Common use of Tenant's Covenant Clause in Contracts

Tenant's Covenant. If at any time during the Term, whether during the period of construction or reconstruction of buildings, or at any other time, any Prohibited Liens shall be filed against any Property or any part thereof relating to work authorized or approved by Tenant or Subtenant or their respective agents, contractors, or employees in respect of such Property, Tenant shall, at its expenses cause the same to be discharged, by payment, bonding or otherwise as provided by Law, within forty-five (45) days after Tenant receives Notice from Landlord that the Prohibited Lien was filed (but in any case within fifteen (15) days after receipt of Notice from Landlord of commencement of foreclosure proceedings), except for such liens that may have been incurred by Landlord arising from Landlord’s, a Third Party Lessor’s, the Leemilt’s Lessor’s, the Power Test Lessor’s or the Gettymart Lessor’s actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest to final judgment or decree any such Prohibited Lien prior to payment thereof pursuant to the provisions of Article 11 hereof. The mere existence of a Prohibited Lien shall not be construed as a Non-Material Default under this Restated Lease unless Tenant fails to take action as aforesaid. Should a Prohibited Lien be filed against the Premises or any Property as a result of the actions of Landlord, the Leemilt’s Lessor, the Power Test Lessor, or the Gettymart Lessor, Landlord shall, at its sole cost and expense, likewise cause such Prohibited Lien to be cleared of record.

Tenant's Covenant. If at any time during the Term, whether during the period of construction or reconstruction of buildings, or at any other time, any a Prohibited Liens shall be Lien is filed against any Property or any part thereof relating to work authorized or approved by Tenant or Subtenant or their respective agents, contractors, or employees in respect of such Property, then Tenant shall, at its expenses cause the same to be discharged, by payment, bonding or otherwise as provided by Law, within forty-five (45) 30 days after Tenant receives Notice from Landlord that the Prohibited Lien was filed later to occur of (but in any case within fifteen i) the filing of such lien, or (15ii) days after receipt Tenant’s actual knowledge of Notice from Landlord of commencement of foreclosure proceedings), except for such liens that may have been incurred by Landlord arising from Landlord’s, a Third Party Lessor’s, the Leemilt’s Lessor’s, the Power Test Lessor’s or the Gettymart Lessor’s actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest to final judgment or decree any such Prohibited Lien prior to payment thereof pursuant to the provisions of Article 11 hereof. The mere existence of a Prohibited Lien shall not be construed as a Non-Material Default under this Restated Lease unless Tenant fails to take action as aforesaid. Should a Prohibited Lien be filed against the Premises or any Property as a result of the actions of Landlordsuch lien, the Leemilt’s Lessor, the Power Test Lessor, or the Gettymart Lessor, Landlord shall, at its sole cost and expense, likewise cause such Prohibited Lien to be paid, discharged, bonded, transferred to security or cleared from title. If Tenant fails to do so, Landlord may do so and Tenant shall reimburse Landlord for the reasonable costs of recorddoing so, including Legal Costs incurred by Landlord and an administrative charge of fifteen percent (15%) of the amount of the Prohibited Lien, and/or Landlord may give Notice of Default and pursue its remedies pursuant to the terms of this Lease. If Landlord receives notice of any such filing, then Landlord shall promptly Notify Tenant. Nothing in this Section shall be construed to: (a) limit Tenant’s right of Contest so long as no Prohibited Lien is filed; or (b) obligate Tenant regarding any lien that results from any act or omission by Landlord (for which Landlord shall be provided Notice by Tenant) and, if Landlord does not within 30 days thereafter cause such lien to be paid, discharged, bonded, transferred to security or cleared from title, Tenant may do so and Landlord shall reimburse Tenant for the reasonable costs of doing so. If any Subtenant or other party claiming under Tenant causes a Prohibited Lien, then Tenant’s obligations under this Subsection shall be suspended for a period not to exceed thirty (30) days so long as both: (a) Tenant is with reasonable diligence endeavoring to cause the Subtenant or other party to remove the Prohibited Lien, and is keeping Landlord informed in writing as to its efforts; and (b) the holder of the Prohibited Lien has not commenced foreclosure proceedings. If either of the foregoing conditions is not met, or if the thirty (30) day period expires, Tenant shall within ten (10) days of the failure of such condition cause such Prohibited Lien to be paid, discharged, bonded, transferred to security or cleared from title.

