Tenant's Covenant. If a Prohibited Lien is filed then Tenant shall, within 30 days after the later to occur of (i) the filing of such lien, or (ii) Tenant’s actual knowledge of the existence of such lien, 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 doing 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.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Covenant. If a Prohibited Lien As To Hazardous Substances The Tenant covenants and agrees that it will:
(a) not bring or allow any Hazardous Substance to be brought onto the Lands, the Building or the Leased Premises except in compliance with the Environmental Law;
(b) comply at all times and require all those for whom the Tenant is filed then Tenant shallin law responsible to comply at all times with the Environmental Law as it affects the Leased Premises, within 30 days after the later Building or the Lands;
(c) give Notice to occur of (i) the filing of such lien, or (ii) Tenant’s actual knowledge Landlord of the existence presence at any time during the Term of any Hazardous Substance on the Leased Premises (or the Building or the Lands if such liensubstance is in the control of the Tenant) together with such information concerning such Hazardous Substance and its presence on the Leased Premises, cause the Building or the Lands as the Landlord may require;
(d) give Notice to the Landlord of any occurrence which might give rise to a duty under the Environmental Law in either the Tenant or the Landlord with respect to the presence of any Hazardous Substance on the Leased Premises, the Building or the Lands including, without limitation, Notice of any spill or escape into the environment of any Hazardous Substance at the Leased Premises, the Building or the Lands;
(e) in any case where the Tenant has given Notice as to the presence of a Hazardous Substance at the Leased Premises, the Building or the Lands or is required to give such Prohibited Lien Notice or where the Landlord has reasonable grounds to be paidbelieve that any Hazardous Substance is or has been brought upon the Leased Premises, dischargedthe Building or the Lands by the Tenant or any person for whom the Tenant is in law responsible, bonded, transferred to security or cleared from title. If Tenant fails commission an Environmental Audit at the Tenant's expense when required by the Landlord to do so;
(f) comply with any investigative, Landlord may do so remedial or precautionary measures required under the Environmental Law or as reasonably required by the Landlord, and the Tenant shall reimburse be fully and completely liable to the Landlord for any and all clean up costs or costs incurred to comply with the reasonable costs Environmental Law or any request by the Landlord that investigative, remedial or precautionary measures be taken;
(g) protect, indemnify and save each of doing so, including Legal Costs incurred by the Landlord and an administrative charge of fifteen percent (15%) of its directors, officers, employees, agents, successors and assigns completely harmless from and against any Environmental Claim, directly or indirectly incurred, sustained or suffered by or asserted against the amount of the Prohibited LienLandlord and/or its directors, and/or Landlord may give Notice of Default officers, employees, agents, successors and pursue its remedies pursuant to the terms of this Lease. If Landlord receives notice of any such filingassigns caused by or attributable to, 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; either directly or (b) obligate Tenant regarding any lien that results from indirectly, any act or omission by Landlord (of the Tenant and/or any person 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 whom 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 in law responsible;
(h) enter into any additional contract of insurance respecting the Leased Premises which the Landlord may reasonably require to cause protect the Subtenant or other party Landlord and its directors, officers, employees, agents, successors and assigns from any Environmental Claim respecting the Leased Premises; and
(i) provide to remove the Prohibited LienLandlord such security as the Landlord may from time to time require, and is keeping Landlord informed in writing as acting reasonably, to ensure compliance by the Tenant of 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 titlecovenants herein contained.
