Common use of COVENANTS AGAINST LIENS Clause in Contracts

COVENANTS AGAINST LIENS. 11. (a) Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of any labor, work, services or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics or other lien or encumbrance shall be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.

COVENANTS AGAINST LIENS. 11Notwithstanding xxx other provisions of this Lease, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to, or any part, including without limitation, the Demised Premises, shall not be subject to liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713, Florida Statutes (collectively herein "Liens"), by Tenant, or Tenant's contractors, subcontractors (including sub-contractors), laborers and material suppliers supplying labor and/or material for the Demised Premises (collectively herein "Contractors"). Upon the execution of this Lease, Tenant acknowledges that Landlord, at Landlord's sole option and cost, may then or thereafter record among the Public Records of Broward County, Florida the Lease or short form thereof (a) to which Tenant shall joint in the execution, at Landlord' s request), or such other memorandum in form and substance satisfactory to Landlord, in Landlord's reasonable discretion, setting forth the contents of this Paragraph or any other matter for the purpose of insulating the interest of Landlord from any and all such Contractor's Liens, without mitigating or otherwise affecting any other provisions of this Lease. Tenant hereby acknowledges that Landlord shall further be permitted to do or perform any act necessary or appropriate, in Landlord's sole discretion, to prevent the filing of any Lien against the Demised Premises or any part thereof. In addition to the foregoing and not in lieu thereof, Tenant shall do all things necessary to prevent the filing of any actLiens against the Demised Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Demised Premises or any ground or underlying Landlords therein, nor make if any, by reasons of any contract which may create any lien work, labor, services, or other encumbrance upon materials performed or supplied or claimed to have been performed or supplied to Tenant, or anyone holding the Building or Demised Premises, nor permit nor suffer or any part thereof, by, through or under Tenant. If any such Lien shall at any time be filed, Tenant shall cause the same to remainbe vacated and canceled of record within thirty (30) days after the date of the filing thereof. If any such Lien shall be filed notwithstanding the provisions of this Paragraph, then, in addition to any other right or remedy of Landlord resulting from Tenant's said default, Landlord may, but shall not be obligated to, contest such Lien or vacate or release the same either by paying the amount claimed to be due or by procuring the release of such Lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, as a result of any laboradditional rent hereunder on demand, work, services all sums rightfully disbursed or materials performed, supplied or furnished for or deposited by Landlord pursuant to the Tenant foregoing provisions of this Paragraph, including Landlord's costs and expenses and reasonable attorneys' fees incurred in connection therewith; however, nothing contained herein shall imply any consent or agreement on the Premises. Ifpart of Landlord or mortgagees or holder of deeds of trust or any ground or underlying Landlords, because if any, of the Demised Premises to subject their respective estates or interests to liability under any act or omission (or alleged act or omission) of Tenant, any mechanics mechanics' or other lien or encumbrance shall be filed against the Building or Premiseslaw, whether or not such lien the performance or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any such work, labor, services materialsservices, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively materials to Tenant or anyone holding the Demised Premises, or any part thereof, by, through or under Tenant, shall have been consented to obtain payment for sameby Landlord and/or any of such parties.

