Common use of Liens and Claims Clause in Contracts

Liens and Claims. (a) Tenant will keep the Property and the Complex free from any mechanics', materialmen's, designers' or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant. Tenant will upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed against Tenant or the Property or Tenant’s leasehold estate as a result of the failure to pay any amount that is Tenant’s responsibility and Tenant, within 45 days after such filing, does not release the same of record or provide Landlord with a bond or other surety satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Tenant will reimburse Landlord, as Rent, for all amounts Landlord pays (including, without limitation, reasonable attorneys' fees and costs). To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of the Work or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant, but not for any Claims arising from the Work or materials furnished and obligations incurred in connection with any the Work to the extent such Claims are the result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this New Exhibit “D”. NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENT

Liens and Claims. (a) Tenant will keep the Property and the Complex Premises free from any mechanics'’, materialmen'smaterialmens’, designers' ’ or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant. Tenant will upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed against Tenant or the Property or Tenant’s leasehold estate as a result of the failure to pay any amount that is Tenant’s responsibility and Tenant, within 45 30 days after such receipt of written notice of such filing, does not release the same of record or provide Landlord with a bond or other surety reasonably satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Tenant will reimburse Landlord, as Additional Rent, for all amounts Landlord actually pays (including, without limitation, reasonable attorneys' ’ fees and costs)) to release such liens. To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Initial Improvements, and any of the Work or any other work performedTenant Work, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant, but not for any Claims arising from the Work or materials furnished and obligations incurred in connection with any the Work except to the extent such Claims are the result of arise from or relate to Landlord’s negligence or willful misconduct, a default by Landlord under this Lease or a failure of Landlord to timely pay disclose to Tenant in writing any condition related to the Improvement Allowance in accordance with the terms of this New Exhibit “D”. NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENTBuilding.

Liens and Claims. (a) Tenant will keep the Property and the Complex free from any mechanics', materialmen's, designers' or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant; provided, that Landlord shall not permit any such liens to be placed upon Tenant’s leasehold estate as a result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this Exhibit “D”. Tenant will upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed against Tenant or the Property or Tenant’s leasehold estate as a result of the failure to pay any amount that is Tenant’s responsibility and Tenant, within 45 days after such filing, does not release the same of record or provide Landlord with a bond or other surety satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Tenant will reimburse Landlord, as Rent, for all amounts Landlord pays (including, without limitation, reasonable attorneys' fees and costs). To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of the Landlord’s Work or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant, but not for any Claims arising from the Landlord’s Work or materials furnished and obligations incurred in connection with any the Landlord’s Work to the extent such Claims are the result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this New Exhibit “D”. NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENT.

Liens and Claims. (a) Tenant will keep As and when requested, Subcontractor shall furnish evidence, which is satisfactory to Contractor and Owner, that all amounts due for labor and material Subcontractor has furnished in connection with performance of this Agreement have been paid, including union, health, welfare and pension fund payments and payroll taxes. Such evidence shall be furnished in such form and manner as Contractor requests, and all related statements Contractor requires shall be made by sworn affidavit. Subcontractor shall obtain releases of lien from all of Subcontractor’s subcontractors and suppliers identified on the Property Statement of Lower Tier Subcontractors and Suppliers, as set forth in Section 42, and shall provide Contractor with a certificate containing a statement, in a form acceptable to Contractor, all claims for compensation for the Complex Work have been satisfied. Subcontractor shall deliver the Work free from any mechanics'all claims, materialmen's, designers' or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant. Tenant will upon request record encumbrances and post notices of non-responsibility or such similar protective notices as Landlord may reasonably requestliens. If Subcontractor provides Contractor with written notice that a lien or claim is disputed, Subcontractor hereby agrees to fully reimburse Contractor for any such liens are filed against Tenant costs or the Property or Tenant’s leasehold estate losses Contractor incurs as a result of the failure to pay such lien or claim (including Contractor’s loss of use of any amount that is Tenant’s responsibility and Tenant, within 45 days after such filing, does not release the same of record or provide Landlord with a bond or other surety satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to retainage Owner holds back because the lien or posting security to cause the discharge of the lien. In such eventclaim has not been released, Tenant will reimburse Landlord, as Rent, for all amounts Landlord pays (including, without limitation, reasonable attorneys' fees and costswhich shall not be considered consequential in nature). To Where Subcontractor furnishes a notice of dispute, the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable notice shall not alter Contractor’s right to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex retain sufficient monies to fully protect Contractor from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of payments otherwise due Subcontractor until the Work or any other work performedis free of all claims, materials furnished or obligations incurred encumbrances and/or liens. Should Contractor be notified by or for Tenant or any a person or entity claiming byfurnishing labor, through services and/or materials to Subcontractor it has not been paid or under Tenantit is concerned it will not be paid, but not Contractor and Subcontractor hereby agree Contractor may, in its sole discretion and after sending written notice to Subcontractor, make payment by joint check to Subcontractor and such persons or entities in the amount of monies due such persons or entities for any Claims arising from the Work or labor, services and/or materials furnished and obligations incurred in connection with any the Work provided to the extent Project. Such joint payment shall be a full accord and satisfaction of the amount paid to said persons or entities as if such Claims are payment had been made solely to Subcontractor. This provision shall not, in any way, be construed: (i) as a promise or guarantee; (ii) as creating a contractual relationship between Contractor and third parties; (iii) as creating a liability on the result Contractor’s part for amounts Subcontractor owes; or (iv) as a waiver or limitation of LandlordContractor’s failure rights under this Agreement against Subcontractor or others. In no event, shall Contractor be obligated to timely pay make payments in excess of the Improvement Allowance in accordance with the terms of amounts due and payable to Subcontractor under this New Exhibit “D”. NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENTAgreement’s terms.

Liens and Claims. (a) Tenant will keep the Property and the Complex free from any mechanics', materialmen's, designers' or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant. Tenant will upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed against Tenant or the Property or Tenant’s leasehold estate as a result of the failure to pay any amount that is Tenant’s responsibility and Tenant, within 45 days after such filing, does not release the same of record or provide Landlord with a bond or other surety satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Tenant will reimburse Landlord, as Rent, for all amounts Landlord pays (including, without limitation, reasonable attorneys' fees and costs). To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of the Work or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant, but not for any Claims arising from the Work or materials furnished and obligations incurred in connection with any the Work to the extent such Claims are the result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this New Exhibit “D”. NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENTAssignment, Assumption And First Amendment To Office Lease Agreement 12/31/2012