Appears in 1 contract
Samples: Office Lease (Ace Hardware Corp)
Tenant's Covenant. If a Prohibited Lien is filed then Tenant shall, within 30 days after receiving Notice from Landlord which includes, in all capital and bold letters in a size no smaller than the later to occur of (i) largest print on the filing Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” of such lien, or (ii) Tenant’s actual knowledge of the existence of such lienfiling, 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 doing so, including Legal Costs incurred by Landlord and an administrative charge of fifteen percent (15%) of the amount of the Prohibited LienLandlord, 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 TenantTenant (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 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.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Covenant. If a Prohibited Lien is filed then Tenant shall, within 30 days after the later to occur of (i) the filing of such lien, or (ii) Tenant’s actual knowledge of the existence of such lien, 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 covenants and Tenant shall reimburse Landlord for the reasonable costs of doing 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: agrees as follows:
(a) limit Tenant’s right To allow Landlord, in person or by agent, to enter the said Demised Premises at all reasonable times of Contest so long as no Prohibited Lien is filed; or the day;
(b) obligate Tenant regarding any lien that results from any act or omission by To peaceably and quietly leave, surrender and yield to 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 on 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 last day of the Prohibited Lien has not commenced foreclosure proceedingsTerm, the Demised Premises, broom clean and in good order and repair, subject to Paragraphs 9 and 10 above and ordinary wear and tear excepted. If either Tenant on or before the last day of the foregoing conditions is not met, or if Term shall remove all of its property from the thirty (30) day period expires, Demised Premises. Tenant shall within ten indemnify Landlord from liability resulting from delay by Tenant in so surrendering the Demised Premises;
(10c) days To provide and pay for its own utility service, including heat, electricity, gas and water and use of sewer;
(d) To observe and comply promptly with all requirements of law, ordinances, regulations or orders or any other governmental authority affecting the Demised Premises or the use and occupation thereof. Tenant shall pay all costs and expenses incidental to such compliance and shall save Landlord harmless from all expenses and/or damages by reason of any notice, order, violations or penalties filed against or imposed upon the Demised Premises or upon Landlord as owner hereof, because of the failure of Tenant to comply with this covenant;
(e) To keep in good repair and order, subject to Paragraphs 9 and 10 above, ordinary wear and tear excepted, and so maintain, at its own expense, the Demised Premises and all improvements now or at any time during the Term situated on the Demised Premises, including, without limitation, roadways and parking areas, including snow removal, the sidewalks, electrical systems, water and sewer connections, water and gas pipes and heating/air conditioning systems, and that it will not suffer or permit any waste or injury thereto or call upon Landlord for any payment or outlay for any such condition cause or similar purpose during the Term. In case any damage shall be caused to the Demised Premises by any third party and Tenant shall make such Prohibited Lien repairs occasioned thereby, Landlord agrees to and does hereby transfer and assign unto Tenant any and all claims, rights, actions and causes of action which Landlord may have in consequences thereof. Landlord agrees to execute any and all further papers and instruments in reference to such assignment when requested to do so by Tenant. Tenant shall obtain Landlord’s consent, such consent not to be paidunreasonably withheld, dischargedprior to undertaking any repairs, bondedmaintenance or alterations to any building system (including mechanical, transferred plumbing or electrical) or other structural element of the Demised Premises;
(f) Not to security abandon the Demised Premises during the Term;
(g) To indemnify and save harmless Landlord of and from all fines, suits, claims, demands, and actions of any kind by reason of any breach, violation, or cleared non-performance of any condition hereof on the part of Tenant. Landlord shall not be liable for any injury or damage to person or property happening on or about the Demised Premises, however caused or occasioned, except injuries or damages caused or occasioned by Landlord, its agent, servants or employees, and Tenant agrees to indemnify and save harmless Landlord from titleany such liability therefor; and Tenant shall indemnify and hold harmless Landlord of and from any and all such damage or liability for anything arising from or out of the occupancy of the Demised Premises by Tenant, including, but not limited to acts or defaults of Tenant, its agents, servants, employees, customers, or licensees.
Appears in 1 contract
Tenant's Covenant. It is the mutual expectation of the parties hereto that no lien can attach to the Premises or any other portion of the Center. If a Prohibited Lien is filed then Tenant shall, within 30 sixty (60) days after the later to occur of (i) the filing receiving Notice from Landlord of such lienfiling, or (ii) Tenant’s actual knowledge of the existence of such lien, commence appropriate action to 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 thereafter prosecute such action with reasonable costs of doing so, including Legal Costs incurred by Landlord diligence 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 Leasecontinuity. If Landlord receives notice of any such filing, then Landlord shall promptly Notify Tenant. Nothing in this Section Lease shall be construed to: (a) limit Tenant’s right of Contest so long as no Prohibited Lien is filed; or (b) to 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 soLandlord. If any Subtenant or other party claiming under Tenant causes a Prohibited Lien, then Tenant’s 's obligations under this Subsection paragraph 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. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, or if the thirty (30) day period expiresAND 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, Tenant shall within ten (10) days of the failure of such condition cause such Prohibited Lien to be paidEXPRESS OR IMPLIED, dischargedBY INFERENCE OR OTHERWISE, bondedTO ANY CONTRACTOR, transferred to security or cleared from titleSUBCONTRACTOR, 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.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Covenant. If 4.1 The Tenant hereby covenants with the Landlord as follows:-
(a) To pay the Rental on the day and in the manner provided herein.
(b) To punctually pay for all charges for the water, electricity, telephone and other utilities (if any) used and consumed in the Demised Premises.
(c) Not to use the Demised Premises for any illegal or immoral purposes.
(d) Not to bring or store or permit or suffer to be brought or stored on the Demised Premises arms ammunition or unlawful goods gunpowder saltpetre or any combustible substance or any goods which are of a Prohibited Lien is filed then noxious or dangerous or hazardous nature.
