pursuant to this Lease, and shall indemnify and hold Landlord and the Premises harmless against any and all liens, claims, liabilities and losses in any way arising out of the performance of work or the furnishing of labor, skill and materials. Tenant shall have the right to contest any claim of lien in good faith by appropriate judicial or arbitration proceedings, provided that Tenant protects the Premises against foreclosure or sale, and pays any amount finally determined to be due promptly upon such final determination. If Tenant fails to perform as required in this section, Landlord may pay the amount of any such lien or claim together with any and all interest, costs and penalties and the amount so paid shall become immediately due and payable by Tenant to Landlord as additional rent.
Protection of Landlord. Tenant shall indemnify and save Landlord harmless against and from any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from the operation of the business conducted by Tenant in the Demised Premises or arising from the construction of Tenant’s improvements, from any default by Tenant in the performance of any of the covenants, conditions or provisions of this Lease, or from any act or negligence or omission to act of Tenant, its agents, contractors, servants, employees, sub lessees, concessionaires, business invitees, customers, licensees in or about the Demised Premises or in any connection with this Lease or any sublease. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant agrees to pay the reasonable costs and expenses thereof including counsel fees and any judgments or settlement of claim secured against Landlord by reason of such action or proceeding.
Protection of Landlord. Nothing in this Ground Lease shall be construed as constituting the consent of Landlord, expressed or implied, to the performance of any labor or the furnishing of any materials in connection with any Alterations by any contractor, subcontractor, laborer or materialman, nor as giving Tenant or any other person any right, power or authority to act as agent of, or to contract for or permit the rendering of, any services, or the furnishing of any materials, in such manner as would give rise to the filing of mechanics’ liens or other claims against Landlord’s interests in the Premises or Improvements. While as a public entity Landlord’s interest in the Premises or Improvements is not subject to lien, Landlord shall have the right at all reasonable times to post, and keep posted, on the Improvements and Landlord’s interests in the Premises any notices which Landlord may reasonably deem necessary for the protection of Landlord and of the Premises and Improvements from mechanics’ liens or other claims. Tenant shall give Landlord 10 days’ prior written notice of the commencement of any Alterations (other than Minor Alterations) to be done on or about the Improvements or Premises to enable Landlord to post such notices. In addition, for any Alterations costing in excess of $3,000,000, Landlord may in its discretion require Tenant to furnish to Landlord at Tenant’s expense reasonable improvement security, including performance and labor and materials bonds, each in the amount of not less than 100% of the construction costs of the Alterations, before commencing such Alterations. Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons doing any Alterations or furnishing any materials or supplies to Tenant or any of its contractors or subcontractors in connection therewith.
