Common use of Mechanics’ Lien Clause in Contracts

Mechanics’ Lien. Tenant shall have no authority to create or place any lien or encumbrances of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. If Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Landlord, and Landlord's interest in the Premises, and the building or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorneys' fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through or under Tenant within thirty (30) days after the filing of same.

Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall have no authority be construed to create authorize Tenant or place any lien person dealing with or encumbrances under Tenant, to charge the rents of any kind or nature whatsoever uponthe Leased Premises, or in any manner to bindthe property of which the Leased Premises form a part, or the interest of Landlord in the Premises estate of the Leased Premises, or to charge any person under and through whom Landlord has acquired its interest in the rentals payable hereunder for any claim in favor estate of the Leased Premises, with a mechanic's lien or encumbrance of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairskind, and each under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. If Tenant shall make repairs alterations or improvements to the Leased Premises, Tenant shallbut, in making such repairs on the contrary, the right or improvementspower to charge any lien, act solely for its own benefit and not as an agent claim or encumbrance of Landlord, and any kind against Landlord's interest in the Premises, and the building rents or the overall development Leased Premises or said land is denied. So long as the laws of which this state shall provide for the Premises are filing of a part, shall not be subject statutory bond to any eliminate the attachment of mechanic's, furnisher's or materialmen's liensliens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event of the filing of a notice of any such lien, Tenant covenants and agrees that it will pay or promptly take steps immediately to have any such lien removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option to cause the lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid all sums or advanced, shall be deemed to be additional rent due from Tenant to Landlord and payable by it on account shall be paid to Landlord immediately upon rendition to Tenant of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereona bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and hold Landlord harmless from any and against all loss, cost claims, damages, costs or expenseexpenses suffered by Landlord by reason of any repairs, including attorneys' feesinstallations or improvement, based on or arising out of asserted claims or liens against made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the leasehold estate or against the rights, title and interest of the Landlord in the Leased Premises or under cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the terms of this LeaseLeased Premises. Tenant Landlord shall discharge by payment or satisfactory bond pursuant have the further right any time, and from time to statutory procedures any lien arising out of work performed or materials furnished time, to post and maintain on the Leased Premises bysuch notices as Landlord deems necessary to protect the Leased Premises and Landlord, through or under Tenant within thirty (30) days after the filing from all liens of sameany nature whatsoever.

Mechanics’ Lien. Tenant shall have no authority authority, express or implied, to create or place any lien or encumbrances incumbrances of any kind or nature whatsoever upon, or in any manner instance to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. If It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the building Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenant Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it on in account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorneys' attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through or and under Tenant within thirty (30) days after the filing of same.

