Common use of Construction by Tenant Clause in Contracts

Construction by Tenant. 5.1 Should any claim of lien or other lien be filed against the Premises or the Parking Facility by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within fifteen (15) days after notice to Tenant of the filing thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Agreement or otherwise. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN.

Appears in 8 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement, Ground Lease Agreement

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Construction by Tenant. 5.1 Should any claim of lien With respect to construction by Tenant, Tenant, its contractors or other lien agents shall provide Landlord sufficient evidence that it (they) is (are) covered under such workmen's compensation, public liability, and property damage insurance as Landlord may reasonably request for its protection. All such labor shall be filed performed and materials furnished at Tenant's own cost, expense and risk. With respect to any contract for any such labor or materials, Tenant acts as a principal and not as an agent of Landlord. Tenant agrees to indemnify and hold Landlord harmless from all claims (including costs and expenses of defending against the Premises such claims) arising or the Parking Facility by reason of alleged to arise from any act or omission of Tenant or any of Tenant’s 's agents, employees, contractors contractors, subcontractors, laborers, materialmen or representatives, then invitees or arising from any bodily injury or property damage occurring or alleged to have occurred incident to Tenant's work at the Leased Premises. Tenant shall have no authority to place any lien upon tile Leased Premises or any interest therein or in any way to bind Landlord; and any attempt to do so shall be void and of no effect. Landlord expressly disclaims liability for the cost of labor performed or materials furnished by Tenant. If, because of any actual or alleged act or omission of Tenant, any lien, affidavit, charge or order for the payment of money shall be filed against Landlord, the Leased Premises or any portion thereof or interest therein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its own cost and expense, cause the same to be canceled and discharged of record by bond payment, bonding or otherwise within fifteen not later than thirty (1530) days after notice to Tenant of the filing thereof, but in all events, prior to the foreclosure thereof. Should Tenant fail to discharge such lien within such fifteen (15) day period, then Landlord may discharge the same, in which event Tenant shall reimburse Landlord, on demand, for the amount All of Tenant's construction of the lien or the amount of the bond, if greater, plus all administrative costs incurred by Landlord in connection therewith, with interest thereon from the date Landlord discharges such lien at the lesser of twelve percent (12%) per annum or the maximum lawful rate of interest permitted by applicable law. The remedies provided herein Leased Premises shall be performed in addition a good and workmanlike manner satisfactory to Landlords' architect in accordance with applicable building codes, regulations and all other remedies available to Landlord under this Agreement legal requirements, and shall not interfere with or otherwise. Tenant shall have no power to do delay any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of work being done by Landlord, or any interest of Landlord in the Premises and/or the Parking Facility. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE PARKING FACILITY. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS AGREEMENT SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE PARKING FACILITY, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN's contractors.

Appears in 1 contract

Samples: Lease Agreement (Pinnacle Global Group Inc)

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