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 materialmen to be placed upon or against the Real Property, the Land, the Building, or 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. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, a whether created by act of Tenant, operation of law, or otherwise, to attach to or be placed upon the Real Property, Land, Building, or 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 fifteen (15) 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 27(i) hereof for amounts owed Landlord by Tenant. Such sums shall be deemed to be additional rent due and payable by Tenant upon receipt of notice or demand.
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 the 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 materialman to be placed upon or against the Shopping Center or the Premises or against the Tenant's leasehold interest in the Premises and, in case of any such lien attaching, to take and diligently prosecute appropriate action to have the same discharged or bonded and released of record at Tenant's sole expense within fifteen (15) days of the filing of such lien. 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. If any such liens so attach and Tenant fails to pay and remove same within fifteen (15) days after the filing thereof, 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 Default Rate 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 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 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 suffer or permit any lien of mechanics or materialmen to be placed upon or against the Premises, the Building, the Development, the Land or against Tenants 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 Development 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 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 Landlord's payment thereof at the rate set forth in Section 30.08 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. Tenant agrees to indemnify, hold harmless and defend Landlord from any loss, cost, damage or expense, including attorney's fees, arising out of any lien claim or out of any other claim relating to work done or materials supplied to the Premises at Tenant's request or on Tenant's behalf. Tenant shall remove any filed lien within ten (10) days of the filing of such lien.
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 materialmen to be placed upon or against the Real Property, the Land, the Building, or 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. 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 Real Property, Land, Building, or 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 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 27(i) hereof 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. 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. 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 to the Premises or the Landlord's Property. Tenant covenants and agrees not to suffer or to permit any lien of mechanics or materialmen to be placed upon or against the Premises, the Landlord's Property, 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 to 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 Landlord's Property, or the Project 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 thirty (30) days (or if any such lien affects any portion of the Project other than the Landlord's Property exclusively, then immediately), 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 36.8 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. Any contracts entered into by or on behalf of Tenant for the performance of work in, or the delivery of materials to, the Premises (including, without limitation, any contracts relating to the Tenant's Work) shall contain a provision pursuant to which the contractor or supplier (i) recognizes the separate ownership of the various portions of the Project and agrees that any lien rights which the contractor or supplier has shall only be enforceable against Tenant's interest in the Premises, (ii) agrees that no lien or claim may be filed or maintained by such contractor or supplier against the Project, the Landlord's Property or the Landlord's interest in the Premises, and (iii) agrees to comply with the provisions of Section 21 of the Illinois Mechanics Lien Act in connection with giving notice of such "no lien" provision.
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
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
