Common use of MECHANIC'S LIEN Clause in Contracts

MECHANIC'S LIEN. In the event any mechanic's lien shall at any time be filed against the Premises or any part of the Building by reason of work, labor, services or materials performed or furnished to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result of any such mechanic's lien. If Tenant shall fail to cause such lien forthwith to be discharged within twenty (20) days after being notified of the filing thereof, or, within such twenty-day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable in full by Tenant to Landlord on demand. Landlord shall have the right to post on the Premises notices of nonresponsibility for payment of labor and materials supplied to the Premises pursuant to applicable law.

MECHANIC'S LIEN. In the event any mechanic's lien shall at any time be filed against the Premises or any part of the Building by reason of to work, labor, services or materials performed or furnished to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result of any such mechanic's lien. If Tenant shall fail to cause such lien forthwith to be discharged within twenty forty-five (2045) days after being notified of the filing thereof, or, within such twenty-day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable in full by Tenant to Landlord on demand. Landlord acknowledges that this Article 27 shall have not be applicable to the initial improvements to be constructed within the Premises prior to the commencement of the Term, pursuant to Exhibit A-3 of this Lease Agreement, to the extent being constructed by Landlord. Landlord agrees, so long as Tenant is not otherwise in default, that any mechanic's lien filed against the Building (for which Tenant is responsible) may remain of record, if Tenant contests the same by legal action in Hennepin County District Court and if Tenant posts security (in a form reasonably acceptable to Landlord) with Landlord in an amount of not less than 150% of the amount of the lien; provided Landlord may revoke Tenant's right to post on not remove such lien of record if Landlord sells, conveys or refinances the Premises notices Building, by giving Tenant 30 days written notice that it must remove such lien of nonresponsibility for payment of labor and materials supplied to the Premises pursuant to applicable lawrecord.

MECHANIC'S LIEN. In the event A. Tenant shall not suffer any mechanicmechanics' or materialmen's lien shall at any time to be filed against the Demised Premises or any part of the Building Office Park by reason of work, labor, services or materials performed or furnished to Tenant or to anyone holding any part of the Demised Premises through or under Tenant. If any such lien shall at any time be filed as aforesaid, Tenant shall forthwith cause may contest the same to be discharged of record. in good faith but notwithstanding such contest Tenant shall and hereby does indemnify Landlord from and against all costsshall, damages and expenses within thirty (including reasonable attorney's fees) incurred by Landlord as a result of any such mechanic's lien. If Tenant shall fail to cause such lien forthwith to be discharged within twenty (2030) days after being notified of the filing thereof, orcause such lien to be released of record by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Tenant's failure to release of record any such lien within such twenty-day the aforesaid period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same may remove said lien by paying the full amount claimed to be due, thereof or by bondingbonding or in any other manner Landlord deems appropriate without investigating the validity thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord and all costs and expensesin connection with the discharge of said liens together with expenses incurred in connection therewith, including reasonable attorney's fees incurred by Landlord attorneys' fees. Nothing contained in procuring the discharge of such lien, this Lease shall be due and payable in full by Tenant to Landlord on demand. Landlord shall have the right to post construed as a consent on the part of Landlord to subject Landlord's estate in the Demised Premises notices to any lien or liability under the lien laws of nonresponsibility for payment of labor and materials supplied to the Premises pursuant to applicable lawState where the Office Park is located.

MECHANIC'S LIEN. No work which Landlord permits Tenant to do 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 the Landlord so that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the Premises. In the event any mechanic's or other lien shall at any time be filed against the Premises or any part of the Building by reason of work, labor, services or materials performed furnished, or furnished alleged to be performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result record or bonded to the satisfaction of any such mechanic's lienLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged within twenty (20) days or bonded after being notified of the filing thereof, or, within such twenty-day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, may discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable in full by Tenant to Landlord on demand. Landlord shall have the right to post on the Premises notices of nonresponsibility for payment of labor and materials supplied to the Premises pursuant to applicable lawas Additional Rent.

