Common use of Tenant’s Liens Clause in Contracts

Tenant’s Liens. A. Tenant shall not suffer any mechanics’ or materialmen’s lien to be filed against the Premises or the Center by reason of work, labor, services, or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Xxxxxx’s failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 4 contracts

Samples: Lease (Impossible Kicks Holding Company, Inc.), Lease (Impossible Kicks Holding Company, Inc.), Lease (Impossible Kicks Holding Company, Inc.)

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Tenant’s Liens. A. Tenant shall not suffer any mechanics' or materialmen’s 's lien to be filed against the Premises or the Center by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) 15 days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwiseotherwise in a manner satisfactory to Landlord and its mortgagee. In the event of Xxxxxx’s Tenant's failure to release of record any such lien within the aforesaid period, Landlord, any affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Center or the Premises may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord, any affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Center or the Premises deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum set forth in Section 4.2 herein and reasonable expenses incurred in connection therewith, including reasonable attorneys' fees, which amounts are due and payable in full to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s 's estate in the Premises to any lien or liability under the lien laws of the State where the Center is locatedof Minnesota. Tenant’s 's obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Silicon Entertainment Inc /Ca/), Lease (Silicon Entertainment Inc /Ca/)

Tenant’s Liens. A. Tenant shall not suffer any mechanics’ or materialmen’s lien to be filed against the Premises or the Center by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Xxxxxx’s failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Impossible Kicks Holding Company, Inc.), Lease (Impossible Kicks Holding Company, Inc.)

Tenant’s Liens. A. Tenant will not create or permit to be created or to remain and will discharge, any lien (included but not limited to, the liens of mechanics, laborers or materialmen for work or materials alleged to be done or furnished in connection with the Leased Premises), encumbrance or other charge upon the Leased Premises or any part thereof, or upon Tenant's leasehold interest therein; provided, the Tenant shall not suffer be required to discharge any such liens, encumbrances or charges as may be placed upon the Leased Premises by the act of Landlord. Tenant shall have the right to contest, in good faith and by appropriate legal proceedings, the validity or amount of any mechanics, laborers or materialmen’s 's lien to be filed against the Premises or the Center by reason of work, labor, services, or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwiseclaimed lien. In the event of Xxxxxx’s failure such contest, Tenant shall give to release of record Landlord security in a form acceptable to Landlord, and in an amount not less than any such lien within the aforesaid periodor claimed lien, Landlord may remove said lien by paying the full amount to insure payment thereof and to prevent any sale, foreclosure or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective forfeiture of the fact that Leased Premises or any part thereof by reason of such non-payment. on final determination of such lien or claim for lien, Tenant may contest the propriety will immediately pay any judgment rendered, with all proper costs and charges and shall have such lien released or the amount thereof, judgment satisfied at Tenant's expense; upon such payment and Tenant, upon demand, release or satisfaction Landlord will promptly return to Tenant such security as Landlord shall pay Landlord the amount so paid out by Landlord have received in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following monthsuch contest. Landlord shall have reserves the right to deduct enter the expenses Leased Premises to post or keep posted notices of non-responsibility for such lien. Tenant will pay, protect and indemnify Landlord within ten (10) days after demand therefor, from and against all liabilities, losses, claims, damages, costs and expenses, including attorney fees, incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on by reason of the part filing of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws and/or removal of the State where the Center is located. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Leasesame.

Appears in 2 contracts

Samples: Commercial Lease (Integrated Management Information, Inc.), Commercial Lease (Integrated Management Information, Inc.)

