Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 7 contracts

Samples: Office Lease (ESSA Pharma Inc.), Sublease (Transcept Pharmaceuticals Inc), Sublease (Transcept Pharmaceuticals Inc)

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Mechanic’s Liens. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Premises of a character which may result in liens on Landlord's interest therein. Tenant will keep the Property and Premises free from and clear of all mechanics' liens and other liens on account of work done or claimed to have been done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify Landlord for, save Landlord harmless from, and defend Landlord against all liability, loss, damage, costs or expenses, including attorneys' fees and interest incurred on account of any mechanic’sclaims of any nature whatsoever, materialman’sincluding lien claims of laborers, materialmen, or similar others for work performed for, or for materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or other recorded against the Premises for work or materials supplied to Tenant, or should any action affecting the title thereto be commenced, Tenant shall cause such encumbrancesliens to be removed of record within 30 days after notice from Landlord. If Tenant desires to contest any claim of lien, including Tenant shall furnish to Landlord adequate security in the liens amount of 100% of the amount of the claim, plus estimated costs and interest, and, if a final judgment establishing the validity or existence of any security interest inlien for any amount is entered, conditional sales ofTenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of not have caused the same to be released of record or in connection with shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs or obtain a bond or title insurance protection against such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbranceso paid, without being responsible for investigating the validity thereof. The amount so paid together with reasonable attorneys' fees incurred in connection therewith, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize immediately due from Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 4 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens ’s lien or other such encumbrances, including the liens of any security interest in, conditional sales of, lien to be filed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of recorded against the Premises, in connection with any Tenant’s Changes on equipment or respecting materials supplied or claimed to have been supplied to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsTenant, or costs anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall at any time be filed or recorded against the Premises, or any portion thereof, Tenant shall cause the same to be discharged of record within fifteen (including attorneys’ fees15) arising out days after the date of filing or recording of the same same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty before fifteen (2015) days prior to the commencement of work on any Tenant’s Change due date thereof (but in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within no event later than thirty (30) days after written notice the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date thereof, if such lien involves an amount in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or Mortgagee) for the payment of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security will be available for the payment of the full amount of the lien together with all interest, penalties, costs and other charges in respect thereof. If Tenant complies with the foregoing, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or forfeiture of the Premises, or any part thereof, to satisfy the same, Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. The deposit held by the Landlord may be used to discharge the lien and any surplus deposit retained by Landlord; , after the payment of the lien shall be repaid to Tenant. Provided that nonpayment of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not to pay such lien during the period of Tenant’s contest. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and if expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), shall be repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall fail indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to do sothe extent resulting from the assertion, Landlord may pay the amount necessary filing, foreclosure or other legal proceedings with respect to remove any such mechanic’s lien or encumbranceother lien (other than any liens resulting solely from the acts of Landlord, without being responsible for investigating unless taken with the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation consent of Tenant or as to other remedies available to Landlord a result of a default by Tenant under this Lease. Nothing contained in this Lease shall authorize ) or the attempt by Tenant to do any act which shall discharge same as above provided. No such contest may be prosecuted if it could subject Landlord’s title to the Property or Premises Landlord to any liens civil liability or encumbrancesthe risk of any criminal liability or otherwise adversely affect Landlord, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesCampus.

Appears in 3 contracts

Samples: Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens 's lien or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of lien to be filed against the Premises, in connection with or any Tenant’s Changes on portion thereof, by reason of work, labor, skill, services, equipment or respecting materials supplied or claimed to have been supplied to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsTenant, or costs (including attorneys’ fees) arising out of anyone holding the same Premises, or in connection with any portion thereof, by through or under Tenant. If any such lien, security interest, conditional sale mechanic's lien or chattel mortgage other lien at any time shall be filed against the Premises or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any portion thereof, Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by the date Tenant first becomes aware of the filing of the same, at Tenant's election, shall cause said lien either to be discharged of record or to be bonded over in a manner which is reasonably acceptable to Landlord; and if . If Tenant shall fail to do sodischarge such mechanic's lien or liens or other lien or to bond over the same within such period, then Landlord may pay may, but shall not be obligated to, discharge the same by paying to the claimant the amount necessary claimed to remove be due or by procuring the discharge of such lien as to the Premises by deposit of a cash sum or encumbrancea bond or other security, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorneys' fees), together with interest thereon at the Maximum Rate of Interest, shall be repaid by Tenant to Landlord within thirty (30) days after demand therefor. Tenant shall indemnify, defend and hold harmless Landlord and the Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without being responsible for investigating limitation, reasonable attorneys' fees, resulting from the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandassertion, without limitation as to filing, foreclosure or other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises legal proceedings with respect to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a such mechanic's lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesother lien.

Appears in 3 contracts

Samples: Lease (LKQ Corp), Lease (LKQ Corp), Lease (LKQ Corp)

Mechanic’s Liens. Tenant will not permit, during the term hereby granted, any mechanic’s or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to, attach to or affect the demised premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Owner herein, or the building. The Tenant’s obligation to keep the Property demised premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Owner to the furnishing of any mechanic’ssuch work, materialman’slabor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed leasehold estate of the Owner in and constituting the demised premises or upon the land or building of which they are a part of the Premisesimprovements now erected or hereafter to be erected upon the demised premises or the land or building of which the demised premises are a part; and if any such mechanic’s or other lien or order shall be filed against the demised premises or the land or building of which the demised premises are a part, the Tenant shall, within thirty (30) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in connection with any Tenant’s Changes on or respecting a proper proceeding according to law. If the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfail to take such action, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any not cause such lien or encumbrance by bond or otherwise order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, Landlord the Owner may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Owner, including all reasonable attorney’s fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.

Appears in 3 contracts

Samples: Agreement of Lease (Teavana Holdings Inc), Agreement of Lease (Teavana Holdings Inc), Agreement of Lease (Teavana Holdings Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s8.1 Lessee will not create or permit to be created, or similar liens to remain, and will promptly discharge, at its sole cost and expense, any lien, encumbrance or other such encumbrances, including charge upon the liens of leased property or any security interest in, conditional sales ofpart thereof, or chattel mortgages uponupon Lessee's leasehold interest therein, any materialsexcept such as are created by the Lessor or the First Mortgagee. Provided however that, fixturesafter first having obtained First Mortgagee's prior written approval, Lessee shall have the right, at its own expense, to 9 contest by legal proceedings or articles so installed in and constituting part of the Premisesotherwise, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestencumbrance or charge upon the leased premises, conditional sale or chattel mortgage the underlying claim giving rise to any such lien, encumbrance or charge, in its own name, or in the name of Lessor or in both names, as Lessee shall deem necessary. During the period of any such contest or proceedings, Lessee shall not be deemed in default under this Lease solely because of the existence of any such lien, encumbrance or charge upon the leased premises. Nothing in this lease contained shall be construed as constituting the consent or request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or construction, alteration, addition, repair or demolition of or to the leased premises or any action part thereof. Notice is hereby given that Lessor will not be liable for any labor, services or proceeding brought thereonmaterials furnished or to be furnished to Lessee, or to anyone holding the leased premises or any part thereof through or under Lessee, and that no mechanic's or other liens for any such labor or materials shall attach to or affect the interest of Lessor or the First Mortgagee in and to the leased premises. Tenant Lessor shall give Landlord written notice at least have the right to require Lessee to remove any mechanic's lien, on twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)notice, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by providing a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesLessee's expense.

Appears in 3 contracts

Samples: Lease (Spartan Stores Inc), Lease (Spartan Stores Inc), Lease (Spartan Stores Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefore without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 3 contracts

Samples: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

Mechanic’s Liens. The Tenant will not permit, during the term hereby granted, any mechanic's or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to attach to or affect the Premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the Property Premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any mechanic’ssuch work, materialman’slabor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed in and constituting part leasehold estate of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may upon the land or building of which they are a part or the improvements now erected or hereafter to be necessary under applicable Laws)erected upon the Premises or the land, in order to afford Landlord or building of which the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordPremises are a part; and if any such mechanic's or other lien or order shall be filed against the Premises or the land or building of which the Premises are a part, the Tenant shall, within sixty (60) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within sixty (60) days after the filing thereof, the Landlord may may, after five (5) days' notice to Tenant, pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all reasonable attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by the Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in payable by the Premises and shall in all respects be subordinate to Landlord’s title Tenant to the Property and PremisesLandlord on demand, together with interest as aforesaid as additional rent.

Appears in 3 contracts

Samples: Lease (Getty Images Inc), Getty Images Inc, Getty Images Inc

Mechanic’s Liens. Landlord and Tenant shall keep covenant to each other that they will not permit any lien to be filed against the Property and Premises free from any mechanic’s, materialman’sor the Shopping Center as a result of nonpayment for, or similar liens disputes with respect to, labor or other such encumbrancesmaterials furnished to the Premises or the Shopping Center as a result of nonpayment for, or disputes with respect to, labor or materials furnished to the Premises or the Shopping Center for or on behalf of Tenant, Landlord or any party claiming by, through, or under Tenant or Landlord, nor shall either party permit any judgment, lien or attachment to lie, as applicable, against the Premises or the Shopping Center. Should any lien of any nature, including but not limited to the liens of any security interest inforegoing, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting be filed against the Premises not performed by or at Shopping Center, the request party on account of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any whose actions such lien or encumbrance by bond or otherwise has been filed shall, within thirty (30) days after receipt of written notice of such lien, cause said lien to be removed, or otherwise protected against execution during good faith contest by Landlord; (i) posting a bond therefor, (ii) escrowing adequate funds to cover the claim and if related transaction costs or (iii) taking such other action as may be permissible under applicable title insurance regulations and reasonably acceptable to the other party hereto. Furthermore, to the extent Landlord or Tenant shall fail is unable to do soobtain owner's or leasehold title insurance, Landlord as the case may pay the amount necessary to remove such lien be, or encumbrancean endorsement thereto, without being responsible for investigating mechanic's liens shown on "Schedule B" therein, due to a mechanic's lien attributable to work of Landlord or Tenant, such party shall provide the validity thereofnecessary indemnity to the title company to allow the party seeking the insurance to obtain such insurance without the mechanic's liens listed as an exception to title. The amount so paid Notwithstanding the foregoing, Landlord's obligations under the preceding two sentences shall be deemed Additional Rent under this Lease payable upon demand, without limitation as only apply to other remedies available liens filed that have a priority of record to Landlord under this Lease. Nothing contained in this Lease Furthermore, Landlord and Tenant shall authorize Tenant to do any act which shall subject Landlord’s title indemnify, defend (with counsel reasonably acceptable to the Property party being defended) and hold harmless, the other party hereto against all claims, costs, liability, or Premises to any liens or encumbrances, whether claimed expense resulting from the breach by operation such indemnifying party of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits obligations under this paragraph 13.

Appears in 2 contracts

Samples: Agreement (Basic Us Reit Inc), Agreement (Basic Us Reit Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s's lien or any other liens, materialman’sencumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or similar liens upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other such encumbrancesassurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including the liens those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes work performed on or respecting the Leased Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, that it will save and hold Landlord harmless from and defend Landlord against any claimsand all loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims, liens, encumbrances or charges against the same leasehold estate or against the interest of Landlord in connection with the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, security interestencumbrance, conditional sale claim or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time charge as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance placed upon the Property or Leased Premises arising in connection with any Work on or respecting by the Premises not performed by or at the request act of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Lease Agreement and Option to Purchase (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22 hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 2 contracts

Samples: Office Lease Agreement (Wageworks, Inc.), Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including reasonable attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordLandlord or at the conclusion of any contested matter not resolved in Tenant’s favor; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Office Lease (Sunesis Pharmaceuticals Inc), Office Lease (Sunesis Pharmaceuticals Inc)

Mechanic’s Liens. Section 11.1 Tenant shall keep the Property and Premises free from not suffer nor permit any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrancesliens to be filed against the Building, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's leasehold interest in the Premises and shall in all respects be subordinate by reason of work, labor, services or materials supplied or claimed to Landlord’s title have been supplied to the Property Tenant or anyone holding the Premises or any part thereof through or under the Tenant The Landlord shall have the right at all times to post any notice which the Landlord may deem to be necessary or advisable for the protection of the Landlord and the Building from mechanics' liens. If a mechanics' lien shall be filed against the Premises, Tenant shall discharge it within sixty (60) days after the filing date, except that if Tenant desires to contest such lien, it will comply with such statutory procedures as may be available to release the lien within sixty (60) days after filing date. If a final judgement establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay and charge for which a mechanics' lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, then, in addition to any other rights or remedies available, Landlord may, but shall not be obligated to, discharge the amount claimed to be due or cause the lien to be released in any other manner. Any amount paid by Landlord with respect thereto, and all attorneys' fees and costs of the Landlord, with interest at the rate of one and one half percent (1.5%) per month, shall upon demand be paid by the Tenant to the Landlord.

Appears in 2 contracts

Samples: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, 's or materialman’s's lien shall at any time be filed against the Demised Premises or any part thereof, or similar liens any encumbrance, charge, mortgage, title retention or other such encumbrancessecurity agreement be filed against the Demised Premises or any part thereof, including the liens by reason of any security interest inwork, conditional sales oflabor or services, or chattel mortgages uponmaterials or equipment furnished to or for Lessee, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee within thirty (30) days after written notice of the filing thereof, will cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to do socause any of the foregoing to be discharged within said period then, Landlord may in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same whether by paying the amount 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 compel the prosecution of an action for the foreclosure of such lien by the lienor, and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Lessor and all costs and expenses incurred by Lessor in connection therewith, together with interest thereon at the legal rate then obtaining from the respective dates of Lessor's making of the payment or incurring of the costs and expense, shall be deemed Additional Rent constitute additional rent payable by Lessee under this Lease payable upon and shall be paid to Lessor by Lessee on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained shall obligate Lessee to pay or discharge any lien created by Lessor. Nothing in this Lease shall authorize Tenant to do be deemed or construed in any act which shall subject Landlord’s title to way as constituting the Property consent or Premises to any liens or encumbrancesrequest of Lessor, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to a lien any contractor, subcontractor, laborer or encumbrance upon materialman for the Property performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises arising in connection with or any Work on part thereof, nor as giving Lessee any right, power or respecting authority to contract for or permit the Premises not performed by rendering of any services or at the request furnishing of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title any materials that would give rise to the Property and Premisesfiling of any lien against the Demised Premises or any part thereof.