Mechanics’ Lien. Tenant shall have In accordance with the applicable provisions of the Florida Mechanic’s Lien Law and specifically Florida Statutes, Section 713.10, no authority to create interest of Lessor whether personally or place any lien or encumbrances of any kind or nature whatsoever uponin the Premises, or in the underlying land or Project of which the Premises are a part of the leasehold interest aforesaid shall be subject to liens for improvements made by Lessee or caused to be made by Lessee hereunder. Further, Lessee acknowledges that Lessee, with respect to improvements or alterations made by Lessee or caused to be made by Lessee hereunder, shall promptly notify the contractor making such improvements to the Premises of this provision exculpating Lessor’s liability for such liens. No work performed by Lessee pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Lessor so that no mechanic’s or other lien shall be allowed against the estate of Lessor by reason of any manner consent given by Lessor to bind, Lessee to improve the Premises. Lessee shall place such contractual provisions as Lessor may request in all contracts and subcontracts for Lessee’s improvements assuring Lessor that no mechanic’s liens will be asserted against Lessor’s interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. If Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Landlord, and Landlord's interest in the Premises, and the building or the overall development property of which the Premises are a part. Said contracts and subcontracts shall provide, shall not be subject among other things, the following: That notwithstanding anything in said contracts to any mechanic'sthe contrary, furnisher's or materialmen's liens. Tenant covenants (Lessee)’s contractors, subcontractors, suppliers and agrees materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Lessee; that it will pay or cause to be paid all sums due and payable by it on account of any no lien for labor performed or materials furnished in connection with any work performed on will be filed or claimed by the Premises on which any lien is or can be validly and legally asserted Contractors against its leasehold Lessor’s interest in the Premises or the improvements thereon. Tenant property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save and hold Landlord Lessor harmless from any and all loss, cost or expensecosts and expenses, including attorneys' reasonable attorney’s fees, based on suffered or incurred as a result of any such lien against Lessor’s interest that may be filed or claimed in connection with or arising out of asserted claims work undertaken by the Contractors. Lessee shall pay promptly all persons furnishing labor or materials with respect to any work performed by Lessee or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the leasehold estate or against the rights, title and interest of the Landlord in the Premises or under the terms property of this Lease. Tenant shall discharge which the Premises are a part by payment reason of work, labor, services or satisfactory bond pursuant to statutory procedures any lien arising out of work materials performed or materials furnished on furnished, or alleged to have been performed or furnished, to Lessee or to anyone holding the Premises by, through or under Tenant Lessee, and regardless of whether any such lien is asserted against the interest of Lessor or Lessee, Lessee shall cause the same to be discharged of record or bonded to the satisfaction of Lessor within thirty (30) days of notice of such lien. If Lessee shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of sameDefault and any other right or remedy of Lessor, Lessor may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Lessor, including reasonable attorneys’ fees incurred by Lessor either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Lessee to Lessor as Additional Rent. THE PREMISES AND INTEREST OF LESSOR IN THE PREMISES IS NOT SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY, OR FOR THE ACCOUNT OF LESSEE.

Mechanics’ Lien. Tenant shall have no authority authority, express or implied, to create or place any mechanic’s or other lien or encumbrances encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each person. Any such claim shall affect affect, and each such lien shall attach toattach, if at all, only to the leasehold interest granted to Tenant by this instrument. If Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Landlord, and Landlord's interest in the Premises, and the building or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of for any labor performed or materials furnished in connection with any work performed at Tenant’s request on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from and against any and all loss, cost or expense, expense (including court costs and attorneys' ’ fees, ) based on or arising out of asserted claims or liens asserted against the leasehold estate or against the rightsright, title and interest of the Landlord in the Premises or under the terms of this Lease. If any such lien, encumbrance or charge is filed against all or any part of the Premises, Tenant shall discharge cause the same to be discharged by payment payment, satisfaction or satisfactory bond pursuant to statutory procedures any lien arising out posting of work performed or materials furnished on the Premises bybond, through or under Tenant within thirty (30) days after the T▇▇▇▇▇ receives notice of filing of samesuch lien. If Tenant fails to cause any such lien, encumbrance or charge to be discharged, or removed by bond as a matter of law in the State of Georgia, within the permitted time, Landlord may cause it to be discharged and may make any payment which Landlord, in Landlord’s sole judgment, considers necessary, desirable or proper in order to do so. If Landlord makes any such payment, all amounts paid by Landlord shall bear interest at the Default Interest Rate from the date of payment by Landlord and shall be payable by Tenant to Landlord upon demand. Notwithstanding anything contained herein to the contrary, the foregoing covenant shall survive the expiration or termination of this Lease.