Tenant’s Liens. A. Tenant shall not suffer any mechanics' or materialmen’s 's lien to be filed against the Premises or the Center by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, . Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen thirty (1530) days (or such shorter period of time as may be reaonably necessary if Landlord's or Landlord's mortgagee's interest in the Premises or the Center is in immediate jeopardy or if Landlord's ability to sell, finance or re-finance the Center or any portion thereof is adversely affected as a result of such lien) after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwiseotherwise in a manner satisfactory to Landlord and its mortgagee. In the event of Xxxxxx’s Tenant's failure to release of record any such lien within the aforesaid period, Landlord, any affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Center or the Premises may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord, any affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Center or the Premises deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with withe the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum set forth in Section 4.2 herein and reasonable expenses incurred in connection therewith, including reasonable attorneys' fees, which amounts are due and payable in full to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s 's estate in the Premises to any lien or liability under the lien laws of the State where the Center is locatedof Minnesota. Tenant’s 's obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Hotel Discovery Inc)

Tenant’s Liens. A. Tenant shall not suffer any mechanics' or materialmen’s 's lien to be filed against the Premises or the Center by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) 30 days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Xxxxxx’s Tenant's failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum set forth in Section 4.2 herein and reasonable expenses incurred in connection therewith, including reasonable attorneys' fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s 's estate in the Premises to any lien or liability under the lien laws of the State where the Center is locatedof Illinois. Tenant’s 's obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 1 contract

Samples: Success Bancshares Inc

Tenant’s Liens. A. Tenant shall not suffer any mechanics' or materialmen’s 's lien to be filed against the Premises or the Center by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Xxxxxx’s Tenant's failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys' fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution 's contribution towards Tenant’s 's Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s 's estate in the Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant’s 's obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 1 contract

Samples: Play Co Toys & Entertainment Corp

Tenant’s Liens. A. Tenant shall not suffer If any mechanics’ mechanic's or materialmen’s materialman's lien to be is filed against the Demised Premises or the Center by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Demised Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen thirty (1530) days after notice to Tenant of the filing thereof, cause such lien to be released discharged of record by payment, bond, order of a court of competent jurisdiction, or otherwise. The foregoing shall not be construed to limit Tenant's rights to contest the basis for said lien provided the same is discharged of record as aforesaid. In the event of Xxxxxx’s Tenant's failure to release of record discharge any such lien within the aforesaid period, Landlord Owner may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord Owner deems appropriate, without investigating the validity thereof, thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, Tenant upon demand, demand shall pay Landlord Owner the amount so paid out by Landlord Owner in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%i) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys' fees, which ; and (ii) interest on all such amounts at the Default Rate from the date such amounts are due and payable advanced by Owner to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if anydate Owner recovers such amounts. Nothing contained in this Lease shall be construed as a consent on the part of Landlord Owner to subject Landlord’s Owner's estate in the Demised Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this LeaseState.

Appears in 1 contract

Samples: Lease (Tower Properties Co)

Tenant’s Liens. A. Tenant acknowledges that Landlord is the Owner of the Hotel Complex and the Premises and that Tenant neither has, nor at any time hereunder will have, any ownership interest in the Hotel Complex or the Premises. Tenant shall not suffer any mechanics’ or materialmen’s lien to be filed against the Premises or the Center Hotel Complex by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwiseotherwise in a manner satisfactory to Landlord and Landlord’s mortgagee, if any. In the event of XxxxxxTenant’s failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum set forth in Section 4.2 herein and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are due and payable in full to Landlord as additional rent on the first day of with the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if anyinstallment of Minimum Monthly Rent. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State where the Center is locatedof Nevada. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease. Landlord shall have the right to post and maintain on the Premises any notices of non-responsibility provided for under applicable law.

Appears in 1 contract

Samples: Lease (Premier Exhibitions, Inc.)

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Tenant’s Liens. A. Tenant acknowledges that Landlord is the Owner of the Hotel Complex and the Premises and that Tenant neither has, nor at anytime hereunder will have, any fee ownership interest in the Hotel Complex or the Premises. Tenant shall not suffer any mechanics’ or materialmen’s lien to be filed against the Premises or the Center Hotel Complex by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen thirty (1530) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwiseotherwise in a manner satisfactory to Landlord and its mortgagee. In the event of XxxxxxTenant’s failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereofbonding, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are amount shall be due and payable in full to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State where the Center is locatedof Nevada. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease. Landlord shall have the right to record, post and maintain on the Premises any notices of non-responsibility provided for under applicable law.