Appears in 2 contracts

Samples: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s’s lien to be filed against the interest of Landlord or Tenant in the Demised Premises or Tenant Improvements by reason of work, materialman’slabor, services or materials supplied or claimed to have been supplied to Tenant, the Demised Premises, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofTenant Improvements, or chattel mortgages uponany part thereof, any materialsand agrees to exonerate, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifyprotect, defend, protect, indemnify and hold save harmless Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien. If any such mechanic’s lien shall be filed at any time, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and of the filing thereof cause the same to be discharged of record, provided, if Tenant shall fail promptly bond such lien with a responsible surety company, Tenant may contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings, diligently prosecuted, and such contest shall defer for its duration Tenant’s duty hereunder to do sodischarge the same. Upon request by Tenant, Landlord may pay the amount necessary shall execute and deliver any and all such documents or instruments, and, subject to remove approval of Landlord’s counsel, shall take any and all such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid other action as shall be deemed Additional Rent under this Lease payable upon demand, without limitation as necessary or proper to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize permit Tenant to do any act which shall subject bring such proceedings in Tenant’s or Landlord’s title name, or in the names of both of them, or otherwise to facilitate the Property conduct of such proceedings by Tenant. Tenant covenants to exonerate, protect, defend, indemnify and save harmless Landlord from any liability for the payment of any costs or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising expenses in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch proceedings.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

Mechanic’s Liens. Tenant Tenant, at its expense, shall keep discharge any lien or charge filed against the Premises or the Real Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on work claimed or respecting the Premises not performed determined in good faith by Landlord to have been done by or on behalf of, or materials claimed or determined in good faith by Landlord to have been furnished to, Tenant, within 30 days after Tenant's receipt of notice thereof by payment, filing the bond required by law or otherwise in accordance with law. If any such liens so attach and Tenant fails to pay and remove same or contest same as provided herein, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the request Interest Rate, as provided under Section 3.4 hereof for amounts owed Landlord by Tenant. Such sums shall be deemed to be additional rent due and payable by Tenant at once without notice or demand. Notwithstanding the foregoing prohibition against liens against the Premises, Tenant may in good faith and with reasonable diligence contest the validity or amount of Landlord any lien and defer payment and discharge thereof during the pendency of such contest, provided: (i) that such contest shall indemnify, defend, protect, and hold Landlord harmless from and against have the effect of preventing the sale or forfeiture of the Real Property of any claims, liabilities, judgementspart thereof, or costs (including attorneys’ fees) arising out of the same or in connection with any interest therein, to satisfy such lien; (ii) that, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordTenant has been notified of the filing of such lien, Tenant shall have notified Landlord in writing of Tenant's intention to contest such lien; and if (iii) that, at Landlord's option, Tenant shall have obtained a title insurance endorsement over such lien insuring Landlord, Mortgagee and Lessor against loss or damage by reason of the existence of such lien or Tenant shall have deposited or caused to be deposited a sum of money which shall be sufficient in the reasonable judgment of Landlord to pay in full such lien and all interest which might become due thereon, and shall keep on deposit an amount so sufficient at all times, increasing such amount to cover additional interest whenever, in the reasonable judgment of Landlord, such increase is advisable. If Tenant shall fail to do somaintain or cause to be maintained sufficient funds on deposit as hereinabove provided, shall fail to prosecute such contest or cause such contest to be prosecuted with reasonable diligence, or shall fail to pay or cause to be paid the amount of the lien plus any interest finally determined to be due upon the conclusion of such contest, Landlord may pay may, at its option, apply the money as deposited in payment of or on account of such lien, or that part thereof then unpaid, together with all interest thereon. If the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount of money so paid deposited shall be deemed Additional Rent under this Lease payable insufficient for the payment in full of such lien, together with all interest thereon, Tenant shall forthwith, upon demand, without limitation as to other remedies available to deposit with Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title a sum which, when added to the Property or Premises to any liens or encumbrancesfunds then on deposit, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest sufficient to make such payment in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesfull.

Appears in 2 contracts

Samples: Agreement (Imanage Inc), Agreement (Imanage Inc)

Mechanic’s Liens. If Tenant makes any alterations or improvements in the Premises, Tenant shall keep pay for same when made. Nothing in the Property and Premises free from Lease shall be construed to authorize Tenant or any mechanic’sperson dealing with or under Tenant, materialman’sto charge the Rents, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofPremises, or chattel mortgages upon, the interest of Landlord in the Premises or any materials, fixtures, person under or articles so installed through whom Landlord has acquired its interest in and constituting part the estate of the Premises, with a mechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in connection with the making of any Tenant’s Changes on such alterations or respecting improvements to the Premises, but, to the contrary, the right or power to charge any lien, claim or encumbrance of any kind against the Rent or the Premises is denied. Landlord shall have the right, but not performed the obligation, to notify all persons or entities supplying labor or materials for Tenant to the Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Premises is not subject to impression of a lien with respect thereto. So long as the laws of the State in which the Premises is located shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens 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 at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against materialmen's lien is threatened by any claims, liabilities, judgementscontractor, or costs (including attorneys’ fees) arising out in the event of the same or in connection with filing of a notice of any such lien, security interestTenant shall promptly pay same and take steps immediately to have the same removed. If the same is not removed within ten (10) days from the date of written notice from Landlord, conditional sale or chattel mortgage Landlord shall have the right, at Landlord's option, of paying the same or any action portion thereof and the amounts so paid, including attorneys' fees and expenses associated therewith and interest at the Default Rate on any sums and expenses paid or proceeding brought thereonadvanced from the date of expenditure by Landlord until the date of reimbursement by Tenant, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a xxxx for same. Tenant shall give indemnify and save harmless Landlord written notice at least twenty (20) days prior to the commencement from and against all losses, claims, damages, costs and expenses suffered by Landlord by reason of work on any repairs, installations or improvements made by Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Security Side Letter Agreement (American Barge Line Co), By and Between (American Barge Line Co)

Mechanic’s Liens. Tenant shall pay for all work done on the Premises by Tenant or at its request of a character which may result in liens on Landlord’s or Tenant’s interest and Tenant will keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectall mechanics’ liens, and hold other liens on account of such work. Tenant indemnifies, defends, and saves Landlord harmless from and against any claimsall liability, liabilitiesloss, judgementsdamage, or costs (expenses, including attorneys’ fees) arising out , on account of any claims of laborers, materialmen or others for work performed or for materials or supplies furnished to Tenant or persons claiming under Tenant. If any lien is recorded against the same Premises or in connection with any such lien, security interest, conditional sale or chattel mortgage Real Property or any action suit affecting title thereto is commenced as a result of such work, or proceeding brought thereon. supplying of materials, Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any cause such lien or encumbrance by bond or otherwise to be removed of record within thirty fifteen (3015) days after written notice by Landlord; and if from Landlord or Tenant shall fail post a sufficient bond against the same in an amount equal to do soone hundred fifty percent (150%) of the claimed mechanic’s lien designating Landlord as the beneficiary thereof. If Tenant desires to contest any claim, Tenant must furnish Landlord adequate security of at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity of any lien is entered, Tenant shall promptly pay and satisfy the same. If Tenant fails to proceed as aforesaid, Landlord may pay such amount and any costs, and the amount necessary to remove such lien or encumbrancepaid, without being responsible for investigating the validity thereof. The amount so paid together with reasonable attorneys’ fees incurred, shall be deemed Additional Rent under this Lease payable to Landlord upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Lease (Constant Contact, Inc.), Lease

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsjudgments, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Office Lease (Envivio Inc), Office Lease (Loxo Oncology, Inc.)

Mechanic’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 any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall keep the Property and Premises free from any mechanic’sliens and shall pay when due all bills arising out of any work performed, materialman’smaterials furnished, or similar liens obligations incurred by Tenant or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of Tenant’s Parties relating to the Premises, in connection . If any claim of lien is recorded with any Tenant’s Changes on or respecting the Premises not respect to work performed by or at the request on behalf of Landlord and Tenant or Tenant’s Parties, Tenant shall indemnify, defend, protect, and hold Landlord harmless from and bond against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of discharge the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty within ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Tenant has received notice by Landlord; and if Tenant shall fail to do so, Landlord may pay that the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting same has been recorded against the Premises not performed by or at the request of Landlord shall be null and void, orhave the right, at Landlord’s option, if Tenant has not bonded against or removed the lien within the ten (10)- day period, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the Interest Rate, shall attach only be Additional Rent due and payable within five (5) days after receipt of the xxxx therefor. Should any lien be filed against Tenant’s the Premises or any action be commenced affecting title to the Premises, the party receiving notice of such lien or action shall promptly give the other party written notice thereof. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect and hold Landlord harmless from any and all loss, cost or expense based on or arising out of claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises and shall in all respects be subordinate or this Lease arising from the act or agreement of Tenant. Tenant agrees to Landlord’s title to give Landlord prompt written notice of the Property and placing of any lien or encumbrance against the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Palm Inc), Lease Agreement (Palmsource Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 2 contracts

Samples: Industrial Building Lease Agreement (Amedica Corp), Office Lease Agreement (Graymark Healthcare, Inc.)

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant's sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’sliens arising out of work performed, materialman’smaterials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or similar liens other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or other creditor of Tenant will upon its face or by exhibit thereto indicate that such encumbrancesFinancing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. In connection with any improvements made by the Tenant to the Premises: (a) Tenant shall not allow any Notice of Commencement to be filed pursuant to Section 713.13, Florida Statutes, 2006, unless the form and content thereof (including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part description of the Premises, ) is approved in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice writing by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable (b) upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord Landlord, any liens filed shall be null and voidtransferred promptly by Tenant at its expense to bond or other security pursuant to Section 713.24, orFlorida Statutes, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises2006.

Appears in 2 contracts

Samples: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Mechanic’s Liens. If Tenant performs or orders (other than through Landlord or Landlord’s contractors) any construction or other work on or about the Leased Space for which a lien could be filed against the Leased Space or the Building, Tenant shall keep obtain from the Property contractor who performs such work a release of any liens which could be filed under the Mechanics’ Lien Law of the Commonwealth of Pennsylvania for such work which has been completed and Premises free paid for by Tenant, at the time of payment, and obtain similar releases from all subcontractors, sub-subcontractors and material suppliers. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including lien shall be filed against the liens of any security interest in, conditional sales of, Leased Space or chattel mortgages upon, any materials, fixtures, the Building purporting to be for labor or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on material furnished or respecting the Premises not performed by or to be furnished at the request of the Tenant other than through Landlord and or Landlord’s contractors, then Tenant shall indemnifyat its expense cause such lien to be discharged of record by payment, defendbond or otherwise, protectwithin fifteen (15) days after Tenant receives notice of the filing thereof. If Tenant shall fail to cause such lien to be discharged by payment, bond or otherwise within such period, Landlord may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and hold Tenant shall, upon demand, reimburse Landlord harmless from for all amounts paid and against any claimscosts incurred, liabilities, judgements, or costs (including attorneys’ fees, in having such lien discharged of record. If, however, Tenant notifies Landlord during such fifteen (15) arising out day period that it disputes the validity of the same or such lien and provides security reasonably acceptable to Landlord in connection with any an amount which is sufficient to discharge such lienlien in full, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant Landlord shall give Landlord written notice at least refrain from satisfying such lien for a period not to exceed one hundred twenty (20120) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdays.

Appears in 2 contracts

Samples: Lease (Viropharma Inc), Viropharma Inc

Mechanic’s Liens. Tenant Field Contractor shall keep the Property and Premises free from not suffer or permit any mechanic’s, laborer’s or materialman’s’s lien, or similar liens any other lien, to exist upon lands or other such encumbrances, including the liens property of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part City by reason of the Premises, in connection with any TenantField Contractor’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectoperations hereunder, and Field Contractor shall hold Landlord City harmless from and against any claimsand all such liens. If, liabilitieshowever, judgementsas a result of any Unit Operations, any liens shall be filed upon any lands within the Unit Area owned by or costs (including attorneys’ fees) subject to the control of City or the State by any mechanic, laborer or materialman, Field Contractor shall, with due diligence, and at its own cost and expense, defend any action brought to foreclose such lien, and such cost and expense shall be borne by Field Contractor and shall not be chargeable to any Contractor’s Net Profits Account, and, if it shall be necessary for City or State to defend or prosecute any action arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; for its own protection, Field Contractor shall pay and if Tenant discharge all reasonable expense incurred in so doing at Field Contractor’s sole cost and expense, and such cost and expense shall fail not be chargeable to do soany Contractor’s Net Profits Account. In the event of judgment being rendered in favor of such claimant in any such action, Landlord may Field Contractor will promptly pay the same on final judgment, together with all costs of suit, at Field Contractor’s sole cost and expense and such cost and expense shall not be chargeable to any Contractor’s Net Profits Account. The foregoing provisions of this article shall not apply to the extent of the principal amount necessary of any obligation giving rise to remove any such lien where such obligation was incurred by reason of compliance with any request, approval, or encumbrancedetermination of the City Manager or the Unit Operator, without being responsible for investigating the validity thereof. The amount so paid and shall be deemed Additional Rent under this Lease payable upon demand, without limitation as not apply to any other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title costs and expenditures to the Property extent they were incurred by reason of such compliance. Field Contractor shall exercise due care and diligence in protecting from defacement or Premises destruction any notices of non-responsibility for liens which City may post, or cause to be posted, upon any liens or encumbrances, whether claimed property of the City used by operation Field Contractor hereunder. Field Contractor shall also comply with the provisions of law or express or implied contract. Any claim Section 7.6 of the Unit Operating Agreement concerning Unit Operator’s obligations with respect to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesliens.

Appears in 1 contract

Samples: Contractors’ Agreement (California Resources Corp)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, in connection with any Tenant’s Changes on leasehold interest, or respecting Landlord’s fee interest in the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within 60 Days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale it shall be a material default under this Lease, and Landlord shall have, in addition to all other remedies provided by this Lease or chattel mortgage or any action or proceeding brought thereonby Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose and all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant within 30 Days following written demand by Landlord. Notwithstanding the foregoing, Tenant shall give Landlord written notice at least twenty (20) days prior have the right to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove contest any such lien or encumbrance by in good faith, if, within 60 Days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Accuimage Diagnostics Corp)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Xxxxxx agrees that at all times when the same may be necessary or desirable, Tenant shall keep will take such action as may be required to prevent the Property and Premises free from enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, Xxxxxx’s leasehold interest, or Landlord’s fee interest in connection with any Tenant’s Changes on or respecting the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Xxxxxx’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within 60 Days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale it shall be a material default under this Lease, and Landlord shall have, in addition to all other remedies provided by this Lease or chattel mortgage or any action or proceeding brought thereonby Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose and all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant within 30 Days following written demand by Landlord. Notwithstanding the foregoing, Tenant shall give Landlord written notice at least twenty (20) days prior have the right to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove contest any such lien or encumbrance by in good faith, if, within 60 Days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant Sublessee shall keep the Property and Premises free from give Sublessor Notice of Sublessee's intention to perform any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes work on or respecting the Premises not performed by or at the request which might result in any claim of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice lien at least twenty (20) days prior to the commencement of such work on to enable Sublessor to post and record a notice of non-responsibility or other notice Sublessor deems proper prior to the commencement of any Tenant’s Change such work (or lesser period of time if Sublessee causes any such notices to be posted and recorded). Sublessee shall not permit any mechanic's, materialmen's or other liens to be filed against the property of which the Premises are a part or against Sublessee's leasehold interest in the Premises. If Sublessee fails to cause the release of record of any lien(s) filed against the Premises or its leasehold estate therein by payment or posting of a proper bond (or such additional time other protection of Sublessor's and Lessor's interest as they may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise reasonably require) within thirty (30) days after written notice from the date of receipt of Notice of the lien filing(s), then Sublessor may, at Sublessee's expense, cause such lien(s) to be released by Landlord; and if Tenant shall fail to do soany means Sublessor reasonably deems proper, Landlord may pay including, but not limited to, payment of or defense against the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Sublessor in connection with any Work on the release of the lien(s), including but not limited to, all costs, expenses and reasonable attorneys' fees, shall be due and payable by Sublessee to Sublessor, as an item of Additional Rent, or respecting the Premises not performed deemed by or Sublessor, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch demand until paid by Sublessee.

Appears in 1 contract

Samples: Sublease (Inflow Inc)

Mechanic’s Liens. (a) Tenant shall keep not suffer or permit any liens to stand against the Property and Premises free from or any mechanic’spart thereof, materialman’sby reason of any work, labor, services or materials done for, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofsupplied to, or chattel mortgages upon, any materials, fixturesclaimed to have been done for, or articles so installed in and constituting supplied to, Tenant or anyone holding the Premises or any part of thereof through or under Tenant. If any such lien shall at any time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice receipt of Notice of the filing of same, by Landlord; and if either payment, deposit or bond. If Tenant shall fail to do sodischarge any such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may may, but shall not be obligated to, procure the discharge of such lien either by paying the amount claimed to be due, or such greater amount as is otherwise required pursuant to Legal Requirements, by deposit in court or bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses of Landlord, including counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary to remove such lien disbursements in connection therewith, together with interest thereon at the Interest Rate from the date of payment or encumbrancedeposit, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease become due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize forthwith by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at the option of Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate payable by Tenant to Landlord’s title to the Property and PremisesLandlord as Additional Rent.