MECHANIC'S LIEN. In the event any mechanic's lien shall at any time be filed against the Premises or any part of the Building by reason of work, labor, services or materials performed or furnished or claimed to be performed or furnished to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause shall, within thirty (30) calendar days after Tenant becomes aware of the same to be discharged filing of record. Tenant shall such lien at its sole cost and hereby does indemnify Landlord from and against all costs, damages and expenses expense either (including reasonable attorney's feesa) incurred by Landlord as a result of any such mechanic's lien. If Tenant shall fail to cause such lien forthwith to be discharged within twenty discharged; or (20b) days after being notified provide security for such lien upon such terms and conditions, including, without limitation, conditions for the release of the filing thereof, or, within such twenty-day period, to otherwise post said security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, as Landlord, in Landlord's sole discretion, may require, then, the same shall constitute an Event of Default hereunder; provided however, that, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable in full by Tenant to Landlord on demand. Tenant hereby agrees to defend and indemnify Landlord and to hold Landlord harmless from and against any such lien or claim or action thereon, and shall have reimburse Landlord, as Additional Rent for Landlord's costs of suit and all attorneys' fees and costs incurred in connection with the right removal of any such lien, claim or action. Landlord hereby reserves the right, at any time and from time to post on time during the construction of the Premises notices of nonresponsibility for payment of labor and materials supplied or any subsequent alteration to enter onto the Premises pursuant to applicable lawand post and review notices in accordance with Minn. Stat. (S)514.06, as the same may be amended.

MECHANIC'S LIEN. No work which Landlord permits Tenant to do pursuant to Paragraph 22, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the premises. Tenant agrees to not engage any contractor for work done in the premises who requires the filing of a Mechanic's Notice of Intention. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the premises. In the event any mechanic's lien or other liens or any other notices of claim, including, without limitation stop notices ("lien") shall at any time be filed against the Premises or any part of the Building by reason of work, labor, services or materials performed or furnished to Tenant or to anyone holding the Premises premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result record or bonded to the satisfaction of any such mechanic's lienthe Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded within twenty three (203) days after being notified of the filing thereof, or, within such twenty-day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, may discharge the same by paying the amount claimed to be due, or by bonding, due and the amount so paid by Landlord together with interest thereon at the highest legal rate and all costs and expenses, including reasonable attorney's attorneys' fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable in full by Tenant to the Landlord on demand. Landlord shall have the right to post as additional rent on the Premises notices first day of nonresponsibility for payment of labor and materials supplied the next following month, or may, at the Landlord's election, be subtracted from any sums owing to the Premises pursuant to applicable lawTenant.

MECHANIC'S LIEN. In the event The Tenant shall not suffer or permit any mechanic's lien shall at any time mechanics' or artisans' or other liens to be filed or placed or exist against the Premises or any part fee of the Building Demised Premises nor against the Tenant's leasehold interest in said Demised Premises by reason of work, labor, services or materials performed supplied or furnished claimed to have been supplied to the Tenant or to anyone holding the Demised Premises through or any part there of or under the Tenant, and nothing in this lease contained shall be deemed or construed in any way as constituting the consent or request of the Landlord, expressed or implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishings of any materials for any specific improvements, alterations or repair of or to the Demised Premises or any part thereof, nor as giving the Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanics' or other liens against the fee of the Demised Premises. If any such mechanics' or other lien shall at any time be filed against the Demised Premises in connection with work performed at the request of the Tenant, the Tenant shall forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses record within thirty (including reasonable attorney's fees) incurred by Landlord as a result of any such mechanic's lien. If Tenant shall fail to cause such lien forthwith to be discharged within twenty (2030) days after being notified the date of filing the filing thereofsame at Tenant's expense, or, within such twenty-day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of the Landlord, the Landlord may, but shall not be obligated toobligated, upon prior notice to Tenant, to discharge the same either by paying the amount claimed to be due, due or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, lien by deposit in court or bonding and in any such event the Landlord shall be due entitled, if the Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and payable to pay the amount of the judgment, if any, in full by Tenant to Landlord on demand. Landlord shall have favor of the right to post on the Premises notices of nonresponsibility for payment of labor lienor with interest, costs and materials supplied to the Premises pursuant to applicable lawallowance, all at Tenant's expense.

