TITLE AND COVENANT AGAINST LIENS. The Landlord’s title is and always shall be paramount to the title of the Tenant and nothing in this Lease contained shall empower the Tenant to do any act which can, shall or may encumber the title of the Landlord. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialman to be placed upon or against the Premises or against the Tenant’s leasehold interest in the Premises and in, case of any such lien attaching, to immediately pay and remove same or contest same, in which event Tenant will post a bond adequate to protect the interest of Landlord during the pendency of such proceedings. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon the Premises, and any and all liens and encumbrances created by Tenant shall attach only to Tenant’s interest in the Premises. If any such liens so attach and Tenant fails to pay and remove same within thirty (30) days, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the rate set forth in Section 3.06 hereof for amounts owed Landlord by Tenant, shall be deemed to be additional rent due and payable by Tenant at once without notice or demand.
TITLE AND COVENANT AGAINST LIENS. Landlord's title is and always shall be paramount to the title of Tenant and nothing contained in this Lease shall empower Tenant to do any act which can, shall or may encumber the title of Landlord. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Premises, the Building, the Land or against Tenant's leasehold interest in the Premises and, in case of any such lien attaching, to pay and remove same immediately. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or to be placed upon the Premises, the Building or the Land, and any and all liens and encumbrances created by Tenant shall attach only to Tenant's interest in the Premises. If any such liens so attach and Tenant fails to pay and remove or bond over the same within thirty (30) days, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the rate set forth in Section 28.08 for amounts owed Landlord by Tenant. Such sums shall be deemed to be additional rent due and payable by Tenant at once without notice or demand.
TITLE AND COVENANT AGAINST LIENS. Landlord’s title in the Premises is and always shall be paramount to the title of Tenant and nothing contained in this Lease shall empower Tenant to do any act which can, shall or may encumber the title of Landlord. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Premises, the Buildings or the Parcels and, in case of any such lien attaching, to pay and remove or insure over same promptly. Except as provided in this Section 26.01 below and Section 9.04 above, Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or to be placed upon the Premises, the Buildings or the Parcels, and any and all liens and encumbrances created by Tenant shall attach only to Tenant’s interest in the Premises. If any such liens so attach and Tenant fails to pay and remove or bond the same within thirty (30) days, Landlord, at its election, may pay and satisfy the same, and in such event, the sums so paid by Landlord, with interest accruing from the date of Landlord’s payment at the Default Interest rate shall be deemed to be Rent due and payable by Tenant at once without notice or demand. Except as permitted pursuant to Section 9.04 and Article 17 of this Lease, Landlord covenants and agrees not to suffer or permit any covenants, restrictions, reservations, encumbrances, liens, conditions, encroachments, easements and other matters of title that would affect one or more of the Property Locations without Tenant’s prior written consent. Landlord hereby grants a limited power of attorney to Tenant to acknowledge, deliver and execute on Landlord’s behalf any proposed agreement affecting the Property Location(s) if such agreement is in the nature of an easement and (a) is specifically stated to encumber the Property Location(s) only while Tenant is in possession of the Property Location(s) or (b) shall, by the terms of the agreement, end with the termination of this Lease. Upon the execution of any such agreement, Tenant shall deliver, within twenty (20) days thereof, a copy of such agreement to Landlord.
TITLE AND COVENANT AGAINST LIENS. Landlord's title is paramount and always shall be paramount to the title of Tenant and nothing contained in this Lease shall empower Tenant to do any act which can, shall or may encumber the title of Landlord. Tenant covenants and agrees not to do any act, make any contract or suffer or permit anything to occur which may create or be the foundation for any lien or other encumbrance upon or against the Premises, the Building, the Land, the Project or against Tenant's leasehold interest in the Premises and, in case of any such lien attaching, to pay and remove the same immediately. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon the Premises, the Building, the Project or the Land, and any and all liens and encumbrances created by Tenant shall attach only to Tenant's interest in the Premises. If any such liens so attach and Tenant fails to pay and remove the same within twenty (20) days, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of Landlord's payment thereof at the rate set forth in Section 30.8 for amounts owed to Landlord by Tenant, shall be deemed to be additional rent due and payable by Tenant at once without notice or demand. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same.