Appears in 1 contract

Samples: Agreement of Lease (Pdi Inc)

Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written Xxxxxx’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such. as an undertaking with Xxxxxxxx’s title company to insure that, upon final determination of the validity of such lien or claim, Xxxxxx shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for, all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnity and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Mechanic’s Liens. Tenant shall keep the Property Premises and Premises all parts thereof at all times free from of mechanic’s liens and any mechanic’sother lien for labor, materialman’sservices, supplies, equipment or similar material purchased or procured, directly or indirectly, by or for Tenant. Tenant further agrees that Tenant will promptly pay and satisfy all liens or of contractors, subcontractors, mechanics, laborers, materialmen, and other such encumbrancesitems of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys fees and costs reasonably incurred in and about the liens defense of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed suit in and constituting part of discharging the Premises, in connection with from any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifyliens, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsjudgments, or costs (including attorneys’ fees) arising out of encumbrances caused or suffered by Tenant. In the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove event any such lien shall be made or encumbrance by filed, Tenant shall bond against or otherwise discharge the same within thirty sixty (3060) days after written the same had been made or filed and Tenant has actual notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid foregoing notwithstanding, in the event Landlord should be in the process of either selling the Premises of refinancing the Premises then Tenant shall bond against or discharge an such lien within ten (10) days after the same had been made or filed and Tenant has actual notice thereof. It is understood and agreed between the parties hereto that the expenses, costs and charges above referred to shall be deemed Additional considered as Rent under this Lease payable upon demand, without limitation as due and shall be included in any lien for Rent. The Tenant herein shall not have any authority to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to create any liens for labor or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon material on the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and all persons contracting with the Tenant for the construction or removal of any facilities or other improvements on or about the Premises, and all materialmen, contractors, mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and to the Tenant’s interests in the Premises to secure the payment of any xxxx for work done or material furnished at the request or instruction of Tenant. In accordance with Florida Statutes 713.10, Landlord shall have the right to post on the Premises and to file and/or record in all respects be subordinate to the Public Records or court registry, as applicable, notices of non-responsibility and such other notices as Landlord may reasonably deem proper for the protection of Landlord’s title interest in the Premises. Tenant shall, before the commencement of any work which might result in any lien on the Premises, give Landlord reasonable written notice under the circumstances of its intention to the Property and Premisescommence said work.

Appears in 1 contract

Samples: Standard Lease (HeartWare International, Inc.)

Mechanic’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 any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall keep the Property and Premises free from any mechanic’sliens and shall pay when due all bills arising out of any work performed, materialman’smaterials furnished, or similar liens obligations incurred by Tenant or other such encumbrancesTenant's Parties relating to the Premises. If any claim of lien is recorded with respect to work performed by or on behalf of Tenant or Tenant's Parties, Tenant shall bond against or discharge the same within ten (10) business days after the same has been recorded against the Premises or Landlord shall have the right, at Landlord's option, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the liens Interest Rate, shall be Additional Rent immediately due and payable upon rendition of a xxxx therefor. Should any security interest in, conditional sales of, lien be filed against the Premises or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of action be commenced affecting title to the Premises, in connection with any Tenant’s Changes on the party receiving notice of such lien or respecting action shall immediately give the Premises not performed by or at the request of Landlord and other party written notice thereof. Tenant shall indemnify, defenddefend (by counsel satisfactory to Landlord), protect, protect and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord this Lease arising from the opportunity act or agreement of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove agrees to give Landlord immediate written notice of the placing of any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay against the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tibco Software Inc)

Mechanic’s Liens. Tenant The Lessee shall keep not subject the Property and Premises free from Lessor’s interest or estate to any liability under any mechanic’s’s or other lien law. No provision of this lease may be construed to imply that the Lessor has consented to the Lessee’s incurring such lien. If a mechanic’s lien, materialman’slis pendens or other lien is filed against the demised premises for any work, labor, services or materials that the lienor claims to have performed or furnished on behalf of the Lessee, or similar liens any person holding through or other under the Lessee, the Lessee must cause such encumbranceslien to be cancelled and discharged of record within ten (10) days after notice of such lien by the Lessor. If such lien is filed, including the liens of Lessor may satisfy the lien after giving notice thereof to the Lessee and without limiting the Lessor’s rights or remedies under the lease. The Lessee shall promptly reimburse the Lessor for any security interest in, conditional sales of, or chattel mortgages upon, amounts expended to satisfy the lien and for any materials, fixtures, or articles so installed in and constituting part of the Premises, expenses incurred in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereofsatisfaction. The amount so paid Lessee shall have no right to setoff against the Lessor. The Lessee’s failure to cancel and discharge of record any lien under this paragraph shall be deemed Additional Rent a default by the Lessee under the provisions of this Lease payable upon demandlease. Authentisign ID: 739D4804-2276-46C6-AFC6-178BF352B142 27. NOTICE. LESSOR: True Builders Inc. 0000 X. Xxxxxxxx Xx. Xxxxx Xxxx, without limitation as XX 00000 863-299-2750 LESSEE: Xxxx Xxxxx, P.A. 0000 XX Xxx 00 X. Xxxxxxxxxx, XX 00000 000-000-0000 EMAIL: xxxxx@xxxxxxxxx.xxx Any notice which is to other remedies available be given to Landlord under this Leaseeither party hereunder shall be deemed sufficiently given if sent by certified or registered mail, postage prepaid, to such party at its address appearing above in writing. Nothing contained in this Lease Any notice given to Lessee shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises also be given to any liens assignee or encumbrances, whether claimed by operation sublessee and all notices to any assignee or sublessee of law or express or implied contract. Any claim Lessee shall also be sent to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesLessee.

Appears in 1 contract

Samples: Office Lease

Mechanic’s Liens. Tenant It is expressly acknowledged and understood that Lessor does not consent to, and has not by the execution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, excepting such subordinate mortgage lien or liens as are expressly approved in writing by Lessor. Said approval shall keep be contingent upon the Property amendment of this Lease to add provisions regarding conditions of the imposition of any liens and Premises free from obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrancesliens to be filed against the fee of the Premises or any portion thereof, including nor against Lessee's leasehold interest in the liens property nor any of the Improvements on the Premises by reason of any security interest inwork, conditional sales oflabor, services or chattel mortgages upon, materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any materials, fixtures, part thereof through or articles so installed in and constituting part under Lessee. In the case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestLessee shall immediately thereupon discharge the same by payment, conditional sale bonding or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days otherwise, but in all events prior to the commencement foreclosure thereof. If default in payment thereof shall continue beyond the expiration of work on any Tenant’s Change in the Premises ten (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Lessee's receipt of a notice by Landlord; and if Tenant thereof, Lessor shall fail have the right but not the obligation, at Lessor's option, to do so, Landlord may pay the amount necessary to remove discharge such lien at Lessee's sole cost and expense, and in such event, Lessee shall reimburse Lessor for such costs within ten (10) days of receipt of a statement of said costs from Lessor. In addition to the foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all notices and/or correspondence directed to Lessee by any person or encumbranceentity alleging the right to, without being responsible or notifying Lessee of the filing of any mechanic's, materialman's or other lien against the fee of the Premises. Lessee further covenants and agrees to protect, indemnify, defend and hold harmless Lessor from and against all bills and claims, liens and rights to liens for investigating labor and materials and architect's, engineer's, contractor's and subcontractor's claims, and all fees, claims and expenses incident to the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandconstruction and completion of any improvements, including without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act reasonable attorneys' fees which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed may be incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Lessor in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisestherewith.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Tenant shall keep This LeaseAgreement and State law strictly forbids the Property and Premises free from filing of any mechanic’sliens whatsoever by any contractor, materialman’ssubcontractor, or similar liens materialmen, laborer or other such encumbrances, including the liens of person for any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at the request of Tenant in or about the Premises. Notice of such prohibition may be given to such persons in a memorandum of lease recorded in the public records of the county in which the Premises is located. The purpose of this Section is to expressly exculpate and insulate Landlord from any liability whatsoever for the cost of any such work performed by or at the request of Tenant. The interest of Landlord in the Premises shall not be subject to foreclosure with respect to any such liens. In addition, Tenant shall cause any lien filed against the Premises in violation of this Section 14 to be released and discharged within ten (10) days after Landlord's written demand therefore and Tenant shall indemnify, defend, protect, indemnify and hold Landlord harmless from and against any claimssuch lien and any cost, liabilitiesdamages, judgements, or costs (including attorneys’ fees) arising out of the same or charges and expenses incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbranceincluding, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandlimitation, without limitation as to other remedies available to Landlord under this Leaseattorney’s fees. Nothing contained in this Lease Section 14, or the LeaseAgreement, shall authorize Tenant to do any act which shall subject Landlord’s title to may create or be the Property foundation for any lien, mortgage or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or other encumbrance upon the Property reservation or other estate of Landlord, or of any interest of Landlord in the Premises, or in the Proper­ty or improvements thereof; it being agreed that should Tenant cause any alterations, changes, additions, improvements or repairs to be made in the Premises, or cause materials to be furnished or labor to be performed therein, neither Landlord nor the Premises arising shall, under any circumstances, be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the Premises or any part thereof. Tenant shall, upon request of Landlord, deliver such documents as may be required by Landlord in connection order to effectuate the lien protection required by this Section; all such alterations, changes, additions, improvements and repairs and materials and labor shall be at Tenant's expense; and Tenant shall be solely and wholly responsible to contractors, laborers and materialmen furnishing labor and materials to the Premises, or any part thereof. Tenant shall inform every service or material provider of the foregoing provisions prior to contracting with any Work on of them for goods or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesservices.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party shall be deemed authorized and shall indemnify, defend, protectordered by Tenant only, and hold Tenant shall not permit any mechanic’s liens to be filed against the Premises or the Project in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord harmless final lien waivers from all contractors, subcontractors and against any claimsmaterialmen who performed such work. If such a lien is filed, liabilitiesthen Tenant shall, judgementswithin thirty (30) days (unless Landlord is in the process of selling the Building or obtaining financing, or costs in which case Tenant shall within ten (including attorneys’ fees10) arising out days) after Landlord has delivered notice of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. filing thereof to Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional earlier time period as may be necessary under applicable Lawsto prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), in order either: (1) pay the amount of the lien and cause the lien to afford Landlord the opportunity be released of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any record; or (2) diligently contest such lien or encumbrance by and deliver to Landlord a bond or otherwise other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after written Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice by Landlord; and if that they look exclusively to Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible obtain payment for investigating the validity thereofsame. The amount so paid Nothing herein shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to a consent by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance being placed upon the Property Premises, Project or Premises arising in connection with Landlord’s interest therein due to any Work on or respecting the Premises not work performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the Premises and cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic's or materialman's lien or liens to be placed upon the Property and Demised Premises free or improvements thereon during the Lease Term caused by or resulting from any mechanic’swork performed, materialman’s, materials furnished or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligation incurred by or at the request of Landlord and shall indemnify, defend, protectXxxxxx, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interestTenant, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least within twenty (20) days prior to of the commencement filing of work on any Tenant’s Change in same (herein the Premises (or such additional time as may be necessary under applicable Laws"20 Day Period"), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall pay or remove any such lien or encumbrance liens by placing with Landlord a cash deposit in an amount adequate to cover the lien(s) and all costs and interest which may accrue with respect to such lien(s), or at Tenant's option, Tenant may, within said 20 Day Period, or if Tenant fails promptly and within said 20 Day Period to do so, Landlord may, but is not obligated to, bond over, at Tenant's cost, any and all such lien(s) under an applicable statutory or otherwise within thirty other bonding procedure which causes the full release and discharge of such lien or claim from the Demised Premises, and the improvements thereto, including, without limitation, the right, at Tenant's cost, to bond over pursuant to Arizona Revised Statutes, Section 33-1004, or any related, amended or superseding statute or law pertaining to such or a similar bonding procedure. If default in payment thereof, or in removal or bonding over of such lien(s) as required or permitted above, shall continue for twenty (3020) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege at Landlord's option of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount , and any amounts so paid paid, including reasonable expenses and interest thereon at the rate of fifteen percent (15%) per annum from the date of payment by Landlord, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available additional indebtedness and rent hereunder due from Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord and shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate repaid to Landlord’s title Landlord immediately on rendition by Landlord to the Property and PremisesTenant of a bill therefor.

Appears in 1 contract

Samples: Sublease Agreement (United Auto Group Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority, express or implied, to create or place any mechanic’s, materialman’s, lien or similar liens or other such encumbrances, including the liens encumbrance of any security kind or nature whatsoever upon the interest inof Landlord or Tenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenaxx, conditional sales of, xxcluding those who may furnish materials or chattel mortgages upon, perform labor for any materials, fixtures, construction or articles so installed in repairs. Tenant covenants and constituting part agrees that it will pay or cause to be paid all sums legally due and payable by it on account of the Premises, any labor performed or materials furnished in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at on behalf of Tenant on the request of Landlord Premises and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or under the terms of this Lease arising from such additional time as may be necessary under applicable Laws), in order work. Tenaxx xxxees to afford give Landlord prompt written notice of the opportunity placing of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by against the Premises. If any mechanics' or materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of such M&M Lien so long as (i) prior to any such contest (and no later than 30 days after such lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail affect Tenant's indemnification obligations with respect to do so, Landlord may pay the amount necessary to remove such M&M Lien. Xx any lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only is asserted against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.the

Appears in 1 contract

Samples: Lease Agreement (Advancepcs)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant will not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the term hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filling of any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant will promptly pay same. Tenant If default in payment thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefore, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx shall constitute default under Item 20 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in and to the Premises. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and other a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord shall not be subject to liens for improvements made by Tenant to the Premises.

Appears in 1 contract

Samples: Lease Agreement (Unilens Vision Inc)

Mechanic’s Liens. The interest of Landlord in the Shopping Center and the Premises shall not be subject to liens for improvements made by Tenant. Notwithstanding anything to the contrary contained in the statutes of the State of California or in this Lease, Tenant shall keep not be deemed to be a partner, joint venturer or agent of Landlord; and in no event shall any lien resulting from Tenant's improvements to the Property and Premises free from encumber Landlord's underlying fee simple estate. Tenant agrees that it shall not enter into any mechanic’scontract for improvements to the Premises unless the following language is included in such contract: "Notwithstanding anything herein contained to the contrary, materialman’sthe contractor acknowledges that CHICAGO PIZZA & BREWERY, or similar liens or other such encumbrancesINC. holds only a leasehold interest in the property which is the subject of this contract. CHICAGO PIZZA & BREWERY, including INC. is not the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part agent of the Premises, in connection with any Tenant’s Changes on or respecting owner of the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectproperty, and hold no lien resulting from work performed under this contract shall attach to the interest of such owner." Tenant shall not permit any work to be commenced until such time as Tenant has provided Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out with a fully executed copy of the same or in connection with any such lienconstruction contract evidencing incorporation of the aforesaid language. In addition, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of the work, Tenant shall post the following notice in a conspicuous place on the Premises, and shall assure that such notice is maintained throughout the entire course of construction: "NOTICE TO CONTRACTORS, SUBCONTRACTORS, MATERIALMEN AND LABORERS Notice is hereby given that work on X.X.'S CHICAGO PIZZA, GRILL & BREWERY, located at 00000 Xxxxx Xxxxxxxxx, Xxxx xx Xxxxxxxxxx Xxxxx, Xxxxx of California, is being performed for CHICAGO PIZZA & BREWERY, INC.. CHICAGO PIZZA & BREWERY, INC. is not the agent of the owner of this property, and any lien rights shall be limited to the Leasehold estate of CHICAGO PIZZA & BREWERY, INC. and shall in no event attach to the interest of the owner." If, for whatever reason, any mechanic's or other lien shall be filed against the Premises, or the Shopping Center, purporting to be for labor or material furnished or to be furnished at the request of Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. then Tenant shall remove any shall, at its expense, cause such lien or encumbrance to be discharged of record by payment, bond or otherwise as allowed by law, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof. If Tenant shall fail to do so, Landlord may pay the amount necessary to remove cause such lien to be discharged of record within such ten (10) day period, Landlord, in addition to any other rights and remedies, may, but shall not be obligated to, cause such lien to be discharged by payment, bond or encumbranceotherwise, without being responsible for investigating investigation as to the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable thereof or as to any offsets or defenses thereto, and Tenant shall, upon demand, without limitation as to other remedies available to promptly within ten (10) days, reimburse Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrancesfor all amounts paid and costs incurred, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or including attorneys' fees and interest thereon at the request maximum legal rate from the respective dates of Landlord's payments therefor, in having such lien discharged of record, and, further, Tenant also shall otherwise indemnify, protect, defend and save Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesharmless from any claim or damage resulting therefrom.

