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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section. C. In order to comply with the provisions of Section 713.10, Florida Statutes, it is specifically provided that neither Tenant nor anyone claiming by, through or under Tenant, including, but not limited to, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any construction lien of any kind whatsoever upon the Premises or improvements thereon, any such liens are hereby specifically prohibited. All parties with whom Xxxxxx may deal shall be put on notice that Xxxxxx has no power to subject Xxxxxxxx’s interest to any construction lien of any kind or character, and all such persons so dealing with Tenant must look solely to the credit of Xxxxxx, and not to Landlord’s interests or assets.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any permanently affixed leasehold improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s 's personal property, trade fixtures, equipment, furniture, inventory and simulators), and should any security interest be created in breach of the foregoing, Landlord, any affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Center or the Premises shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against the Premises or any improvements, additions improvements or other construction made thereto by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Sectionsection. Tenant shall have the right, however, to create a security interest against all or any part of Tenant’s equipment, inventory and other personal property or fixtures situated within the Premises, and, if requested by Tenant, Landlord agrees to execute such Landlord’s Waiver or similar instrument as may be required by the secured party (the “FF&E Lender”), on terms reasonably satisfactory to Landlord, consenting to such entry to the Premises in connection with any detachment, removal and/or repossession of such collateral by such secured party (a “Repossession”); provided however, that any such FF&E Lender shall (i) provide Landlord at least seventy- two (72) hours prior written notice of such lender’s intent to repossess such collateral and shall enter the Premises for purposes of such Repossession only at a time, and on a date, mutually agreeable with Landlord and only while escorted by Landlord’s personnel; (ii) be liable to Landlord for any damage to the Premises or the Hotel Complex caused by, resulting from, or in any way connected with, the Repossession, (iii) promptly pay Landlord for any costs incurred by Landlord in connection with the Repossession including the reasonable cost of any of Landlord’s personnel required to monitor the Repossession, (iv) a sum equal to the full amount of rent and other charges which Landlord estimates will accrue during the period of the purchase FF&E Lender’s entry upon and occupancy of any portion of the Premises; and (v) any other reasonable terms and conditions as Landlord may impose for the purposes of protecting Landlord or the Hotel Complex all of which Tenant hereby consents to and agrees that Landlord may rely solely upon notification from such FF&E Lender above in granting such entry to it and allowing it to detach and remove any portion of Tenant’s equipment, furniture, furnishings, appliances, goods, trade fixtures, inventory, chattels and/or personal property, from the Premises. Landlord shall have no obligation to confirm that such secured party has any right to remove any portion of such property from the Premises. Tenant agrees that Landlord shall not be liable to Tenant for any loss, costs, damages, expenses, judgments, claims, liens or demands of any kind whatsoever caused by, resulting from, or in any way connected with such entry upon the Premises or any Repossession and Tenant hereby releases Landlord from the same. C. As soon as available after Tenant’s opening for business in the Premises, Tenant shall furnish to Landlord lien waivers from all contractors, subcontractors and materialmen who provided work, labor, services or material to Tenant. D. Landlord shall have a lien against Tenant’s furniture, fixtures and equipment (but not including the Titanic and/or Bodies exhibition) which shall be subordinate to any lien of a purchase money lender.

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 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. B. (b) Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this SectionParagraph 17, above.

Tenant's Liens. A. 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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.'s Sign

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than a purchase money security interest in favor of a lender and relative to Tenant’s propertytrade fixtures, equipment or furniture), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Sectionsection.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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) 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

Tenant's Liens. A. Tenant shall not create or permit or suffer any mechanics’ or materialmen’s lien to be filed against created or to remain, and will discharge, any lien (including, but not limited to, the Premises liens of mechanics, laborers, materialmen, suppliers or the Center by reason of work, labor, services vendors for work or materials performed alleged to be done or furnished to Tenant in connection with the Complex), encumbrance or anyone holding other charge upon the Complex, or any part of the Premises under thereof, or upon Tenant's leasehold interest therein. 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 and shall indemnify and hold Landlord and the Ground Lessor harmless from any adverse effects resulting from such lien. 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 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 Retail Pavilion Parcel to any lien or liability under the lien laws of the State where of California. Tenant shall provide to Landlord at least ten (10) days written notice prior to the Center start of any construction, which notice is located. Tenant’s obligation to observe and perform any provide Landlord the opportunity to enter upon the Premises to post a "Notice of the provisions of this Nonresponsibility" pursuant to California Civil Code Section 10.3 shall survive the expiration of the Lease Term or the earlier termination of this Lease3094. B. Except as expressly provided in Article VI hereof, nothing in this Lease shall be construed as constituting the consent of Landlord (to the extent otherwise required pursuant to Section 14.1 above), expressed or implied, to the performance of any labor or the furnishings of any materials or any specific improvements, alterations of or repairs to the Premises, the Complex, 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 Complex. Landlord and the Ground Lessor shall have the right at all reasonable times to post, and keep posted, on the Premises any notices which Landlord or the Ground Lessor may deem necessary for the protection of Landlord or the Ground Lessor and of the Complex from mechanics' liens or other claims. In addition, Tenant shall make, or cause to be made, prompt payment of all monies due and legally owing to all persons doing any work or furnishing any materials or supplies to Tenant or any of its contractors or subcontractors in connection with the Complex. C. Except as expressly provided in Section 16.5 hereof, Tenant shall not create or suffer to be created a mortgage, security interest or other lien against the Premises, Tenant's interest in the Premises, any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s 's property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under the penultimate sentence of paragraph A of this Section.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s 's property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section.

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 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. B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant’s 's property), and should any security interest be created in breach of the foregoing, Landlord, any affiliate of Landlord or any party who delivered a guaranty with respect to any financing of the Center or the Premises shall be entitled to discharge the same by exercising the rights and remedies afforded it under paragraph A of this Section. Notwithstanding anything herein in this Section 10.3B, which may be to the contrary, Tenant shall have the right, at any time during the Lease Term, to grant to a bona-fide third party lender or other financial institution a lien or security interest on all or a part of Tenant's personal property, furniture, inventory, trade fixtures (but not permanently affixed leasehold improvements which by the terms of this Lease become Landlord's property), business equipment and other chattels for fianancing purposes. Landlord hereby waives any lien or security interest it may have in Tenant's personal property, furniture, inventory, trade fixtures (but not permanently affixed leasehold improvements which by the terms of this Lease become Landlord's property), business equipment and other chattels used by Tenant as collateral or security for financing purposes, and upon Tenants, written request, if no default exists hereunder, Landlord agrees to execute an instrument confirming the same. In no event shall Tenant be permitted to use the Lease as collateral or security for financing purposes and in no event whatsoever shall Landlord be obligated or required to consent to or recognize a collateral assignment of this Lease by Tenant.