(e) To keep and maintain the exterior and interior of the Demised Premises including the toilet facilities, flooring and interior plaster or other surfacing material or rendering on walls and ceilings and the Landlord’s fixtures and fittings therein including all doors, windows, electrical installations, lightings, power sockets, locks, shutters, water taps, toilets, drainage, etc. in good, clean, tenantable, substantial and proper repair and condition and the Tenant shallshall be responsible for repairs and/or replacements thereof and deliver up the same to the Landlord at the expiration or sooner determination of this Tenancy in like condition, within 30 days after fair wear and tear excepted.
(f) Not to assign or underlet or sublet or part with possession or the later occupation or the use of the Demised Premises or any part thereof without the prior consent of the Landlord.
(g) To repair and make good or pay the Landlord for the cost of repairing or making good such damage caused by acts/omission of vandalism or negligence and/or willful neglect of the Tenant.
(h) To permit the Landlord and/or the Landlord’s agents surveyors and/or workmen to occur enter upon the Demised Premises at all reasonable times for the purpose of viewing the condition thereof or for doing such reasonable work as may be thought fit.
(i) To observe and comply with all notices served in respect of the filing Demised Premises and rules and regulations of such lienthe local authorities.
(j) Not to make any renovations or alterations to the Demised Premises without the prior written consent from the Landlord and, where approval of any relevant authorities is required, without the prior written consent of the relevant authorities first had been obtained.
(k) Before the expiry of this Tenancy to give the Landlord three (3) months’ notice in writing in advance as to whether or not the Tenant is desirous of entering into a new tenancy with the Landlord.
(l) At the expiration or sooner determination of the Term to peacefully and quietly deliver up the Demised Premises to the Landlord in the original condition as the same were delivered to the Tenant as at the date of this Tenancy, at the Tenant’s own cost, if any, to be incurred, fair wear and tear excepted.
(m) Not to do or permit or suffer anything to be done in or upon the Demised Premises or any part thereof which may be or become a nuisance or annoyance to or in any way interfere with the quiet enjoyment of the occupants of the neighboring premises.
(n) To permit the Landlord to transfer, sell or dispose of the Demised Premises at any time provided that the Landlord shall notify the new purchaser or transferee of this Tenancy and procure the new purchaser or transferee to continue to allow the Tenant to exercise its rights herein.
(o) Not to obstruct or litter or in any way make untidy the Demised Premises or the corridors, passages, staircases, entrances, or (ii) Tenant’s actual knowledge the areas designated for parking of the existence Demised Premises or the Property.
(p) Not to use the Demised Premises or any part thereof for carrying any other business or purpose or activity so as to cause unreasonable accumulation of such liendirt, cause such Prohibited Lien rubbish or debris of any sort in or outside the Demised Premises or which causes an undesirable amount of noise or which in the opinion of the Landlord is undesirable or unsuitable for the other tenants or occupants of the Property, adjacent shophouses or neighboring premises.
(q) To adopt every reasonable and foreseeable precaution necessary to prevent fire and explosion and not to do or permit or suffer to be paid, discharged, bonded, transferred to security done anything whereby any policy of insurance of the Demised Premises or cleared from title. If Tenant fails to do so, Landlord may do so any part thereof against loss or damage by fire and Tenant shall reimburse Landlord explosion for the reasonable costs time being subsisting may become void or voidable or whereby the rate of doing so, including Legal Costs premium thereof may be increased and to repay to the Landlord on demand all sums paid by way of increased premium and all expenses incurred by the 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 in or about renewal of any such filingpolicy rendered necessary by breach or non-observance of this covenant.
(r) Not to alter the electricity and/or water meters to the Demised Premises and/or to commit any unlawful act in and around the Demised Premises.
(s) To adopt every reasonable and foreseeable precaution necessary to prevent any acts of vandalism in or to the Demised Premises and any part thereof.
(t) To keep the Landlord indemnified of all actions causes of action including third party actions, then Landlord shall promptly Notify liabilities, claims, demands, costs and damages, losses and expenses of every kind whatsoever which may arise in consequence of any breach of covenant or neglect in the performance of this Tenancy by the negligence of the Tenant. Nothing , its servants or agents or invitees or licensees.
(u) To obtain all requisite licenses and permits and comply with all laws, by-laws, rules and regulations affecting the Demised Premises or its usage or the Tenant or occupier thereof which are now in this Section shall force or which may hereafter be construed to: enacted (aif applicable).
(v) 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, The Tenant may do so and Landlord shall reimburse Tenant for the reasonable costs of doing so. If any Subtenant exhibit its business signage 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 signboard of such condition cause size and dimension in or at such Prohibited Lien to be paidlocation as approved by the Landlord and where necessary, discharged, bonded, transferred to security or cleared from titleas approved by the Local Authority.
Appears in 1 contract
Samples: Tenancy Agreement