Appears in 1 contract

Samples: Lease (Chicago Pizza & Brewery Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens 's lien or other such encumbrances, including the liens of any security interest in, conditional sales of, lien to be filed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of recorded against the Premises, in connection with any Tenant’s Changes on equipment or respecting materials supplied or claimed to have been supplied to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsTenant, or costs (including attorneys’ fees) arising out of anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic's lien or other lien shall at any time be filed or recorded against the Premises, or any portion thereof, Tenant shall cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before thirty (30) days prior to the due date thereof (but in no event later than 30 days after the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date thereof, if such lien involves an amount in excess of $100,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or Mortgagee) for the payment of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security will be available for the payment of the full amount of the lien together with all interest, penalties, costs and other charges in respect thereof. If Tenant complies with the foregoing, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or forfeiture of the Premises, or any part thereof, to satisfy the same, Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. Any surplus deposit retained by Landlord; and if Tenant , after the payment of the lien shall fail be repaid to do soTenant. Provided that nonpayment of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord may agrees not to pay the amount necessary to remove such lien or encumbranceduring the period of Tenant's contest. However, without being responsible if Landlord pays for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation discharge of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord plus an administration fee equal to 5% of such costs and expenses), shall be repaid by Tenant to Landlord on demand by Landlord, together with any Work on or respecting the Premises not performed by or interest thereon at the request of Overdue Rate. Tenant shall indemnify and defend Landlord shall be null against and voidsave Landlord and the Premises, orand any portion thereof, at Landlord’s optionharmless from and against all losses, shall attach only against Tenant’s interest in costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees, resulting from the Premises and shall in all respects be subordinate assertion, filing, foreclosure or other legal proceedings with respect to Landlord’s title any such mechanic's lien or other lien or the attempt by Tenant to the Property and Premisesdischarge same as above provided.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Egl Inc)

Mechanic’s Liens. Tenant shall agrees that it will pay or cause to be paid all costs for all work done by it or caused to be done by it on the Demised Premises, and Tenant will keep the Property and Demised Premises free from any and clear of all mechanic’s, materialman’s, 's liens and other liens on account of work done for Tenant or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord persons claiming under it. Tenant agrees to and shall indemnify, defenddefend and save the Landlord free and harmless against liability, protectloss, damage, costs, attorneys' fees, and hold all other expenses on account of claims of Hen of laborers or materialmen or others for work performed or materials or supplies furnished for the Tenant or persons claiming under it. If the tenant shall desire to contest any claim of lien, it shall furnish the Landlord harmless from adequate security of the value or in the amount of the claim, plus estimated costs and against any claims, liabilities, judgementsinterest, or costs (including attorneys’ fees) arising out a bond of a responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, the Tenant shall pay and satisfy the same or at once. If the Tenant shall be in default in paying any charge for which a mechanic's lien claim and suit to foreclose the Lien have been filed, and shall not have given the Landlord security to protect the property and the Landlord against such claim of lien, the Landlord may (but shall not be required to) pay the said claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from the Tenant to the Landlord, and the Tenant shall pay the same to Landlord with interest at a maximum rate allowed under the Law of the State of California in effect at the time this Lease was executed from the dates of the Landlord's payments. Should any claims of lien be filed against the Demised Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. The Landlord or its representatives shall have the right to go upon and inspect the Demised Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility, or such other notices which the Landlord may deem to be proper for the protection of the Landlord's interest in the Demised Premises. The Tenant shall, before the commencement of any work which might result in any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give to the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail his intention to do so, Landlord may pay so in sufficient time to enable the amount necessary to remove posting of such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesnotices.

Appears in 1 contract

Samples: Top Group Holdings Inc

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall keep be deemed to be for the Property immediate use and Premises free from any benefit of Landlord, nor shall Tenant be deemed to be the agent of Landlord in performing such work, so that no mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall be allowed against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of consent given by Landlord to Tenant to improve the Demised Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the Demised Premises. If any mechanic's or other lien shall at least twenty (20) days prior any time be filed against the Demised Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the commencement of work on any Demised Premises through or under Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise shall, within thirty (30) business days after written receiving notice by thereof, cause the same to be discharged of record or bonded to the satisfaction of Landlord; , at Tenant's sole cost and if expense. If Tenant shall fail to do socause such lien to be so discharged or bonded within such thirty (30)-day period, then, in addition to any other right or remedy of Landlord, Landlord may pay bond or discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord, including reasonable attorneys' fees, incurred by Landlord either in defending against such lien or encumbrancein procuring the bonding or discharge of such lien, without being responsible for investigating together with interest thereon at the validity thereof. The amount so paid Interest Rate shall be deemed due and payable by Tenant to Landlord as Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days after Tenant's receipt of notice thereof from Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (Silver Diner Development Inc /Md/)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant shall not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null and void, or, at Landlord’s option, subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease (Liquidmetal Technologies)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed as constituting the consent or request of Landlord, express or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any improvement, alteration or repair of the Premises or any part thereof nor as giving Tenant any right, power, authority or permit for the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the real property of which the Premises is a part, the Premises or any part thereof. Any work done for and materials supplied to Tenant by a contractor, subcontractor, laborer or materialman at Tenant's request shall be paid for by Tenant directly, and Landlord shall have no liability therefor. Tenant shall keep the Property Building and the Premises free from and clear of all liens for any mechanic’s, materialman’s, work or similar liens material claimed to have been furnished to Tenant or to the Premises on Tenant's behalf and all work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with or disturb other such encumbrances, including the liens of any security interest in, conditional sales of, tenants or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part occupants of the Premises, Building. Nothing contained in connection with the previous sentence shall require Tenant to do any Tenant’s Changes on or respecting work "after hours". Any mechanic's lien filed against the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, Building for work claimed to have been done or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior for materials claimed to have been furnished to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may shall be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. discharged by Tenant shall remove any such lien or encumbrance by bond or otherwise at its expense within thirty (30) days after written Landlord shall have given Tenant a notice of such filing, by Landlord; and if Tenant shall fail to do sopayment, Landlord may pay filing of the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed bond required by operation of law or express or implied contractotherwise. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, ormay, at Landlord’s 's option, discharge any such lien by bonding same if Tenant fails to do so after such notice and the expiration of the thirty (30) day period, and Landlord's expense in so doing (including reasonable attorneys' fees) shall attach only against be paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises, as additional rent, within ten (10) days after receipt of its next rent bill.

Appears in 1 contract

Samples: Agreement of Lease (STV Group Inc)

Mechanic’s Liens. Tenant has no authority or power to and shall keep the Property and Premises free from not cause or permit any mechanic’s, materialman’s, or similar mechanics' liens or other such encumbrancesliens to be placed upon the Building or any portion or component thereof or Landlord's interest therein whether created by act or inaction of Tenant, including operation of law, or otherwise, and in case of the liens filing of any such lien or encumbrances or claim therefor, Tenant shall promptly discharge same; provided, however, that Tenant shall have the right to contest the validity or amount of any mechanics lien upon its prior posting of security interest inwith Landlord, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premiseswhich security, in connection with Landlord's sole judgment, must be adequate to pay and discharge any Tenant’s Changes on or respecting the Premises not performed by or at the request such lien in full in addition to any applicable interest, penalties and Landlord's reasonable estimate of Landlord and shall indemnify, defend, protect, its legal fees. Tenant agrees to indemnify and hold Landlord harmless from and against any claims, and all liabilities, judgementsreasonable legal fees and other costs whatsoever incurred by Landlord because of any mechanics' or other liens attributable to Tenant being placed upon the Premises or the Building. Any mechanic's lien or claim for a mechanic's lien which Tenant desires to contest as herein provided shall be contested only in good faith, by appropriate proceedings diligently pursued, and, in any event, such lien or claim for lien shall be released or removed within six (6) months of the date such claim or lien first attached. If the lien is not so contested and released or removed, Landlord, at its sole option and in addition to any other available rights or remedies, may take any and all action necessary to release and remove such lien or claim of lien (it being agreed by Tenant that Landlord shall have no duty to investigate the validity thereof) and Tenant shall promptly upon written notice reimburse Landlord for all sums, costs and expenses (including but not limited to reasonable attorneys' fees) arising out of the same or incurred by Landlord in connection with any such lien, security interest, conditional sale the removal or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement release of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesclaim.

Appears in 1 contract

Samples: Office Lease (Ebix Com Inc)

Mechanic’s Liens. Tenant shall keep not suffer or permit any mechanics1 liens to be filed against the Property and Leased Premises free from or any mechanic’spart thereof or against the Building in which the Leased Premises is located by reason of work, materialman’slabor, services or similar liens materials supplied or other claimed to have been supplied to the Tenant or anyone holding the Premises or any part thereof through or under the Tenant. If any such encumbrances, including the liens of lien shall at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by Landlord; and if the date of filing the same. If the Tenant shall fail to do sodischarge such lien within such period, Landlord then in addition to any other right or remedy it may pay have Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is, or may be, prescribed by law. Any amount paid by the Lessor for any of the aforesaid purposes, shall be repaid by the Tenant to the Lessor on demand, together with interest at the rate of one and one-half percent (13%) per month or the maximum allowed by law, whichever is less, until repaid. Any sum due to Lessor from Tenant hereunder shall be treated as additional rent. Nothing herein contained shall imply any consent or agreement on the part of the Lessor to subject the Lessor's estate to liability under any mechanic's lien law. In lieu of discharging any such lien as provided above, Tenant may deposit with Lessor a certificate of deposit issued by a bank or other security acceptable to Lessor in its sole discretion, in an amount equal to one hundred fifty percent (150%) of the sum of the amount claimed due on such lien, plus attorney's fees, interest and other sums claimed due therewith. Tenant shall be entitled to all dividends and interest accruing on said deposit. Tenant shall diligently defend against any such lien claim. In the event that any such lien shall be established by agreement between Tenant and the Lienor, or by legal adjudication, Lessor shall be entitled to use so much of the deposit as is necessary to remove pay off and discharge such lien or encumbrancelien, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as returning any excess to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Broadview Institute Inc

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s's liens to be filed against the Premises or the Building for any work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligation incurred by or at the request of Tenant. If such a lien is filed, then Tenant shall, within 10 days after Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out has delivered notice of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. filing thereof to Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional earlier time period as may be necessary under applicable Lawsto prevent the forfeiture of the Building or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), in order either (1) pay the amount of the lien and cause the lien to afford Landlord the opportunity be released of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any record, or (2) diligently contest such lien or encumbrance by and deliver to Landlord a bond or otherwise within thirty (30) days after written notice by other security reasonably satisfactory to Landlord; and if . If Tenant shall fail fails to do sotimely take either such action, then Landlord may pay the amount necessary lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to remove such lien Landlord within ten days after Landlord has invoiced Tenant therefor. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or encumbrancehereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor, without being responsible services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for investigating the validity thereofsame. The amount so paid Nothing herein shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to a consent by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance being placed upon the Property Building or Premises arising in connection with Landlord's interest therein due to any Work on or respecting the Premises not work performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against for Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (Virtusa Corp)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from Section 8.1 The TENANT covenants not to suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrances, including to be filed against the liens of any security fee interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLANDLORD nor against TENANT'S Leasehold interest in the Demised Premises by reason of work, in connection with labor, services or materials supplied or claimed to have been supplied to the TENANT or any Tenant’s Changes on contractor, subcontractor or respecting the Premises not performed by any other party or person acting at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsthe TENANT, or costs (including attorneys’ fees) arising out anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the event any mechanic's lien shall be filed against the fee interest of the same LANDLORD or in connection with any such lienagainst the TENANT'S Leasehold interest the TENANT shall, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receiving notice of the filing thereof, cause the same to be discharged of record by Landlord; and if Tenant payment , deposit, bond or order of a court of competent jurisdiction or otherwise. If TENANT shall fail to do socause such lien to be discharged or bonded with the period aforesaid, Landlord may then, in addition to any other right or remedy, LANDLORD may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, by procuring the discharge of such lien by deposit by bonding proceedings, and in any such event, LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising fee owner in connection with therewith, including, but not limited to premiums on any Work on or respecting the Premises not performed by or at the request of Landlord shall be null bonds filed and void, or, at Landlord’s optionattorneys' fees, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate constitute Additional Rental payable by TENANT to Landlord’s title to the Property and PremisesLANDLORD within ten days of demand therefor.

Appears in 1 contract

Samples: Indenture of Lease (Intelli Check Inc)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx, shall constitute default under Item 19 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs for work done by Tenant or caused to be done by Tenant on the Premises, and Tenant shall keep the Property and Premises free and clear of all mechanics’ liens and material men’s liens and other liens arising from work done or materials supplied to Tenant or persons claiming under Tenant (collectively, “Mechanics’ Liens”). Tenant shall have the right to contest any mechanic’s, materialman’s, or similar liens lien or other such encumbrancesencumbrance in good faith by appropriate judicial proceedings so long as: (i) the proceeding operates to stay an execution or foreclosure on the lien; and (ii) Tenant diligently pursues the contest to its conclusion. In any event, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Xxxxxx shall indemnify, defend, protect, and hold Landlord harmless from for, from, and against any claimsand all liability, liabilitiesloss, judgementsdamage, or costs (including costs, attorneys’ fees) , and all other expenses arising out from all Mechanics’ Liens. In addition, Tenant shall keep Tenant’s leasehold interest and the Improvements free and clear of the same all liens of attachment or in connection with any such lienjudgment liens (collectively, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon“Judgment Liens”). Tenant shall give Landlord written notice at least twenty cause any Mechanics’ Liens or Judgment Liens to be discharged (20by bonding or otherwise) days prior to the commencement of work on any Tenant’s Change in the Premises within fifteen (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3015) days after written notice demand by Landlord; and if Landlord or such other period required by law, whichever is longer. If Tenant shall fail fails to do so, then Landlord may pay or otherwise discharge the amount necessary to remove such lien and immediately recover all amounts expended (together with interest thereon at 10% per annum from the date of payment) from Tenant. If, at the end of the Term, a Mechanics’ Lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title Judgment Lien is attached to the Property Premises, Tenant shall cause such Mechanics’ Lien or Premises Judgment Lien to any liens be paid, discharged, bonded, or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisescleared from title.

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s's, laborer's, materialman’s, or similar liens 's or other such encumbrances, including lien to stand against the liens of Leased Premises for any security interest in, conditional sales of, labor or chattel mortgages upon, any materials, fixtures, material furnished to Tenant or articles so installed in and constituting part of the Premises, claimed to have been furnished to Tenant in connection with work of any Tenant’s Changes character performed or claimed to have been performed on or respecting about the Leased Premises not performed by or at the request direction or sufferance of Landlord and shall indemnifyTenant, defendwhether or not such work was performed or materials furnished with the consent of Landlord. Tenant, protecthowever, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out may contest the validity of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance claim provided that Tenant shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (or such other security as landlord shall reasonably require) and shall take all steps which may be reasonably required to prevent any sale, foreclosure or forfeiture of the Leased Premises, the Building or the Project by bond reason of nonpayment, and shall diligently prosecute the defense thereof. Upon a final determination of the validity of any such lien or otherwise within thirty (30) days after written notice by claim, Tenant shall immediately pay any judgment or decree rendered, with all proper costs and charges, and shall cause any such lien to be released of record without cost to Landlord; and . If Tenant, in Landlord's opinion, shall fail or cease to diligently prosecute such action or if Tenant shall fail to do sopay any judgment or decree rendered (including all interest, penalties, costs, charges, and Landlord's expenses, including court costs and reasonable attorneys' fees), Landlord may pay the entire amount necessary to remove of such lien claim or encumbrancelien, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandor such judgment or decree rendered and other amounts set forth above, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation out of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises such deposit and shall in all respects be subordinate return the remainder of such amount, if any, to Landlord’s title to the Property and PremisesTenant.