Mechanics’ Lien. A. Notice is hereby given that the Landlord shall not, under any circumstances, be liable to pay for any work, labor or services rendered or materials furnished to or for the account of the Tenant shall have no authority to create or place any lien or encumbrances of any kind or nature whatsoever upon, upon or in any manner to bind, connection with the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairsDemised Premises, and each such claim shall affect and each such lien shall attach tothat no mechanics or other liens for work, if at all, only labor or services rendered or materials furnished to or for the leasehold interest granted to Tenant by this instrument. If Tenant shall make repairs or improvements to account of the Premises, Tenant shall, in making such repairs under any circumstances, attach to or improvements, act solely for its own benefit and not as an agent of Landlord, and Landlord's interest in affect the Premises, and the building reversionary or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorneys' fees, based on or arising out of asserted claims or liens against the leasehold other estate or against the rights, title and interest of the Landlord in or to the Demised Premises or in and to any alterations, repairs or improvements to be erected or made thereon. B. The Tenant shall not suffer nor permit. during the term hereby granted, any mechanic's or other liens for work, labor, services or materials rendered or furnished to or for the account of the Tenant upon or in connection with the Demised Premises or to any improvements erected or to be erected upon the same, or any portion thereof; and it is understood that Tenant shall obtain and deliver unconditional written waivers of mechanic's liens as specifically set forth in Article 3 of the printed form hereof. Nevertheless, Tenant shall hold the Landlord and the Demised Premises harmless from all liens or charges, of whatever nature or description, arising from, or in consequence of, any alterations or improvements that the Tenant shall make, or cause to be made, upon the Demised Premises. C. If a notice of mechanic's lien be filed against the Demised Premises for labor or materials alleged to have been furnished, or to be furnished at the Demised Premises to or for the Tenant or to or for someone claiming under the terms of this Lease. Tenant; and if the Tenant shall discharge by payment or satisfactory bond pursuant fail to statutory procedures any take such action as shall cause such lien arising out of work performed or materials furnished on the Premises by, through or under Tenant to be discharged within thirty five (305) business days after the filing of samesuch notice; the Landlord may pay the amount of such lien or discharge it by deposit or by bonding proceeding, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord, as in the clause provided, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision of this Lease, or in defending any such action, shall be deemed to be additional rent for the Demised Premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month or at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of such additional rent shall not be a waiver of any other additional rent then due.

Mechanics’ Lien. Tenant shall have no authority to create or place any lien or encumbrances of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. If Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Landlord, and Landlord's interest in the Premises, and the building or the overall development of which the Premises are a part, Lessee shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenant covenants and agrees that it will pay or cause permit to be paid all sums due and payable by it on account created nor to remain undischarged any lien, encumbrance or charge arising out of any labor performed or materials furnished in connection with any work performed on behalf of Lessee at Lessee's sole request of any contractor, mechanic, laborer or materialman which might be or become a lien or encumbrance or charge upon the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Demised Premises or the improvements thereon. Tenant will save Building of which the Demised Premises is a part, or the income therefrom , and hold Landlord harmless from Lessee shall not suffer any and all lossother matter or thing whereby the estate, cost or expense, including attorneys' fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title right and interest of the Landlord Lessor in the Demised Premises or in the Building of which Demised Premises is a part might be impaired. Lessee shall include in all contracts and subcontracts for work to be performed on Lessee's behalf at the Demised Premises provisions wherein such contractor or subcontractor acknowledges that Lessor has no liability under such contracts and subcontracts, and that such contractor or subcontractor waives any right it may have to lien or attach Lessor's Building or the terms of this Leasereal estate upon which the Building is located. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures If any lien arising out or notice of lien on account of an alleged debt of Lessee or any notice of contract by a party engaged by Lessee or Lessee's contractor to work performed in the Demised Premises shall be filed against the Demised Premises or materials furnished the Building of which the Demised Premises is a part, or the real property on which the Premises bybuilding is located, through or under Tenant Lessee shall, within thirty twenty (3020) days after notice of the filing thereof, cause the same to be discharged of samerecord by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to cause such lien or notice of lien to be discharged within the period provided, then Lessor, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; and in any such event, Lessor shall be entitled, if Lessor so elects, to defend any prosecution of an action for foreclosure of such lien by the Lienor and to pay the amount of the judgment in favor of the Lienor with interest, costs and allowances. Any amount paid by Lessor and all costs and expenses, including attorney's fees, incurred by Lessor in connection therewith, together with interest thereon at the maximum legal rate from the respective dates of Lessor's making payment or incurring of the cost and expense, shall be paid by Lessee to Lessor on demand as additional rent. Nothing in this Lease shall be construed as in any way constituting a consent or request by Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishings or any materials for any specific or general improvements, alteration or repair of or to the Demised Premises or to any part thereof.