Tenant's Covenant. If at any time during It is the Term, whether during mutual expectation of the period of construction parties hereto that no lien can attach to the Premises or reconstruction of buildings, or at any other time, any portion of the Center. If a Prohibited Liens shall be Lien is filed against any Property or any part thereof relating to work authorized or approved by Tenant or Subtenant or their respective agents, contractors, or employees in respect of such Property, then Tenant shall, at its expenses cause the same to be discharged, by payment, bonding or otherwise as provided by Law, within forty-five sixty (4560) days after Tenant receives Notice from Landlord that the Prohibited Lien was filed (but in any case within fifteen (15) days after receipt of receiving Notice from Landlord of commencement of foreclosure proceedings)such filing, except for such liens that may have been incurred by Landlord arising from Landlord’s, a Third Party Lessor’s, the Leemilt’s Lessor’s, the Power Test Lessor’s or the Gettymart Lessor’s actions. Nothing herein contained shall in any way prejudice the rights of Tenant commence appropriate action to contest to final judgment or decree any such Prohibited Lien prior to payment thereof pursuant to the provisions of Article 11 hereof. The mere existence of a Prohibited Lien shall not be construed as a Non-Material Default under this Restated Lease unless Tenant fails to take action as aforesaid. Should a Prohibited Lien be filed against the Premises or any Property as a result of the actions of Landlord, the Leemilt’s Lessor, the Power Test Lessor, or the Gettymart Lessor, Landlord shall, at its sole cost and expense, likewise cause such Prohibited Lien to be paid, discharged, bonded, or cleared from title. Tenant shall thereafter prosecute such action with reasonable diligence and continuity. If Landlord receives notice of recordany such filing, then Landlord shall promptly Notify Tenant. Nothing in this Lease shall be construed to obligate Tenant regarding any lien that results from any act or omission by Landlord. If any Subtenant causes a Prohibited Lien, then Tenant's obligations under this paragraph shall be suspended so long as both: (a) Tenant is with reasonable diligence endeavoring to cause the Subtenant to remove the Prohibited Lien; and (b) the holder of the Prohibited Lien has not commenced foreclosure proceedings. 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.

Tenant's Covenant. If at any time during the Term, whether during the period of construction or reconstruction of buildings, or at any other time, any a Prohibited Liens shall be Lien is filed against any Property or any part thereof relating to work authorized or approved by Tenant or Subtenant or their respective agents, contractors, or employees in respect of such Property, then Tenant shall, at its expenses cause the same to be discharged, by payment, bonding or otherwise as provided by Law, within forty-five (45) 30 days after Tenant receives receiving Notice from Landlord that which includes, in all capital and bold letters in a size no smaller than the Prohibited Lien was filed (but in any case within fifteen (15) days after receipt of Notice from Landlord of commencement of foreclosure proceedings), except for such liens that may have been incurred by Landlord arising from Landlord’s, a Third Party Lessor’slargest print on the Notice, the Leemilt’s Lessor’sfollowing legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” of such filing, the Power Test Lessor’s or the Gettymart Lessor’s actions. Nothing herein contained shall in any way prejudice the rights of Tenant to contest to final judgment or decree any such Prohibited Lien prior to payment thereof pursuant to the provisions of Article 11 hereof. The mere existence of a Prohibited Lien shall not be construed as a Non-Material Default under this Restated Lease unless Tenant fails to take action as aforesaid. Should a Prohibited Lien be filed against the Premises or any Property as a result of the actions of Landlord, the Leemilt’s Lessor, the Power Test Lessor, or the Gettymart Lessor, Landlord shall, at its sole cost and expense, likewise cause such Prohibited Lien to be paid, discharged, bonded, transferred to security or cleared from title. If Tenant fails to do so, Landlord may do so and Tenant shall reimburse Landlord for the reasonable costs of recorddoing so, including Legal Costs incurred by Landlord, and/or Landlord may give Notice of Default and pursue its remedies pursuant to the terms of this Lease. If Landlord receives notice of any such filing, then Landlord shall promptly Notify Tenant. Nothing in this Section shall be construed to: (a) limit Tenant’s right of Contest so long as no Prohibited Lien is filed; or (b) obligate Tenant regarding any lien that results from any act or omission by Landlord (for which Landlord shall be provided Notice by Tenant (which includes, in all capital and bold letters in a size no smaller than the largest print on the Notice, the following legend: "FAILURE TO TIMELY ADDRESS THE MATTER DISCUSSED HEREIN MAY RESULT IN LANDLORD INCURRING ADDED COSTS") and, if Landlord does not within 30 days thereafter cause such lien to be paid, discharged, bonded, transferred to security or cleared from title, Tenant may do so and Landlord shall reimburse Tenant for the reasonable costs of doing so. If any Subtenant or other party claiming under Tenant causes a Prohibited Lien, then Tenant’s obligations under this Subsection shall be suspended for a period not to exceed thirty (30) days so long as both: (a) Tenant is with reasonable diligence endeavoring to cause the Subtenant or other party to remove the Prohibited Lien, and is keeping Landlord informed as to its efforts; and (b) the holder of the Prohibited Lien has not commenced foreclosure proceedings. If either of the foregoing conditions is not met, or if the thirty (30) day period expires, Tenant shall within ten (10) days of the failure of such condition cause such Prohibited Lien to be paid, discharged, bonded, transferred to security or cleared from title.