Appears in 1 contract

Samples: Office/Service Center Lease Agreement (North Star Universal Inc)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not ----------------- to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant will not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the term hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant will promptly pay same. Tenant If default in payment thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null subject to liens for improvements made by Tenant in and void, or, at Landlord’s option, to the Premises. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and other a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord shall not be subject to liens for improvements made by Tenant to the Premises.

Appears in 1 contract

Samples: Lease (Virtual Mortgage Network Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s’s liens to be filed against the Premises or any part thereof by reason of work, materialman’slabor, services, or similar materials supplied or claimed to have been supplied to Tenant or anyone holding (or claiming to hold) the Premises or any part thereof through or under Tenant. If any such mechanic’s liens or other such encumbrances, including notice of lien shall at any time be filed against the liens Premises on account of an alleged debt of Tenant or any security interest in, conditional sales of, notice of lien by a party engaged by Xxxxxx or chattel mortgages upon, any materials, fixtures, Xxxxxx’s contractor or articles so installed in and constituting part of materialmen to work on the Premises, Tenant shall cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise within forty-five (45) days after the date of filing the same, or in connection the event such party disputes the validity of such lien, such party may deposit 110% of the amount claimed by the lien holder in escrow with a title insurance company, and/or the other party, or as prescribed by law as security against foreclosure of the lien. If Tenant fails to discharge such mechanic’s lien within such period, then, in addition to any Tenant’s Changes on other right or respecting the Premises not performed by or at the request remedy of Landlord and hereunder, Landlord may, but shall indemnifynot be obligated to, defend, protectdischarge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, and hold Landlord harmless from all reasonable legal and against any claimsother expenses of such party, liabilities, judgements, or costs (including reasonable attorneys’ fees) arising out , in procuring the discharge of the same or in connection with any such lien, security interestwith all necessary disbursements in connection therewith, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice with interest thereon at least twenty the rate of five percent (205%) days prior to per annum from the commencement date of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid payment shall be deemed repaid by Tenant on demand. Any such amount owed by Tenant to Landlord shall become immediately due and payable by Xxxxxx as Additional Rent under this Lease payable upon with the next succeeding installment of monthly Base Rent which shall become due after such demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained in this Lease shall authorize Tenant imply any consent or agreement on the part of Landlord to do any act which shall subject Landlord’s title estate to the Property or Premises to liability under any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic’s lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Tenant It is expressly acknowledged and understood that Lessor does not consent to, and has not by the execution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, excepting such subordinate mortgage lien or liens as are expressly approved in writing by Lessor. Said approval shall keep be contingent upon the Property amendment of this Lease to add provisions regarding conditions of the imposition of any liens and Premises free from obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrancesliens to be filed against the fee of the Premises or any portion thereof, including nor against Lessee’s leasehold interest in the liens property nor any of the Improvements on the Premises by reason of any security interest inwork, conditional sales oflabor, services or chattel mortgages upon, materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any materials, fixtures, part thereof through or articles so installed in and constituting part under Lessee. In the case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestLessee shall immediately thereupon discharge the same by payment, conditional sale bonding or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days otherwise, but in all events prior to the commencement foreclosure thereof. If default in payment thereof shall continue beyond the expiration of work on any Tenant’s Change in the Premises ten (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Lessor’s notice by Landlord; and if Tenant thereof, Lessor shall fail to do so, Landlord may pay have the amount necessary to remove such lien or encumbrance, without being responsible for investigating right but not the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, orobligation, at LandlordLessor’s option, to discharge such lien at Lessee’s sole cost and expense, and in such event, Lessee shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title reimburse Lessor for such costs within ten (10) days after notice of a statement of said costs from Lessor. In addition to the Property foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all notices and/or correspondence directed to Lessee by any person or entity alleging the right to, or notifying Lessee of the filing of any mechanic's, materialman’s or other lien against the fee of the Premises. LESSEE FURTHER COVENANTS AND AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR FROM AND AGAINST ALL BILLS AND CLAIMS, LIENS AND RIGHTS TO LIENS FOR LABOR AND MATERIALS AND ARCHITECT'S, ENGINEER’S, CONTRACTOR’S AND SUBCONTRACTOR’S CLAIMS, AND ALL FEES, CLAIMS AND EXPENSES INCIDENT TO THE CONSTRUCTION AND COMPLETION OF ANY IMPROVEMENTS, INCLUDING WITHOUT LIMITATION ANY REASONABLE ATTORNEYS’ FEES WHICH MAY BE INCURRED BY LESSOR IN CONNECTION THEREWITH.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. SECTION 13.1 Tenant shall keep will not suffer or permit any Construction Lien Claim or Notice of Unpaid Balance and Right To File Lien ("LIEN") against the Demised Premises and/or Property and Premises free from or any mechanic’spart thereof, materialman’sby reason of any work, services, material and/or equipment provided, or similar liens claimed to have been provided, for or other such encumbrances, including the liens of to Tenant or 15 any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant’s Changes on or respecting . If at any time a Lien is filed against the Demised Premises not performed by or at the request of Landlord and shall indemnifyand/or Property, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of Tenant will cause the same to be discharged of record or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise bonded over within thirty (30) days after written notice by to Tenant of the filing of same. If Tenant fails to discharge or bond over any such Lien within such period, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may elect, but shall not be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount necessary of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which Chemical Bank announces as its so called prime rate or base rate, from time to remove such lien time, plus three (3%) percent, from the date of payment or encumbrancedeposit, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease will become due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize forthwith by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas additional rent.

Appears in 1 contract

Samples: Agreement (Miix Group Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord twenty (20) days’ prior written notice before any construction work on the Premises is undertaken by or on behalf of Tenant. Tenant shall do all things reasonably necessary to prevent the filing of any mechanics’ liens or other liens against the Premises, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises, or any part thereof, through or under Tenant. Without limiting the generality of the foregoing, Tenant shall record a notice of completion promptly upon the completion of any such work, labor, services or supplying of materials, in the manner permitted by law. If any such lien shall at least any time be filed, Tenant shall promptly notify Landlord of same and shall either cause the same to be discharged of record within twenty (20) days prior to after the commencement date of work on any filing the same, or, if Tenant’s Change , in the Premises (or its discretion and good faith, determines that such additional time lien should be contested, it shall furnish such security as may be necessary under applicable Laws)required by law to prevent any foreclosure proceedings against the Premises, in order to afford Landlord or any part thereof, or Tenant’s interest therein, during the opportunity pendency of posting and recording appropriate notices of nonresponsibilitysuch contest. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do sodischarge such lien within such period or fail to furnish such security, then, in addition to all other rights or remedies, Landlord may pay may, but shall not be obligated to, discharge the same no sooner than five (5) days after delivery of written notice to Tenant (and assuming Tenant has not cured its default within that period of time) (i) by paying the amount necessary claimed to remove be due, (ii) by procuring the discharge of such lien by deposit in court, (iii) by giving security, or encumbrance(iv) in such other manner as is, without being responsible or may be, prescribed by law. Any amount paid by Landlord for investigating any of the validity thereof. The amount so paid aforesaid purposes, including all reasonable attorney’s fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the rate of ten percent (10%) per annum or the maximum rate permitted by law, whichever is less, from the date of payment, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available repaid by Tenant to Landlord under this Leaseon demand. Nothing herein contained in this Lease shall authorize Tenant to do imply any act which shall subject Landlord’s title to consent or agreement on the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request part of Landlord shall be null and voidto subject the Premises, oror any part thereof, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesliability under any mechanics’ lien law.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s's or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, agrees that it will not cause or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove permit any such lien or encumbrance by bond order to attach to or otherwise affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within thirty the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land or buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within ninety (3090) days after written the Tenant has notice thereof, discharge said lien or order by Landlord; and if payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within ninety (90) days after the filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and voidpayable by Tenant to Landlord on demand, ortogether with interest as aforesaid, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas additional rent.

Appears in 1 contract

Samples: Lease (Sma Real Time Inc)

Mechanic’s Liens. Tenant shall (a) pay before delinquency all costs and expenses of work done or caused to be done by Tenant in the Demised Premises; (b) keep the Property title to the Building, Land and Premises every part thereof free from and clear of any lien or encumbrance in respect of such work; and (c) indemnify and hold harmless Landlord against any claim, loss, cost, demand (including reasonable legal fees), whether in respect of liens or otherwise, arising out of the supply of material, services or labor for such work. Tenant shall immediately notify Landlord of any lien, claim of lien or other action of which Tenant has knowledge and which affects the title to the Building, Land or any part thereof. Tenant shall not permit any lien or claim for lien of any mechanic’s, materialman’slabor or supplier or any other lien to be filed against the Building, or similar liens the Demised Premises or any part thereof, arising out of any Alterations or other such encumbranceswork performed or alleged to be performed, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request direction of Tenant. If any such lien or claim for lien is filed, Tenant shall, within fifteen (15) business days of receiving notice of such lien or claim, (i) have such lien or claim for lien released of record, or (ii) deliver to Landlord a bond, title insurance or other security in form, content, and amount reasonably satisfactory to Landlord relative to such lien or claim for lien (whereupon, in the case of this subclause (ii), Tenant shall thereafter diligently contest such lien or claim for lien). Without limitation of the foregoing, Tenant shall indemnify, defend, protect, defend and hold harmless, Landlord harmless from and against any claims, liabilities, judgements, such lien or costs (including attorneys’ fees) arising out of the same or in connection with any such claim for lien, security interestand the foreclosure or attempted foreclosure thereof, conditional sale or chattel mortgage or any action or proceeding brought thereon. and Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove cause any such lien to be released of record, in any event, prior to final enforcement thereof. If Tenant fails to take the actions described in subclause (i) or encumbrance by bond or otherwise within thirty subclause (30ii) days after written notice by above, then Landlord; and if Tenant shall fail to do so, Landlord may pay without investigating the amount necessary to remove validity of such lien or encumbranceclaim for lien and without limiting other rights or remedies available to it hereunder, without being responsible may pay or discharge the same, and Tenant shall, as payment of Additional Rent hereunder, reimburse Landlord upon demand for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject by Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit any mechanic’s’s liens, materialman’s, or similar materialmen’s liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting to be placed upon the Premises not or the Complex for any work performed by or at the request of Landlord and shall indemnifyTenant, defendor any assignee, protectsublessee or licensee of Tenant, and hold Landlord harmless from and against nothing in this Lease shall be deemed or construed in any claimsway as constituting the consent or request of Landlord, liabilitiesexpress or implied, judgementsby inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the same furnishing of any materials that would give rise to any mechanic’s or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in other liens against the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityComplex. Tenant shall remove In the event any such lien is attached to the Premises or encumbrance the Complex and not discharged by bond payment, bonding or otherwise within thirty (30) days after receipt of written notice by from Landlord; and if Tenant shall fail , then, in addition to do soany other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating the validity thereof. The amount so paid aforesaid purpose shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Leaseon demand as additional Rent and shall bear interest at the Default Rate from the date paid by Landlord until reimbursed by Tenant. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject will, upon Landlord’s title to written request, post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. To the Property or Premises to any liens or encumbrancesfullest extent allowable under the Laws, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon Tenant releases and will indemnify and hold harmless the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null Related Parties and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesthe Complex from and against any Claims (including reasonable attorneys’ fees and costs) in any manner directly relating to or directly arising out of the Tenant Improvements, Alterations, 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.

Appears in 1 contract

Samples: Office Lease Agreement (FSP 50 South Tenth Street Corp)

Mechanic’s Liens. Tenant will not permit, during the term hereby granted, any mechanic's or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to, attach to or affect the demised premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Owner herein, or the building. The Tenant's obligation to keep the Property demised premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Owner to the furnishing of any mechanic’ssuch work, materialman’slabor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed leasehold estate of the Owner in and constituting the demised premises or upon the land or building of which they are a part of the Premisesimprovements now erected or hereafter to be erected upon the demised premises or the land or building of which the demised premises are a part; and if any such mechanic's or other lien or order shall be filed against the demised premises or the land or building of which the demised premises are a part, the Tenant shall, within thirty (30) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in connection with any Tenant’s Changes on or respecting a proper proceeding according to law. If the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfail to take such action, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any not cause such lien or encumbrance by bond or otherwise order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, Landlord the Owner may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the reasonable expenses incurred by the Owner, including all reasonable attorney's fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.

Appears in 1 contract

Samples: Agreement of Lease (Thermo Vision Corp)

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Mechanic’s Liens. All Alterations, Repairs, and Tenant's Work (hereinafter collectively "Improvements") shall become the property of the Landlord upon installation and shall not be removed by Tenant unless otherwise required to do so. No Improvements performed by Tenant pursuant to this Lease, shall keep be deemed to be required by or for the Property immediate use and Premises free from any benefit of Landlord. No Notice of Commencement, mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall be allowed against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, consent given by Landlord to Tenant to make any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonImprovements. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any Improvements. In the event any Notice of Commencement, mechanic's or other lien shall at least twenty (20) days prior any time be filed against any portion of the Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall immediately cause the same to be discharged of record or bonded to the commencement satisfaction of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityLandlord. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be discharged or bonded immediately after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may pay bond or discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord including reasonable attorney's fees incurred by Landlord either in defending against such lien or encumbrancein procuring the bonding or discharge of such lien, without being responsible for investigating the validity thereof. The amount so paid together with interest thereon, shall be deemed Additional Rent under this Lease due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Escrow Agreement (Imagica Entertainment Inc)

Mechanic’s Liens. Tenant shall keep the Property title to the Building and/or the Complex free and Premises free from clear of any mechanic’s, materialman’slien or encumbrance with respect to any work ordered by Tenant in the Demised Premises. Notice is hereby given that Tenant has no right to encumber the title of Landlord, or similar liens or other such encumbrances, including the liens of any security interest inparty through whom Landlord's Estate is derived, conditional sales of, on account of any work performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or materials supplied at the request of Landlord and shall Tenant or of Tenant's employees, agents or contractors. Tenant hereby agrees to indemnify, defend, protect, defend and hold Landlord harmless from and against any claimsclaim, liabilitiesloss, judgementscost, demand and reasonable legal or costs (including attorneys’ fees) other expense, whether in respect of any lien or otherwise, arising out of the same supply of material, services or in connection with labor for such work. Tenant shall immediately notify Landlord of any such lien, security interestclaim of lien, conditional sale or chattel mortgage other action of which Tenant has knowledge, and which affects (or purports to affect) the title to the Building or the Complex, and shall fully bond or remove same within thirty (30) days of Tenant's knowledge of same (or, if Landlord or any party through whom Landlord's Estate is derived), has a sale, financing or refinancing then pending with respect to all or a part of the Building and/or the Complex, then within five (5) Business Days), time being of the essence, failing which Landlord may take such action or proceeding brought thereonas Landlord deems reasonably necessary to remove the same, and the entire cost of the removal of same shall be immediately due and payable by Tenant to Landlord, together with interest thereon at the Base Rate from the date Landlord makes such payment, as Additional Rent. Tenant shall give Landlord written notice at At least twenty thirty (2030) days prior to the commencement of any work by or for Tenant in, on or about all or any Tenant’s Change in part of the Premises (or such additional time as may be necessary under applicable Laws)Building, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; notify Landlord of the proposed work and if Tenant shall fail the names and addresses of the persons likely to do so, Landlord may pay be supplying labor and materials for the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereofproposed work. The amount so paid provisions of this Section shall be deemed Additional Rent under this Lease payable upon demand, without limitation apply to Tenant starting as to other remedies available to Landlord under of the date of this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to survive the Property and PremisesTerm.