Appears in 1 contract

Samples: Lease (Hard Rock Hotel Inc)

Tenant’s Liens. A. 18. Tenant shall not suffer any mechanics' or materialmen’s lien materialman' liens to be filed against the Premises or the Center leased premises by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises lease premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding faith but not withstanding such contest, contests Tenant shall, within fifteen (15) days after the filing thereof, cause such a lien to be released of record by payment, bond, order of a court of competent jurisdiction, public jurisdiction or otherwise. In the event of Xxxxxx’s Tenant's failure to release a record of record any such lien within the aforesaid period, Landlord Lessor may remove said such lien by paying the full amount thereof or by bonding or in by any other manner Landlord method the Lessor deems appropriate, without investigating the validity thereof, thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord Lessor the amount so paid out by Landlord the Lessor in connection with the discharge of the said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ attorneys fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease lease shall be construed as a consent on the part of Landlord the Lessor to subject Landlord’s the Lessor's estate in and the Premises leased premises to any lien rent or liability under other than the lien land laws of the State where of Kansas. Tenant agrees to operate, occupy and maintain the Center leased premises in a lawful manner and in compliance with all ordinances, statutes, and laws that may apply or pertain thereto. In this connection, Tenant is locatedaware of the present zoning of said property and accepts said premises subject to the present zoning. Also, Tenant will comply with all applicable rules and regulations of any governmental agency or body having any jurisdiction upon or over the premises, the operation or the maintenance thereof. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.'s Sign

Appears in 1 contract

Samples: Lease Agreement (Western Country Clubs Inc)

Tenant’s Liens. A. Tenant shall not suffer any mechanics’ or materialmen’s lien to be filed against the Premises or the Center by reason of work, labor, services, or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) thirty (30) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Xxxxxx’s failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Impossible Kicks Holding Company, Inc.)

Tenant’s Liens. A. (a) Tenant shall not suffer any mechanics’ or materialmen’s lien to be filed against the Premises or Landlord’s interest in the Center Premises by reason reasons of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. Nothing contained in this Lease shall be construed as consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State of Florida. Tenant hereby acknowledges its statutory duty to notify its contractors, suppliers and materialmen of this provision and Tenant hereby warrants and represents to Landlord that Tenant shall fulfill said duty prior to entering into any contract, whether verbal or written, with any contractor, subcontractor or materialmen. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen (15) days after the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of XxxxxxTenant’s failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the highest legal rate of twelve percent (12%) per annum and reasonable expenses incurred in connection therewith, including reasonable attorneys’ fees, which amounts are due and payable to Landlord as additional rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Premises to any lien or liability under the lien laws of the State where the Center is located. Tenant’s obligation to observe and perform any of the provisions of this Section 10.3 Paragraph shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Orion Marine Group Inc)

Tenant’s Liens. A. Tenant shall not suffer any mechanics' or materialmen’s 's lien to be filed against the Premises or the Center Project by reason of work, labor, services, services or materials performed or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant may contest the same in good faith, but, notwithstanding such contest, Tenant shall, within fifteen thirty (1530) days after the filing thereof, cause such lien to be bonded or released of record by payment, bond, or order of a court of competent jurisdiction, or otherwise. In the event of Xxxxxx’s Tenant's failure to bond or release of record any such lien within the aforesaid period, Landlord, any Affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Project or the Premises may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord that such person deems appropriate, without investigating the validity thereof, and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said lien, together with interest thereon at the rate of twelve percent (12%) per annum Default Interest Rate and reasonable expenses incurred in connection therewith, including reasonable attorneys' fees, which amounts are due and payable in full to Landlord as additional rent Additional Rent on the first day of the next following month. Landlord shall have the right to deduct the expenses incurred by Landlord pursuant to this Section 10.3 from Landlord’s Contribution towards Tenant’s Work, if any. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord’s 's estate in the Premises to any lien or liability under the lien laws of the State where the Center is locatedof Texas. Tenant’s 's obligation to observe and perform any of the provisions of this Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (SFX Entertainment Inc)

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