COVENANTS AGAINST LIENS. 11Notwithstanding any other provisions of this Lease Agreement, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Property and Building, or any part, including without limitation, the Premises, shall not be subject to liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713, Florida statutes (collectively herein "Liens"), by Tenant, or Tenant's Contractors, subcontractors, laborers and material suppliers supplying labor and/or material for the Premises (collectively herein "Contractors"). Upon the execution of this Lease Agreement, Tenant acknowledges that Landlord, at Landlord's sole option and cost, may then or thereafter record among the Public Records in the county in which the Building is located, this Lease Agreement or short form thereof (aor such other memorandum in form and substance satisfactory to Landlord, in Landlord's sole discretion) for the purpose of insulating the interest of Landlord from any and all such Contractor's Liens, without mitigating or otherwise affecting any other provisions of this Lease Agreement. Tenant hereby acknowledges that Landlord shall further be permitted to do or perform any act necessary or appropriate, in Landlord's sole discretion, to prevent the filing of any Lien against the Premises or any part thereof. In addition to the foregoing and not in lieu thereof, Tenant shall not do all things necessary to prevent the filing of any actLiens against the Premises or the interest of Landlord or the interest of any mortgages or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, nor make if any, by reasons of any contract which may create any lien work, labor, services, or other encumbrance upon materials performed or supplied or claimed to have been performed or supplied to Tenant or anyone holding the Building or Premises, nor permit nor suffer or any part thereof, by, through, or under Tenant. If any such Lien shall at any time be filed, Tenant shall cause the same to remainbe vacated and canceled of record within thirty (30) days after the date of the filing thereof. If any such Lien shall be filed notwithstanding the provisions of this subparagraph, then, in addition to any other right or remedy of Landlord resulting from Tenant's default, occasioned by such filing, Landlord may, but shall not be obligated to, contest such Lien or vacate or release the same either by paying the amount claimed to be duc or by procuring the release of such Lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, as a result of any laborAdditional Rent hereunder on demand, work, services all sums disbursed or materials performed, supplied or furnished for or deposited by Landlord pursuant to the Tenant or the Premises. Ifforegoing provisions of this paragraph, because including Landlord's costs and expenses, including an administrative charge of any act or omission twenty percent (or alleged act or omission20%) of Tenantsuch sum, and attorneys' fees incurred in connection therewith. Nothing contained herein shall imply a consent or agreement on the part of Landlord or mortgagees or holders of deeds of trust or any mechanics ground or underlying lessors, if any, of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien or encumbrance shall be filed against the Building or Premiseslaw, whether or not such lien the performance or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any such work, labor, services materialsservices, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively materials to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant shall have been consented to obtain payment for sameby Landlord and/or any of such other parties.

COVENANTS AGAINST LIENS. 11. (a) Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of any labor, work, services or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics mechanic's or other lien or encumbrance shall be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties penalties, claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services services, materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.

COVENANTS AGAINST LIENS. 11Notwithstanding any other provisions of this Lease, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Building and the real estate on which it is located, or any part thereof, including without limitation, the Premises, shall NOT be subject to liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713, Florida Statutes (collectively herein "Liens"), by Tenant, or Tenant's contractors, subcontractors, laborers and material suppliers supplying labor and/or material for the Premises (collectively herein "Contractors"). (a) Upon the execution of this Lease, Tenant acknowledges that Landlord, at Landlord's sole option and cost, may then or thereafter record among the Public Records in the county in which the Building is located, this Lease or short form thereof, or such other memorandum in form and substance satisfactory to Landlord, in Landlord's sole discretion, for the purpose of insulating the interest of Landlord from any and all such contractor's liens, without affecting any provisions of this Lease. Tenant hereby acknowledges that Landlord shall further be permitted to do or perform any act necessary or appropriate, in Landlord's sole discretion, to prevent the filing of any lien against the Premises or any part thereof. In addition to the foregoing and not in lieu thereof, Tenant shall do all things necessary to prevent the filing of any liens against the Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, if any, by reason of any work, labor, services, or materials performed or supplied to Tenant, or anyone holding the Premises, or any part thereof, by, through, or under Tenant. If any such lien shall at any time be filed, Tenant shall cause the same to be vacated and cancelled of record within thirty (30) days after the date that Tenant receives notice of such lien. If any such lien shall be filed notwithstanding the provisions of this subparagraph, then, in addition to any other right or remedy of Landlord resulting from Tenant's default, Landlord may, but shall not do any actbe obligated to, nor make any contract which may create any contest such lien or vacate or release the same either by paying the amount claimed to be due or by procuring the release of such lien by giving security or in such other encumbrance upon the Building or Premises, nor permit nor suffer same manner as may be prescribed by law. Tenant shall repay to remainLandlord, as a result of any laboradditional rent hereunder on demand, work, services all sums disbursed or materials performed, supplied or furnished for or deposited by Landlord pursuant to the Tenant foregoing provisions of this Paragraph, including Landlord's costs and expenses and attorneys' fees incurred in connection therewith. However, nothing contained herein shall imply a consent or agreement on the Premises. Ifpart of Landlord or any mortgagee or holder of a deed of trust or any ground or underlying lessors, because if any, of the Premises to subject their respective estates or interests to liability under any act or omission (or alleged act or omission) of Tenant, any mechanics mechanics' or other lien or encumbrance shall be filed against the Building or Premiseslaw, whether or not such lien the performance or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any such work, labor, services materialsservices, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively materials to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant, shall have been consented to obtain payment for sameby Landlord and/or any of such parties.

COVENANTS AGAINST LIENS. 11. (a) Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of any labor, work, services or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics mechanic's or other lien or encumbrance shall be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten twenty (1020) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties penalties, claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowersOverdue Interest Rate, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services services, materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.