Appears in 1 contract

Samples: Agreement (Playtex Products Inc)

Mechanic’s Liens. Tenant TENANT shall keep not suffer or permit any liens to stand against the Property and Demised Premises free from or any mechanic’spart thereof by reason of any work, materialman’slabor, services or materials done for, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofsupplied to, or chattel mortgages upon, any materials, fixturesclaimed to have been done for, or articles so installed in and constituting supplied to, TENANT or anyone holding the Demised Premises or any part of thereof through or under TENANT. If such lien shall at any time be filed against the Demised Premises, TENANT shall cause the same to be discharged of record within ninety (90) days after the date of filing the same, by either payment, deposit or bond. If TENANT shall fail to discharge any such lien within such period, then, in connection with addition to any Tenant’s Changes on other right or respecting remedy of LANDLORD, LANDLORD may, but shall not be obligated to, procure the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out discharge of the same either by paying the amount claimed to be due by deposit in court or bonding, and/or LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by LANDLORD for any of the aforesaid purposes, and all legal and other expenses by LANDLORD, including reasonable attorney fees, in defending any such action or in connection with any or about procuring the discharge of such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be with all necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising disbursements in connection therewith, together with any Work on or respecting the Premises not performed by or interest thereon at the request then maximum legal rate per annum from the date of Landlord payment or deposit, shall be null become due and voidpayable forthwith by TENANT to LANDLORD, or, at Landlord’s optionthe option of LANDLORD, shall attach only be payable by TENANT to LANDLORD as additional rent and LANDLORD shall have the same remedy for the non-payment thereof as for the non-payment of basic rent as herein provided. LANDLORD hereby gives notice to all persons who may furnish labor or material to TENANT at the premises that LANDLORD does not consent to the filing of any mechanic’s or materialmen’s liens against TenantLANDLORD’s interest estate in the Premises premises, and that all persons furnishing labor or materials shall in all respects be subordinate to Landlord’s title look only to the Property credit of TENANT and Premisessuch security as TENANT may furnish for the payment of all such labor and materials.

Appears in 1 contract

Samples: Lease (Durata Therapeutics, Inc.)

Mechanic’s Liens. No work performed by Tenant whether in the nature of erection, construction, alteration or repair, shall keep bee deemed to be for the Property immediate use and Premises free from any benefit of Landlord. No mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall attach to or be allowed to stand against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed improvements made by Tenant or at the request or direction of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor(s) in, on or about the Lease Premises. In the event any mechanic's or other lien shall at least twenty (20) days prior any time be filed against the Lease Premises or the Commercial Center by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Lease Premises through or under Tenant, Tenant shall cause the same to be discharged of record or bonded to the commencement satisfaction of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityLandlord. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be so discharged or bonded after being notified of the filing thereof, then in addition to any other right or remedy of Landlord, Landlord may pay discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord (including actual attorney's fees and expenses incurred by Landlord either defending against such lien or encumbrancein procuring the discharge of such lien), without being responsible for investigating the validity thereof. The amount so paid together with interest thereon, shall be deemed Additional Rent under this Lease due and payable upon demandby Tenant to Landlord as additional Base Rental. Nothing herein contained shall be construed as a consent by Landlord for Tenant to make any alterations, without limitation improvements, installations or additions so as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises give rise to any liens right to any laborer or encumbrances, whether claimed by operation of law or express or implied contract. Any claim materialman to a file any mechanic's lien or encumbrance upon any notice thereof, or any other lien purporting to affect Landlord's property or the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidCommercial Center. NOTICE AND DISCLAIMER PURSUANT TO (S)713.10, orFLA. STAT. PURSUANT TO (S)713.10, at Landlord’s optionFLA. STAT., shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesTHE FEE SIMPLE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS, ALTERATIONS, ADDITIONS, REMODELING OR REPAIRS ON TO OR ABOUT THE LEASE PREMISES MADE BY TENANT OR UNDER THE DIRECTION OR REQUEST OF TENANT. A COPY OF THIS LEASE HAS BEEN RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.

Appears in 1 contract

Samples: Commercial Lease Agreement (Sunstar Healthcare Inc)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefore, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx, shall constitute default under Item 21 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Metastorm Inc)

Mechanic’s Liens. The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s’s or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any agrees that no such lien or encumbrance order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant’s obligations to keep the premises in repair, and it’s right to make alterations therein, if any shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present of future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate o the landlord in the premises or upon the land or building of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land, or building of which the premises are a part: and if any such mechanic’s or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within thirty(30) days thereafter, discharge sad lien or order by payment, deposit or by bond fixed in a proper proceeding according to the law. If the tenant shall fail to take such action, or otherwise shall not cause such lien or order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, Including all attorney’s fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Leaseadditional rent. Nothing contained Any reasonable expenses incurred by the landlord in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with examination of title to the Property or Premises premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in payable by the Premises and shall in all respects be subordinate to Landlord’s title Tenant to the Property and PremisesLandlord on demand, together with interest as aforesaid as additional rent.

Appears in 1 contract

Samples: Lease (Inuvo, Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including liens to be filed against the liens of any security interest in, conditional sales of, Demised Premises or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any against Tenant’s Changes on leasehold interest therein by reason of work, labor, services or respecting materials supplied or claimed to have been supplied to Tenant or anyone holding the Demised Premises not performed by or at the request of Landlord and shall indemnify, defend, protectany part thereof through or under Tenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing nothing contained in this Lease shall authorize be deemed or construed in any way as constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of the Demised Premises, nor as giving 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’ liens against the Demised Premises. Landlord shall have the right at all reasonable times to post and keep posted on the Demised Premises any notices that may be provided by law which Landlord may reasonably deem necessary or advisable for the protection of Landlord and the Demised Premises from mechanics’ liens. If any such mechanic’s lien shall at any time be filed against the Demised Premises, within sixty (60) days after the date of filing, Tenant shall cause the same to be discharged of record or bonded (at Tenant’s option). If Tenant shall fail to discharge or bond such mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge such lien by paying the amount claimed to be due or by deposit in court or by bonding, and in any such event Landlord may compel the prosecution of an action for the foreclosure of such mechanic’s lien by the lienor and pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any reasonable amount so paid by Lxxxxxxx, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the Default Rate from the date of payment, shall be repaid by Tenant to do Landlord on demand. Notwithstanding the foregoing, Tenant at its expense may contest by appropriate legal proceedings, conducted in good faith and with due diligence the amount, validity or application in full or in part, of any act which lien referred to in this Article XII, provided that (a) neither the Demised Premises or any substantial part thereof would be in substantial danger of imminently being forfeited or lost in consequence of the enforcement of the contested lien, and (b) Tenant shall subject Landlord’s title have furnished such security, if any, as may be required in the proceedings. Landlord covenants and agrees not to exercise any right or remedy prior to the Property or Premises final and unappealable resolution of any contest by Txxxxx, except as may be required of Landlord by any party to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest Operative Documents in the Premises and shall in all respects be subordinate to Landlordexercise of such other party’s title to the Property and Premisesrights thereunder.

Appears in 1 contract

Samples: Intercompany Master Lease Agreement (Quality Gold Holdings, Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind the interest of Landlord in the Building, or other such encumbrancesto charge the rentals payable hereunder for any claim in favor of any person 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 liens of any security Leasehold interest ingranted to Tenant by this instrument. Tenant will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, conditional sales of, in or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to the Premises, and for all materials furnished for or in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of such work. Tenant will indemnify Landlord and shall indemnify, defend, protect, against and hold Landlord harmless from and against any all liabilities, liens, claims, liabilitiesand demands on account of such work. Notwithstanding any provision of this Lease relating to improvements, judgementsadditions, alterations, repairs, and/or reconstruction of or costs to the Premises, Landlord and Tenant hereby agree and confirm that (including attorneys’ feesa) arising out Landlord has not consented and will not consent to the furnishings of any labor or materials to the same or in connection with any such lien, security interest, conditional sale or chattel mortgage Premises that would or any action result in any mechanic’s or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior materialman’s lien attaching to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises, (b) Tenant is not the agent of Landlord for the purposes of any such improvements, additions, alterations, repair and/or reconstructions, and (c) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor and/or materials in connection therewith. No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any lien against the interest of Landlord in the Premises and such person(s) shall in all respects be subordinate look solely to Landlord’s title to Tenant and the Property and Premisesleasehold interest of Tenant under this Lease for satisfaction of any such claims.

Appears in 1 contract

Samples: Lease Agreement (Orchid Cellmark Inc)

Mechanic’s Liens. Tenant shall keep If, by reason of any labor or services performed or materials furnished to the Property and Premises free from for or on behalf of Lessee, any mechanic’s's, materialman’smaterialmen's, or similar other liens or other such encumbrancesshall be filed, including the liens of any security interest in, conditional sales ofclaimed, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of perfected as provided by law against the Premises, Lessee shall discharge or remove the lien, by bonding or otherwise, within 15 days after receipt of written notice from Lessor to Lessee of the filing of same. In the event Lessee should fail to cause such lien to be discharged or removed within the 15-day period then, in connection with addition to any Tenant’s Changes on other right or respecting remedy, Lessor may, but shall not be obligated to, discharge the Premises not performed by or at lien. Upon receipt of copies of the request applicable receipts, Lessee shall promptly reimburse Lessor for the cost of Landlord discharging the lien. Notwithstanding the foregoing provisions, the parties understand and shall indemnifyagree that, defendin the event that such a lien is filed against the Premises, protectLessor, and/or Lessee, and hold Landlord harmless from Lessee immediately proceeds to contest same diligently and against any claimsin good faith, liabilitiesand at all times thereafter continues to contest same diligently and in good faith, judgementsLessee shall not be required to discharge or remove such lien as hereinabove set forth; provided, or costs (including attorneys’ fees) arising out however, that, as an aspect of the same or in connection with any contesting such lien, security interestLessee shall, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or Lessee's sole cost and expense, retain legal counsel for such additional time as may be necessary under applicable Laws)purpose, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee's legal counsel shall, within thirty (30) days after written notice by Landlord; of being retained, report to Lessor, in writing, disclosing in such report the nature of the claim upon which the lien is founded, as well as Lessee's defenses thereto and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether offsets claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidLessee; furthermore, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises event that a civil action is commenced by the lienholder seeking enforcement of such lien, in which civil action Lessor is named as a party defendant, then Lessee agrees to pay for and shall provide Lessor's legal representation and a legal defense to such civil action by and through legal counsel of Lessee's choice, which said legal counsel may represent both Lessee and Lessor in all respects be subordinate such civil action, and Lessee further agrees to Landlord’s title to indemnify and hold Lessor harmless respecting any judgment, obligation, or liability imposed upon Lessor, or the Property and Premises, arising from such civil action.

Appears in 1 contract

Samples: Lease Agreement (Centra Financial Holdings Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be filed against the Premises in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest at the Default Rate from the time of Landlord’s payment, shall be paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall indemnifybe solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the Effective Date until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Without limiting the generality of the foregoing, Tenant shall notify Landlord in writing no later than one (1) day after the commencement of any work or the furnishing of any materials at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, protect, indemnify and hold harmless Landlord harmless and its agents and representatives from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Tenant Party to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. This indemnity provision shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

Mechanic’s Liens. Tenant Lessee shall keep have no power to and shall not subject the Property and Premises free from or Lessor's interest in the Property to any mechanic’smechanics', laborer's, materialman’s, 's or similar other liens. If any mechanics' or other liens or other such encumbrances, including order for the liens payment of money shall be filed against the Property or any security interest in, conditional sales of, building or chattel mortgages upon, any materials, fixtures, improvement thereon by reason of or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for Lessee at the Property, or for or by reason of any change, alteration or addition or the cost or expense thereof or any contract relating thereto, Lessee shall cause the same or in connection with any such liento be cancelled and discharged of record, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise as allowed by law at the expense of Lessee, within thirty five (305) days after written notice demand therefor, and shall also defend on behalf of Lessor at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such liens, or orders, and Lessee will pay any damages and satisfy and discharge any judgement entered therein and save harmless Lessor from any claim or damage resulting therefrom. Lessee's failure to comply with this Section shall give Lessor the right to avail itself of the remedies provided to it by Landlord; and if Tenant shall fail to do sothis lease, Landlord may pay upon the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon expiration of said demand, without limitation any additional or other notice. In order to comply with the provisions of Section 713.10, Florida Statutes, as presently in effect or as may hereafter be amended, it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including contractors, subcontractors, materialmen, mechanics and laborers shall have any right to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do file or place any act which shall subject Landlord’s title to the Property mechanic's or Premises to materialmen's liens of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance kind whatsoever upon the Property nor upon any building or Premises arising in connection improvement thereon, and any such liens are hereby specifically prohibited. All such persons so dealing with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title Lessee must look solely to the Property credit and Premisesinterest of Lessee and not to Lessor's interest or assets.

Appears in 1 contract

Samples: Agreement

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the same right, but not the obligation, to pay such claim or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by post a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail provide security to do so, Landlord may pay eliminate the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s a claim against title to the Property Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or Premises to any liens finance the acquisition of office equipment, furnishings, or encumbrances, whether claimed other personal property of a removable nature utilized by Tenant in the operation of law Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or express or implied contractby exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Premises. Any claim In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. Landlord hereby waives any statutory lien rights Landlord may have in and to Tenant’s Property, and agrees to execute any confirmation of such waiver required by any lender secured by a lien on, or encumbrance upon the Property any lessor of, any personal property included within Tenant’s Property, provided (i) such waiver is reasonably acceptable in form and substance to Landlord and (ii) nothing in this Section 15 shall in any way affect or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at limit Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate rights pursuant to Landlord’s title to the Property and PremisesSection 12 hereof.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, in connection with any Tenant’s Changes on leasehold interest, or respecting Landlord’s fee interest in the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within sixty (60) days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give be a material default under this Lease, and Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)shall have, in order addition to afford all other remedies provided by this Lease or by Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord the opportunity of posting for such purpose and recording appropriate notices of nonresponsibility. all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after following written notice demand by Landlord; and if . Notwithstanding the foregoing, Tenant shall fail have the right to do socontest any such lien in good faith, Landlord may pay if, within sixty (60) days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as posts other security reasonably acceptable to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.Landlord.‌

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant Lessee shall keep the Property and Premises free from not do any mechanic’s, materialman’sact, or similar liens make any contract, which may create or be the foundation for any lien or other such encumbrances, including the liens of encumbrance upon any security interest in, conditional sales of, or chattel mortgages upon, Lessor or any materials, fixtures, ground or articles so installed underlying lessor in and constituting part any portion of the Premises. If, in connection with because of any Tenant’s Changes on act or respecting omission (or alleged act or omission) of Lessee, any Notice of Intention, mechanic's or other lien, charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcharge, conditional sale order, or chattel mortgage encumbrance is valid or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time enforceable as may be necessary under applicable Lawssuch), in order Lessee shall, at its own cost and expense, cause the same to afford Landlord the opportunity be discharged of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien record or encumbrance by bond or otherwise bonded within thirty (30) days after written notice by Landlordthe filing thereof; and if Tenant Lessee shall fail indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to do socomply with the foregoing provisions, Landlord may pay Lessor shall have the amount necessary to remove option of discharging or bonding any such lien lien, charge, order, or encumbrance, without being responsible and Lessee agrees to reimburse Lessor for investigating all costs, expenses, and other sums of money in connection therewith (as additional rental) with interest at the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable maximum rate permitted by law promptly upon demand. All materialmen, without limitation as to contractors, artisans, mechanics, laborers, and any other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do persons now or hereafter contracting with Lessee of any act which shall subject Landlord’s title to contractor or subcontractor of Lessee for the Property furnishing of any labor services, materials, supplies, or Premises equipment with respect to any liens portion or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, orPremises, at Landlord’s optionany time from the date hereof until the end of the Lease Term, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate are hereby charged with notice that they look exclusively to Landlord’s title Lessee to the Property and Premisesobtain payment for same.