MECHANIC'S LIEN. No work which Landlord permits Tenant to do pursuant to this Lease, whether in the nature of erection, construction, alteration and repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanics lien or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to improve the Premises. Tenant shall provide to Landlord, prior to Tenant's occupancy of the Premises, waivers or releases of mechanics liens from all subcontractors performing any and all work on behalf of Tenant or at Tenant's request. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractors on or about the Premises. In the event any mechanic's lien proceedings shall at any time be filed against the Premises with respect to mechanic's liens or any part of the Building other lien by reason of work, labor, services or and materials performed or furnished furnished, or alleged to be performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall shall, within fifteen (15) days after said filing, forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result record or bonded to the satisfaction of any such mechanic's lienLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged within twenty (20) days or bonded after being notified of the filing thereof, or, within such twenty-day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, may discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's attorneys fees incurred by Landlord in procuring the discharge of such lien, together with interest thereon at eighteen percent (18%) per annum shall be immediately due and payable in full by Tenant to Landlord on demand. Landlord shall have the right to post on the Premises notices of nonresponsibility for payment of labor and materials supplied to the Premises pursuant to applicable lawas Additional Rent.

MECHANIC'S LIEN. In the event Tenant shall, within ten (10) business days after notice from Landlord, cause to be discharged of record by payment, deposit, bond or otherwise, any mechanic's lien shall at any time be filed against the Premises for materials or any part of the Building by reason of work, labor, services or materials performed or labor claimed to have been furnished to the Demised Premises on Tenant's behalf (except for work contracted for by Landlord) and shall indemnify and hold harmless Landlord from any loss incurred in connection therewith. Provided that Tenant or shall have caused such mechanic's lien to anyone holding the Premises through or under Tenantbe discharged as aforesaid, Tenant shall forthwith cause have the same right to be discharged contest the validity of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result of any such mechanic's lien. If Notwithstanding the foregoing, if Tenant shall fail to cause such lien forthwith or claim to be discharged within twenty (20) days after being notified of the filing thereof, or, and removed from record within such twenty-ten (10) day period, to otherwise post security sufficient to bond over or discharge such lien, in a form reasonably acceptable to Landlord, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the same prosecution of an action for the foreclosure of such lien by paying the lienor and to pay the amount claimed to be due, or by bonding, of the judgment in favor of the lienor with interest and the amount costs. Any amounts so paid by Landlord and all costs and expenses, including reasonable attorney's fees attorneys' fees, incurred by Landlord in procuring connection therewith together with interest at the discharge default rate payable hereunder from the respective dates of such lienLandlord's making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be due and payable in full paid by Tenant to Landlord promptly on demand. Landlord shall have the right to post on the Premises notices of nonresponsibility for payment of labor and materials supplied to the Premises pursuant to applicable law.

MECHANIC'S LIEN. In the event If any mechanic's lien shall at any time be is filed against the Premises Demised Premises, or any part of the Building by reason of workwhich the Demised Premises are a part, labor, services for work claimed to have been done for Lessee or materials performed or claimed to have been furnished to Tenant or to anyone holding the Premises through or under TenantLessee, Tenant shall forthwith cause the same to be discharged of record. Tenant shall and hereby does indemnify Landlord from and against all costs, damages and expenses (including reasonable attorney's fees) incurred by Landlord as a result of any such mechanic's lien. If Tenant lien shall fail to cause such lien forthwith to be discharged by Lessee, at its sole cost and expense, within twenty (20) days after being notified of (or such shorter period as may be necessary to avoid a foreclosure or to allow Lessor to finance or sell the filing thereof, or, within such twenty-day period, Building without restriction or qualification) from the date Lessee receives written demand from Lessor to otherwise post security sufficient to bond over or discharge such said lien, in a form reasonably acceptable by the payment thereof or by filing any bond required by law. If Lessee shall fail to Landlorddischarge any such mechanic's lien, then, in addition to any other right or remedy of Landlord, Landlord Lessor may, but shall not be obligated toat its option, discharge the same by paying and treat the amount claimed to be duecost thereof as additional rent, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable upon receipt by Lessee of a written statement of costs from Lessor. It is hereby expressly covenanted and agreed that such discharge of any mechanic's lien by Lessor shall not be deemed to waive or release Lessee from its default under the Lease for failing to discharge the same. Lessee will indemnify and hold harmless Lessor from and against any and all expenses, liens, claims or damages to person or property which may or might arise as a result of Lessee undertaking Pre-occupancy Tenant Work in full by Tenant to Landlord on demand. Landlord shall have the right to post on the Demised Premises notices of nonresponsibility for payment of labor at its own cost and materials supplied under its own control and direction, or making any Alterations to the Premises pursuant to applicable lawDemised Premises, provided that any such expense, lien, claim or damages did not arise out of the negligence or willful misconduct of Lessor, its agents, employees or contractors.