TITLE AND COVENANT AGAINST LIENS. Landlord’s title is and always shall be paramount to the title of Tenant, and nothing in this Lease contained shall empower Tenant to do any act which can, shall or may encumber the title of Landlord. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord’s title or interest in the Premises or any part of the Project, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only.
TITLE AND COVENANT AGAINST LIENS. Landlord’s title is and always shall be paramount to the title of Tenant and nothing in this Lease contained shall empower Tenant to do any act which can, shall, or may encumber the title of Landlord. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Property or against Tenant’s leasehold interest in the Property arising from labor, material, service, or equipment ordered or authorized by Tenant or its agents and employees and, in case of any such lien attaching, to immediately pay and remove same. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon the Property, and any and all liens and encumbrances created by Tenant shall attach only to Tenant’s interest in the Property. If any such liens so attach and Tenant fails to pay and remove same within ten (10) days, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the rate set forth in Section 3.5, shall be deemed to be additional Rent due and payable by Tenant at once without notice or demand.
TITLE AND COVENANT AGAINST LIENS. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Shopping Center or the Premises or against the Tenant's leasehold interest in the Premises arising from labor, material, service or equipment ordered or authorized by Tenant or its agents and employees, and, in case of any such lien attaching, to immediately pay and remove same. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon the Shopping Center or the Premises, and any and all liens and encumbrances created by Tenant shall attach only to Tenant's interest in the Premises.
TITLE AND COVENANT AGAINST LIENS. 37 -iii-
TITLE AND COVENANT AGAINST LIENS. 40- ARTICLE 28. MISCELLANEOUS.............................................. -41- 28.01 Successors and Assigns..................................... -41- 28.02 Modifications in Writing................................... -41- 28.03 No Option; Irrevocable Offer............................... -41- 28.04 Financial Statements....................................... -41- 28.05 Definition of Landlord..................................... -41- 28.06 Headings................................................... -41- 28.07 Time of Essence............................................ -41- 28.08 Default Rate of Interest................................... -42- 28.09 Severability............................................... -42- 28.10 Entire Agreement........................................... -42- -iii- TABLE OF CONTENTS
TITLE AND COVENANT AGAINST LIENS. 46- ARTICLE 28. MISCELLANEOUS............................................... -46- 28.01 Successors and Assigns...................................... -46- 28.02 Modifications in Writing.................................... -47- 28.03 No Option; Irrevocable Offer................................ -47- 28.04 Financial Statements........................................ -47- 28.05 Definition of Landlord...................................... -47- 28.06 Headings.................................................... -47- 28.07 Time of Essence............................................. -47- 28.08 Default Rate of Interest.................................... -47- 28.09 Severability................................................ -47- 28.10 Entire Agreement............................................ -48- ARTICLE 29. EXCULPATORY PROVISIONS -48- Attachments: EXHIBIT A THE LAND EXHIBIT B FORM OF COMMENCEMENT NOTICE EXHIBIT C OUTLINE SPECIFICATIONS FOR BASE BUILDING IMPROVEMENTS EXHIBIT D SCHEDULE OF PLAN SUBMISSIONS EXHIBIT E DIVISION OF RESPONSIBILITY BETWEEN BASE BUILDING IMPROVEMENTS AND OFFICE IMPROVEMENTS EXHIBIT F APPROVED CONTRACTORS EXHIBIT G REQUIRED COMPLETION DATES RIDER A BASE RENT RIDER B RULES AND REGULATIONS RIDER C CLEANING SPECIFICATIONS RIDER D INITIAL ESTOPPEL CERTIFICATE RIDER E PURCHASE CONTRACT RIDER F OPERATION AND MAINTENANCE STANDARDS iv LEASE with MAY & XXXX, INC., a Delaware corporation ("Tenant") on Premises at 0000 Xxxxxx Xxxx Downers Grove, Illinois 60515 This Lease made as of the Date of Lease set forth in the following Schedule (the "Schedule"), by and between Bank One, Illinois, N.A., not personally but solely as Trustee under Trust Agreement dated May 23, 1997, and known as Trust No. 11097 ("Landlord") and the Tenant identified immediately above. SCHEDULE OF SIGNIFICANT TERMS For purposes of this Lease, the terms set forth below shall have the meanings or be assigned the amounts as follows: Date of Lease: June 2, 1997 Base Rent (annual amount): See attached Rider A