Appears in 1 contract

Samples: Lease (Robocom Systems Inc)

Mechanic’s Liens. The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s's or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, agrees that it will not cause or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove permit any such lien or encumbrance by bond order to attach to or otherwise affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land or buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within thirty (30) days after written the Tenant has notice thereof, discharge said lien or order by Landlord; and if payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within forty-five (45) days after the filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all attorneys, fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and voidpayable by Tenant to Landlord on demand, ortogether with interest as aforesaid, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas additional rent.

Appears in 1 contract

Samples: Lease (Healthworld Corp)

Mechanic’s Liens. The Tenant shall not allow any mechanic’s liens to be filed against the Building. If the Tenant fails to surrender the leased premises in good and clean condition as described above, the Landlord may withhold from the Tenant’s Security Deposit the amount equivalent to the cost of the cleaning or repairs required to restore the leased premises to such condition. The Tenant shall not make any alterations, additions, or improvements to the leased premises, including modification to electrical, plumbing, or mechanical systems, without the prior written consent of the Landlord. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may be made upon the leased premises either by the Landlord or the Tenant, except furniture or movable trade fixtures installed at the expense of the Tenant, shall be the property of the Landlord and shall remain upon and be surrendered with the leased premises at the expiration or termination of this Lease, without compensation to the Tenant. The Tenant further agrees to keep the Property leased premises and Premises all parts thereof in a clean and sanitary condition and free from any mechanic’strash, materialman’s, inflammable material and other objectionable matter. If all or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting a part of the Premisesleased premises are on the ground floor, the Tenant further agrees to keep the sidewalks in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request front of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out such ground floor portion of the same leased premises clean and free of obstructions, snow and ice. If any mechanic’s lien or in connection with any such lienother claim is filed against the leased premises or the Building as a result of alterations, security interestadditions or improvements made by the Tenant, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written the Landlord, at its option, after thirty days’ notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as , may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting terminate this Lease and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrancelien, without being responsible for investigating inquiring into the validity thereof. The amount so paid , and the Tenant shall be deemed Additional Rent under this Lease payable upon demandforthwith reimburse the Landlord the total expense incurred by the Landlord in discharging the lien, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent hereunder.

Appears in 1 contract

Samples: www.churchpublishing.org

Mechanic’s Liens. Tenant The TENANT shall keep not create any lien or other encumbrance upon any interest of the Property and Premises free from LANDLORD or any ground or underlying lessor in any portion of the demised premises. If, because of any act or omission (or alleged act or omission) of the TENANT, any mechanic’s, materialman’s, or similar liens 's or other such encumbranceslien, including charge or order for the liens payment of money or other encumbrance shall be filed against the LANDLORD, and/or any security interest inground or underlying lessor, conditional sales ofand/or any mortgagee, or chattel mortgages upon, and/or any materials, fixtures, or articles so installed in and constituting part portion of the Premisesdemised premises (whether or not such lien, in connection with any Tenant’s Changes on charge, order or respecting encumbrance is valid or enforceable as such), the Premises not performed by TENANT shall, at its own cost and expense, cause the same to be discharged of record or at bonded within ten (10) days after notice to the request TENANT of Landlord the filing thereof; and the TENANT shall indemnifyindemnify and save harmless the LANDLORD, defend, protectall ground and underlying lessor(s), and hold Landlord harmless all mortgagees against and from and against any claimsall costs, liabilities, judgementssuits, penalties, claims and demands, including reasonable counsel fees and appellate counsel fees resulting therefrom. In the event the TENANT fails to comply with the foregoing provisions of this paragraph, the LANDLORD shall have the option of discharging or costs (including attorneys’ fees) arising out of the same or in connection with bonding any such lien, security interestcharge, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond payment or otherwise within thirty otherwise, and the TENANT agrees to reimburse the LANDLORD for all costs, expenses and other sums of money in connection therewith (30as Additional Rent) days after written notice by Landlord; and if Tenant shall fail with interest at the rate of eighteen percent (18%) per annum promptly upon demand. Pursuant to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid Florida law representation of this clause shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest stated in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesmemorandum of lease.

Appears in 1 contract

Samples: Lease Agreement (Imx Pharmaceuticals Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit to be created or to remain undischarged any mechanic’sitems, materialman’s, encumbrance or similar liens or other such encumbrances, including the liens charge arising out of any security work of any contractor, mechanic, laborer or material man which might be or become a lien or encumbrance or charge upon the Premises or any part thereof or the income therefrom, and Tenant will not permit the rights and interest in, conditional sales of, of Landlord in the Premises or chattel mortgages upon, any materials, fixtures, part thereof might be impaired. If any lien on account of an alleged debt of Tenant or articles so installed in and constituting part any notice of contract by a party engaged by Xxxxxx or Xxxxxx's contractor to work on the Premises shall be filed against the Premises, in connection with any Tenant’s Changes on Building or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsLot, or costs any part hereof, within ten (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice of the filing thereof Tenant shall cause the same to be discharged of record by Landlord; and if payment or bond. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid then, in addition to any other right or remedy, Landlord may may, but shall not be obligated to, discharge the same either by 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 Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor or to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Xxxxxxxx and all costs and expenses, including without limitation reasonable attorney fees, incurred by Landlord in connection therewith, together with interest thereon at the rate specified in Paragraph 19(d) from the respective date of Landlord's making of the payment or incurring of the cost and expense, shall be deemed constitute Additional Rent payable by Tenant under this Lease payable and shall be paid by Tenant to Landlord immediately upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Sync Research Inc

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar mechanics' liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to be filed against the Premises, in connection with nor against Tenant's leasehold estate hereunder, by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change interest in the Premises (or such additional time as may be necessary any part thereof through or under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove If any such mechanic's lien or encumbrance by bond or otherwise shall at any time be filed against the Premises, Tenant shall, within thirty (30) days after written notice of the filing thereof, or sooner, and within ten (10) days after demand from Landlord if required in order to close a sale or financing involving the Premises (and which notice shall refer to such ten (10) day period and this sentence), cause the same to be discharged of record by Landlord; and if payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid, then Landlord may (without complying with any other provision contained in this Lease) discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowance. The amount so paid Nothing in this Lease contained shall be deemed Additional Rent under this Lease payable upon demandor construed in any way as constituting the consent or request of Landlord, without limitation express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Premises or any part thereof, nor as giving Tenant a right, power or authority to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do contract for or permit the rendering of any act which shall subject Landlord’s title services or the furnishing of any materials that would give rise to the Property or Premises to filing of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic's lien or encumbrance upon against the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Form of Lease (United Auto Group Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Sunesis Pharmaceuticals, Inc. page 20 of 49 [Suite 400 (395 OPB); 15,378 rsf] out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Sunesis Pharmaceuticals Inc)

Mechanic’s Liens. The interest of Landlord in the Premises shall not be subject in any way to any liens, including construction liens, for improvements to or other work performed with respect to the Premises by or on behalf of Tenant. Tenant shall keep have no power or authority to create any lien or permit any lien to attach to the Property and Premises free from any mechanic’spresent estate, materialman’sreversion, or similar liens other estate of Landlord (or other such encumbrances, including the liens interest of any security interest inground lessor) in the Premises, conditional sales ofand all mechanics, materialmen, contractors, artisans, and other parties contracting with Tenant or chattel mortgages upon, its representatives or privies with respect to the Premises or any materials, fixtures, or articles so installed in and constituting part of the Premises are hereby charged with notice that they must look to the Tenant to secure payment of any xxxx for work done or material furnished or for any other purpose during the Term. The foregoing provisions are made with express reference to Section 713.10, Florida Statutes (1995). Notwithstanding the foregoing provisions, Tenant, at its expense, shall cause any lien filed against the Premises, in connection with any for work or materials claimed to have been furnished to Tenant to be discharged of record or properly transferred to a bond pursuant to Section 713.24, Florida Statutes (1995), within ten (10) days after notice thereof to Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall . Further, Tenant agrees to indemnify, protect, defend, protect, and hold save Landlord harmless from and against any claimsdamage or loss, liabilitiesincluding reasonable attorneys' fees, judgements, or costs (including attorneys’ fees) arising out incurred by Landlord as a result of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior notify every contractor making improvements to the commencement Premises that the interest of work on any Tenant’s Change the Landlord in the Premises (shall not be subject to liens for improvements to or such additional time as may be necessary under applicable Laws), in order other work performed with respect to afford Landlord the opportunity Premises by or on behalf of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove any such lien execute, acknowledge, and deliver without charge a short form of lease or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay in recordable form containing a confirmation that the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects not be subordinate subject to Landlord’s title liens for improvements or other work performed with respect to the Property and PremisesPremises by or on behalf of Tenant. If such a short form of lease or notice is executed, it shall expressly provide that it shall be of no further force or effect after the last day of the Lease Term or on the filing by Landlord of an affidavit that the Lease Term has expired or the Lease has been terminated or that the Tenant's right to possession of the Premises has been terminated.

Appears in 1 contract

Samples: Sri Surgical Express Inc

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Xxxxxx, including the liens those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes work performed on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order the terms of this Lease. Xxxxxx agrees to afford give Landlord immediate written notice of the opportunity placing of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond against the Premises. If any mechanics’ or otherwise within materialmen’s lien (“M&M Lien”) is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after written notice by Landlordsuch lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; and if provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant’s indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or its agents or contractors, Tenant shall fail to do so, Landlord may pay the amount necessary not be obligated to remove such lien or encumbrance, without (it being responsible for investigating agreed that the validity thereof. The amount so paid removal of such lien shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesobligation).

Appears in 1 contract

Samples: Lease Agreement (Worldwater & Solar Technologies Corp.)

Mechanic’s Liens. Notice is hereby given that Landlord shall not be ---------------- liable to any Person for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's, materialman's or other lien for any such labor or materials shall keep attach to or affect the Property reversion or other estate or interest of Landlord in and Premises free from to the Leased Premises, the Building or the Land. Whenever and as often as any mechanic’s's lien or materialman's lien shall have been filed against the Leased Premises, materialman’sthe Building or the Land based upon any act or interest of Tenant or of anyone claiming through or under Tenant, or similar liens or other such encumbrances, including the liens of if any security interest in, conditional sales of, or chattel mortgages upon, lien with respect thereto shall have been filed affecting any materials, fixturesmachinery or fixtures used in the construction, repair or articles so installed in and constituting part operation thereof or annexed thereto by Tenant or anyone claiming through or under Tenant, Tenant shall, at its expense, immediately take such action by bonding, deposit or payment as will remove or satisfy the lien or other security interest. If Tenant fails to remove, bond or discharge the lien or other security interest within forty-five (45) days after receipt of the Premisesdemand therefor by Landlord, Landlord, in connection with addition to any other remedy under this Lease and without waiving or releasing Tenant’s Changes on 's default in not timely discharging the lien or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove secured by such lien or encumbrancesecurity interest or discharge the same by deposit, without being responsible for investigating bonding or otherwise and the validity thereofamount so paid, deposited or employed to obtain such bond shall be collectible as Additional Charges. The amount so paid provisions of this subsection shall not be deemed Additional Rent under this Lease payable upon demand, without limitation as applicable to other remedies available liens filed with respect to work done for Tenant's account by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's expense.

Appears in 1 contract

Samples: Lease Agreement (Knight Trimark Group Inc)

Mechanic’s Liens. SECTION 23.1. Tenant shall keep the Property and Premises free from not permit any mechanic’s, laborer’s or materialman’s, or similar liens or other such encumbrances, including the liens of ’s lien to be filed at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting time against the Premises not or any part thereof by reason of work performed by or at on behalf of Tenant or any agent or contractor or anyone holding the request Premises through or under Tenant. If any such lien shall be filed, Tenant, upon notice thereof, shall, within fifteen (15) days of the date of receipt of notice of such filing, notify Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receipt of notice of such filing cause the same to be discharged of record by Landlord; payment, deposit, bond, order of a court of competent jurisdiction or otherwise, and if Tenant shall give Landlord prompt notice of such discharge. If Tenant shall fail to do socause such lien to be so discharged, then in addition to any other right or remedy which Landlord may have, Landlord may may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Xxxxxxxx and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the lesser of the Prime Rate plus two hundred (200) basis points, or (ii) the maximum rate permitted by law, from the date of Landlord’s making of the payment or incurring of the cost or expense, shall be deemed Additional Rent under this Lease payable promptly paid to Landlord by Tenant upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Xxxxxx agrees that at all times when the same may be necessary or desirable, Tenant shall keep will take such action as may be required to prevent the Property and Premises free from enforcement of any mechanic’s, materialman’s, 's or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, Xxxxxx's leasehold interest, or Landlord's fee interest in connection with any Tenant’s Changes on or respecting the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Xxxxxx's request. Tenant shall provide such advance written notice of any Subsequent Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within sixty (60) days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give be a material default under this Lease, and Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)shall have, in order addition to afford all other remedies provided by this Lease or by Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord the opportunity of posting for such purpose and recording appropriate notices of nonresponsibility. all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after following written notice demand by Landlord; and if Xxxxxxxx. Notwithstanding the foregoing, Tenant shall fail have the right to do socontest any such lien in good faith, Landlord may pay if, within sixty (60) days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease

Mechanic’s Liens. (a) Tenant will not suffer or permit any mechanic's, laborer's or materialman's lien to be filed against the Land, Building, or Premises, or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to tenant; and if any such lien shall at any time be filed, Tenant, within ten (10) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise provided by law. If Tenant shall keep fail to cause such lien to be discharged within the Property and Premises free from period aforesaid, then in addition to any mechanic’sother right or remedy, materialman’sOwner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or similar liens by procuring the discharge of such lien by deposit or by bonding or other such encumbrances, including the liens proceedings. Owner may at its option and without waiving any of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change its rights set forth in the Premises (or such additional time as may be necessary under applicable Laws)immediately preceding sentence, in order permit Tenant to afford Landlord the opportunity contest validity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if claim, provided that in such circumstances the Tenant shall fail at its expense defend itself and Owner against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Owner, the Premises or the building, provided further that Owner may at any time require the Tenant to do so, Landlord may pay post a bond with an entity satisfactory to Owner in an amount one and one-half (1.5) times the amount necessary to remove such of the lien or encumbranceto deposit with the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and discharge of the lien. If Tenant shall not immediately make such payment upon the request of Owner, without being responsible for investigating Owner may make said payment in the validity thereof. The amount so paid together with interest thereon from the date of payment and all legal costs and charges, including attorney fees incurred by Owner in connection with said payment shall be deemed Additional Rent under this Lease and shall be payable upon on the next date on which a base rental installment is due. Any amount so paid by Owner, plus all of Owner's costs and expenses associated therewith, shall be paid by Tenant to Owner on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or interest thereon at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in Reimbursement Interest Rate from the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdue date until paid.

Appears in 1 contract

Samples: Lease Agreement (Navidec Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, ---------------- whether in the nature of erection, construction, alteration or repair, shall keep be deemed to be for the Property immediate use and Premises free from any benefit of Landlord, nor shall Tenant be deemed to be the agent of Landlord in performing such work, so that no mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall be allowed against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of consent given by Landlord to Tenant to improve the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the Premises. If any mechanic's or other lien shall at least twenty (20) days prior to the commencement of work on any Tenant’s Change in time be filed against the Premises (by reason of work, labor, services or such additional time as may be necessary under applicable Laws)materials performed or furnished, in order or alleged to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. have been performed or furnished to Tenant, Tenant shall remove any such lien or encumbrance by bond or otherwise shall, within thirty (30) days after written receiving notice by thereof from the Landlord; , cause the same to be discharged of record or bonded to the satisfaction of Landlord, at Tenant's sole cost and if expense. If Tenant shall fail to do socause such lien to be so discharged or bonded within such thirty (30)-day period, then, Landlord in its sole discretion, may pay bond or discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord, including reasonable attorneys' fees, incurred by Landlord either in defending against such lien or encumbrancein procuring the bonding or discharge of such lien, without being responsible for investigating together with interest thereon at the validity thereof. The amount so paid Lease Interest Rate shall be deemed due and payable by Tenant to Landlord as Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days after Tenant's receipt of notice thereof from Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease (Silver Diner Inc /De/)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s or construction liens to be filed against the Premises or the Project in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) business days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either: (1) pay the amount of the lien and cause the lien to be released of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest at the Default Rate, shall be paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defenddefend and hold harmless Landlord, protectits property manager, Invesco, any subsidiary or affiliate of the foregoing, and hold Landlord harmless their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against any and all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ feesfees and disbursements and court costs) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Tenant Party to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. The foregoing indemnity shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in survive the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesexpiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Interpace Biosciences, Inc.)

Mechanic’s Liens. Section 12.1 Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’smechanics' liens, materialman’s, or similar 's liens or other such encumbrances, including liens to be filed against the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Demised Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action part thereof by reason of work, labor or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days services performed or materials supplied or claimed to have been performed or supplied, whether prior or subsequent to the commencement date of work on this Lease, for Tenant or any one holding the Demised Premises or any part thereof for, through or under Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove If any such lien or encumbrance by bond or otherwise shall at any time be filed against the Demised Premises, Tenant shall cause the same to be discharged of record within thirty (30) days after written the date of receipt of notice by LandlordTenant of the filing of the same. Landlord agrees that, should it receive notice of the aforesaid filing, it will thereupon send a notice to Tenant, whereupon the aforesaid thirty (30) days period shall begin to run; and provided, however, that, if Tenant shall receive prior actual notice of the aforesaid filing, whether official or not, then the thirty (30) day period shall commence to run upon the receipt of such prior actual notice. If Tenant shall fail to do sodischarge such mechanic's lien or other lien within such period, then, in addition to any other right or remedy of Landlord, the Landlord may pay may, but shall not be obligated to, discharge the same by paying the amount necessary claimed to remove be due without inquiry into the validity of the same. Any amount paid by Landlord in procuring the discharge of such lien or encumbranceand all of Landlord's necessary disbursements, without being responsible for investigating including attorneys' fees, in connection therewith, with interest thereon at the validity thereof. The amount so paid rate of 12% per annum from the date of payment, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available repaid by Tenant to Landlord under this Lease. Nothing contained on demand and, if unpaid, may be treated as additional rent as provided in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesArticle 8 above.

Appears in 1 contract

Samples: Lease (New England Bancshares Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from Sublessee will not permit any mechanic’s, materialman’s’s liens, or similar liens other liens, to be placed upon the Premises or other such encumbrancesany building or improvement thereon during the term hereof as a result of Sublessee’s actions, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed and in and constituting part case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestSublessee will promptly pay same; provided, conditional sale however, that Sublessee shall have the right to contest the validity or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement amount of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien upon posting security with Sublessor which in Sublessor’s reasonable judgment is adequate to pay and discharge any such lien in full if held valid. Sublessee shall have sixty (60) days after filing to pay the lien or encumbrance post security as provided. If default in payment thereof shall continue for thirty (30) days after notice thereof from Sublessor to Sublessee, (unless Sublessee shall have posted security as aforesaid), Sublessor shall have the right and privilege at Sublessor’s option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be immediately due by bond or otherwise within Sublessee to Sublessor and shall be paid promptly upon presentation of xxxx therefor. Sublessor covenants that it will not permit any mechanic’s liens to be placed on the Subleased Premises, and that, should such lien be recorded against the Subleased Premises, Sublessor will ensure its removal not later than thirty (30) days after written notice demand therefor is made upon Sublessor by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesSublessee.

Appears in 1 contract

Samples: Sublease (Griffin Realty Trust, Inc.)

Mechanic’s Liens. Notice is hereby given that Landlord shall not be liable to any Person for any labor or materials furnished or to be furnished to Tenant shall keep the Property upon credit, and Premises free from any that no mechanic’s, materialman’s’s or other lien for any such labor or materials shall attach to or affect the reversion or other estate or interest of Landlord in and to the Leased Premises, the Building or the Land. Whenever and as often as any mechanic’s lien or materialman’s lien shall have been filed against the Leased Premises, the Building or the Land based upon any act or interest of Tenant or of anyone claiming through or under Tenant, or similar liens or other such encumbrances, including the liens of if any security interest in, conditional sales of, or chattel mortgages upon, lien with respect thereto shall have been filed affecting any materials, fixturesmachinery or fixtures used in the construction, repair or articles so installed in and constituting part operation thereof or annexed thereto by Tenant or anyone claiming through or under Tenant, Tenant shall, at its expense, immediately take such action by bonding, deposit or payment as will remove or satisfy the lien or other security interest. If Tenant fails to remove or discharge the lien or other security interest within forty-five (45) days after receipt of the Premisesdemand therefor by Landlord, Landlord, in connection with addition to any other remedy under this Lease and without waiving or releasing Tenant’s Changes on default in not timely discharging the lien or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove secured by such lien or encumbrance, without being responsible for investigating security interest or discharge the validity thereof. The same by deposit and the amount so paid or deposited shall be deemed collectible as Additional Rent under Charges. The provisions of this Lease payable upon demand, without limitation as subsection shall not be applicable to other remedies available liens filed with respect to work done for Tenant’s account by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesexpense.

Appears in 1 contract

Samples: Lease Agreement (Fidelity & Guaranty Life)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from Section 8.1 The TENANT covenants not to suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrances, including to be filed against the liens of any security fee interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLANDLORD nor against TENANT's leasehold interest in the Demised Premises by reason of work, in connection with labor, services or materials supplied or claimed to have been supplied to the TENANT or any Tenant’s Changes on contractor, subcontractor or respecting the Premises not performed by any other party or person acting at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsthe TENANT, or costs (including attorneys’ fees) arising out anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the event any mechanic's lien shall be filed against the fee interest of the same LANDLORD or in connection with any such lienagainst the TENANT's leasehold interest the TENANT shall, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receiving notice of the filing thereof, cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond or order of a court of competent jurisdiction or otherwise. If TENANT shall fail to do socause such lien to be discharged or bonded within the period aforesaid, Landlord may then in addition to any other right or remedy, LANDLORD may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, by procuring the discharge of such lien by deposit by bonding proceedings, and in any such event, LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the fee owner in connection therewith, including but not limited to premiums on any bonds filed and attorneys' fees, shall constitute Additional Rental payable by TENANT under this lease and shall be deemed Additional Rent under this Lease payable upon demand, without limitation as paid by TENANT to other remedies available to Landlord under this LeaseLANDLORD within ten days of demand therefor. Nothing contained in this Lease herein shall authorize Tenant obligate TENANT to do pay, discharge or bond-over any act which shall subject Landlord’s title to the Property lien created by LANDLORD or Premises to any liens party other than TENANT, its agents, employees or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisescontractors.

Appears in 1 contract

Samples: Gutbusters Pty LTD

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by Oyster Point Marina Plaza Office Lease Kashiwa Fudosan Aanerica, :: MyoKardia, Inc. page 23 of 51 myokardia Ise 5-111318.doc [Suites 306 & 321 (395 OPB); 22,090 bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall whichshall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.

Appears in 1 contract

Samples: Lease Commencement Date Agreement (MyoKardia Inc)

Mechanic’s Liens. Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from any mechanic’s, materialman’sleased premises, or similar any part thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from or other such encumbrances, including any claim for damage growing out of the liens work of any security interest inconstruction, conditional sales ofrepair, restoration, replacement or improvement, or chattel mortgages uponany other claim or demand howsoever the same may arise, but Tenant shall pay or cause to be paid all of said liens, claims or demands before any materials, fixtures, or articles so installed in action is brought to enforce the same against said land; and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, Tenant agrees to indemnify and hold Landlord and said land free and harmless from all liability for any and against any claimsall such liens, liabilitiesclaims and demands, judgements, or together with reasonable attorneys' fees and all costs (including attorneys’ fees) arising out of the same or and expenses in connection with therewith. Notwithstanding anything to the contrary hereinabove contained in this ARTICLE XI, if Tenant shall in good faith contest the validity of any such lien, security interestclaim or demand, conditional sale or chattel mortgage or then Tenant shall, at its expense, defend itself and Landlord against the same and shall pay and satisfy any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as adverse judgment that may be necessary under applicable Laws)rendered thereon before the enforcement thereof against Landlord or the leased premises, upon the condition that if Landlord shall require, Landlord shall furnish to Landlord a surety bond satisfactory to Landlord in order an amount equal to afford such contested lien, claim or demand indemnifying Landlord against liability for the opportunity same, and holding the leased premises free from the effect of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond claim or otherwise within thirty (30) days after written notice by Landlord; and if Landlord shall request, Tenant shall fail to do soprocure and record the bond provided for in Section 1193-2 of the California Code of Civil Procedure, Landlord may pay or any comparable statute hereafter enacted providing for a bond freeing the amount necessary to remove leased premises from the effect of such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property claim or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesaction thereon.

Appears in 1 contract

Samples: Ground Lease (Hines Horticulture Inc)

Mechanic’s Liens. 10.01 During the term of this Lease, Tenant shall keep the Property not permit to remain, and Premises free from any mechanic’sshall promptly discharge, materialman’sat its cost and expense, all liens, encumbrances and charges (other than liens, encumbrances and charges created by Landlord, or similar arising solely out of any action of Landlord) upon the Building or the Leased Premises or any part thereof; provided, that the existence of any mechanics', laborers', materialmens', suppliers' or vendors' liens or other rights thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof and if such encumbrancescontract does not postpone payment for more than ninety (90) days after the performance thereof. Tenant shall, including however, have the liens right to contest with due diligence the validity or amount of any security interest in, conditional sales of, lien or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such claimed lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. if Tenant shall give to Landlord written notice at least twenty (20) days prior such security as Landlord may reasonably require to insure payment thereof and prevent any sale, foreclosure or forfeiture of the commencement Leased Premises or any portion thereof by reason of work on any Tenant’s Change in such nonpayment. On final determination of the Premises (lien or such additional time as may be necessary under applicable Laws)claim for lien, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove immediately pay any such judgment rendered with all proper costs and charges and shall have the lien released or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; judgment satisfied at Tenant's own expense, and if Tenant shall fail to do so, Landlord may at its option pay any such final judgment and clear the Leased Premises therefrom. If Tenant shall fail to contest with due diligence the validity or amount necessary to remove of any such lien or encumbranceclaimed lien, without being responsible for investigating or to give Landlord security as hereinabove provided, Landlord may, but shall not be required to, contest the validity thereof. The or amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do of any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a such lien or encumbrance upon claimed lien or settle or compromise the Property same without inquiring into the validity of the claim or Premises arising in connection with any Work on or respecting the Premises not performed by or at reasonableness of the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesamount thereof.

Appears in 1 contract

Samples: Foodbrands America Inc

Mechanic’s Liens. From and after the Commencement Date (or such earlier date that Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of enters the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice Notice of Tenant's intention to perform any work on the Premises which might result in any claim of lien at least twenty (20) days prior to the commencement of such work on to enable Landlord to post and record a notice of nonresponsibility or other notice Landlord deems proper prior to the commencement of any such work. Tenant shall not permit any mechanic's, materialmen's or other liens to be filed against the Property or the Building or any portion thereof or against Tenant’s Change 's leasehold interest in the Premises. If Tenant fails to cause the release of record of any lien(s) filed against the Property or the Building or any portion thereof or its leasehold estate in the Premises by payment or posting of a proper bond within ten (or such additional time as may be necessary under applicable Laws10) days from the date of the lien filing(s), in order then Landlord may, at Tenant's expense, cause such lien(s) to afford be released by any means Landlord deems proper, including, but not limited to, payment of or defense against the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Landlord in connection with any Work the release of the lien(s), including, but not limited to, all costs, expenses and actual attorneys' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on or respecting the Premises not performed demand by or Landlord, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against such demand until paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Form Office Lease (8x8 Inc /De/)

Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written Xxxxxx’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with Xxxxxxxx’s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from Lessee will not permit any mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien or encumbrance to be filed against or placed upon the liens of Demised Premises or any security interest in, conditional sales of, building or chattel mortgages upon, any materials, fixtures, buildings or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes other improvements on or respecting the Premises not performed by or at during the request term of Landlord and shall indemnify, defend, protectthis Lease, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in case of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within attaching will promptly pay off the same. If default in the payment thereof shall continue for thirty (30) days after written notice by Landlordthereof from Lessor to Lessee, Lessor shall have the right at its option and without inquiring as to the validity or the correctness of the amount or amounts thereof, of paying the same or any portion thereof, and any amount or amounts so paid, including attorneys' fees and expenses, together with interest at the rate specified in Section III hereof on the amount or amounts of such expenditures from the respective dates thereof, shall become so much additional and further rent due from Lessee to Lessor hereunder. Notwithstanding the foregoing, Xxxxxx shall have the right to contest a mechanic's lien claim. In the event of such a contest, Xxxxxx shall not be deemed in default hereunder during the pendency of such contest, and Lessor shall not be entitled to pay the lien in accordance with the requirements of this Section X. Provided, however, if Xxxxxx shall contest the validity of any such mechanic's lien claim, Lessee shall, at its sole expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Demised Premises; and if Tenant Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested mechanic's lien claim indemnifying Lessor against liability for the same and holding the Demised Premises free from the effect of such mechanic's lien claim. If Lessee shall fail to do sodefend Lessor as hereinabove provided, Landlord Lessor may require Lessee to pay the amount Lessor's reasonable attorneys' fees and costs in such action if Lessor shall determine it to be necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as participate to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesprotect Xxxxxx's interest.

Appears in 1 contract

Samples: Lease (Del Global Technologies Corp)

Mechanic’s Liens. Tenant SECTION 12.01: Lessor's estate shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens not be subject to claim of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part lien as a result of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant inaction by Lessee, Lessee having no power to encumber Lessor's estate, (and Lessee shall give Landlord written notice at least twenty (20not cause, suffer or permit any mechanic's liens to be filed against the Demised Premises, nor against Lessee's leasehold interest therein) days prior by reason of work, labor, services, or materials supplied or claimed to the commencement of work on have been supplied to Lessee or to anyone holding any Tenant’s Change interest in the Premises (Demised Premises, or such additional any part thereof, through or under Lessee, whether or not the work, labor, services or materials are authorized under this Lease as change or alteration, Work, or otherwise. If claim of any mechanic's lien thus prohibited shall at any time as may be necessary under applicable Laws)filed, in and if Lessee shall fail to cause the same to be discharged of record by payment, deposit, bond, order to afford Landlord the opportunity of posting and recording appropriate notices a court of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond competent jurisdiction or otherwise within thirty (30) 60 days after written notice of filing of such claim then, in lieu of any other right or remedy of Lessor, Lessor may but shall not be obligated to, discharge the same either by Landlord; paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and, in the latter event Lessor shall be entitled, if Lessor so elects, to compel the prosecution of an action to resolve all issues with respect to such mechanic's lien and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove of the judgment in favor of the lienor (if any) with interest, costs and allowances. If Lessor shall pay, bond off or otherwise procure discharge of such lien or encumbrance, without being responsible for investigating then the validity thereof. The amount so paid by Lessor shall be repaid, forthwith upon Lessor's demand, by Lessee to Lessor with interest at the rate of eighteen per cent (18%) from Lessor's payment to the date of Lessee's repayment, together with reasonable attorney's fees, if any, incurred by Lessor in connection therewith. Nothing in this Lease contained shall be deemed Additional Rent under this Lease payable upon demandor construed in any way as constituting the consent or request of Lessor, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises or any part thereof, nor as giving Lessee a lien right, power or encumbrance upon authority to contract for or permit the Property rendering of any services or Premises arising in connection with the furnishing of any Work on or respecting materials under circumstances that would give rise to the Premises not performed by or at the request filing of Landlord shall be null and void, or, at Landlord’s option, shall attach only any mechanic's liens against Tenant’s Lessor's interest in the Demised Premises and shall or in all respects be subordinate to Landlord’s title to the Property and Premisesthis lease.

Appears in 1 contract

Samples: Lease (Information Holdings Inc)

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