Common use of Notice of Commencement Clause in Contracts

Notice of Commencement. At least 20 days prior to commencing any work relating to any alterations, improvements or additions approved by Landlord, Tenant shall notify Landlord in writing of the expected date of commencement. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant hereby defends, indemnifies and holds Landlord harmless against loss, damage, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge or undertake to defend against such liability, upon receipt of written notice from Landlord of such failure, Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. Landlord should also immediately notify Tenant if any complaint, lawsuit or other action with respect to a mechanic’s lien is filed or commenced. Within the time period allotted to answer such action, such complaint or respond to such lawsuit or other action, Tenant shall either: (a) settle the lawsuit without recourse to Landlord, at Tenant’s sole cost and expense, or (b) post such bond as may be required under Maryland law to preclude the granting of a mechanics’ or materialmen’s lien against the Premises.

Appears in 6 contracts

Samples: Lease Agreement (Human Genome Sciences Inc), Lease Agreement (BioMed Realty Trust Inc), Lease Agreement (BioMed Realty Trust Inc)

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Notice of Commencement. At least 20 10 days prior to commencing any work relating to any alterations, improvements or additions which require Landlord’s prior consent or which have been approved by Landlord, Tenant shall notify Landlord in writing of the expected date of commencement. Landlord shall have the right at any time thereafter to post and maintain in the work area on the Premises such notices as Landlord reasonably deems necessary to protect Landlord and the Premises from mechanics’ liens, materialmen’s liens or any other liens, provided that such postings shall not interfere with such work. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant hereby defends, indemnifies and holds Landlord harmless against loss, damage, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge remove or undertake bond any lien(s) filed against the Premises in connection with any work performed or any work claimed to have been performed by or at the direction of Tenant within 10 days from the date of the lien(s) filing, Landlord may remove such lien(s) at Tenant’s expense and Tenant shall reimburse Landlord for all costs incurred by Landlord in connection with the removal of the lien(s), which amount shall be deemed Additional Rent, and shall include, without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees, with interest thereon, at the Default Rate from the date of expenditure. If Tenant shall contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense defend and protect itself, Landlord and the Premises against the same and shall pay and satisfy any such liability, upon receipt of written notice from judgment that may be rendered thereon before the enforcement thereof. If Landlord of such failureshall require, Tenant shall have fifteen (15) days (the “Defense Cure Period”) furnish a surety bond in an amount equal to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, 150% of the amount of such contested lien, claim or demand, indemnifying Landlord against liability to include both for the settlement consideration and the costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. Landlord should also immediately notify Tenant if any complaint, lawsuit or other action with respect to a mechanic’s lien is filed or commenced. Within the time period allotted to answer such action, such complaint or respond to such lawsuit or other action, Tenant shall either: (a) settle the lawsuit without recourse to Landlord, at Tenant’s sole cost and expense, or (b) post such bond as may be required under Maryland law to preclude the granting of a mechanics’ or materialmen’s lien against the Premisessame.

Appears in 1 contract

Samples: Lease Agreement (NPS Pharmaceuticals Inc)

Notice of Commencement. At least 20 days prior to commencing any work relating to any alterations, improvements or additions approved by Landlord, Tenant shall notify Landlord in writing of the expected date of commencement. Landlord shall have the right at any time thereafter to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect Landlord and the Premises from mechanics’ liens, materialmen’s liens or any other liens. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant hereby defends, indemnifies and holds Landlord harmless against loss, damage, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge remove or undertake bond any lien(s) filed against the Premises in connection with any work performed or any work claimed to defend against have been performed by or at the direction of Tenant within 10 days from the date of the lien(s) filing, Landlord may remove such liability, upon receipt of written notice from Landlord of such failure, lien(s) at Tenant’s expense and Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then reimburse Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the for all costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In connection with the event any contractorremoval of the lien(s), agent which amount shall be deemed Additional Rent, and shall include, without limitation, all sums disbursed, incurred or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. Landlord should also immediately notify Tenant if any complaint, lawsuit or other action with respect to a mechanic’s lien is filed or commenced. Within the time period allotted to answer such action, such complaint or respond to such lawsuit or other action, Tenant shall either: (a) settle the lawsuit without recourse to deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees, with interest thereon, at Tenant’s sole cost and expense, or (b) post such bond as may be required under Maryland law to preclude the granting Default Rate from the date of a mechanics’ or materialmen’s lien against the Premisesexpenditure.

Appears in 1 contract

Samples: Lease Agreement (Isis Pharmaceuticals Inc)

Notice of Commencement. At least 20 days prior to commencing any work relating to any alterations, improvements or additions approved by Landlord, Tenant shall notify Landlord in writing of the expected date of commencement. Landlord shall have the right at any time thereafter to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect Landlord and the Premises from mechanics' liens, materialmen's liens or any other liens. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics' or materialmen’s 's liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant hereby defends, indemnifies and holds Landlord harmless against loss, damage, attorneys' fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge remove or undertake bond any lien(s) filed against the Premises in connection with any work performed or any work claimed to have been performed by or at the direction of Tenant within 10 days from the date of the lien(s) filing, Landlord may remove such lien(s) at Tenant's expense and Tenant shall reimburse Landlord for all costs incurred by Landlord in connection with the removal of the lien(s), which amount shall be deemed Additional Rent, and shall include, without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord's costs, expenses and actual attorneys' fees, with interest thereon, at the Default Rate from the date of expenditure. If Tenant shall contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense defend and protect itself, Landlord and the Premises against the same and shall pay and satisfy any such liability, upon receipt of written notice from judgment that may be rendered thereon before the enforcement thereof. If Landlord of such failureshall require, Tenant shall have fifteen (15) days (the “Defense Cure Period”) furnish a surety bond in an amount equal to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, 150% of the amount of such contested lien, claim or demand, indemnifying Landlord against liability for the same. If Landlord elects to include both the settlement consideration and the costs and expenses (including attorneys’ fees) incurred by Landlord participate in effecting any such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. Landlord should also immediately notify Tenant if any complaint, lawsuit or other action with respect to a mechanic’s lien is filed or commenced. Within the time period allotted to answer such action, such complaint or respond to such lawsuit or other action, Tenant shall either: (a) settle the lawsuit without recourse to pay Landlord, at Tenant’s sole cost 's attorneys' fees and expense, or (b) post such bond as may be required under Maryland law to preclude the granting of a mechanics’ or materialmen’s lien against the Premisescosts.

Appears in 1 contract

Samples: Lease Agreement (Cel Sci Corp)

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Notice of Commencement. At least 20 twenty (20) days prior to commencing any work relating to any alterations, improvements or additions approved by Landlord, Tenant shall notify Landlord in writing of the expected date of commencement. Landlord shall have the right at any time thereafter to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect Landlord and the Premises from mechanics’ liens, materialmen’s liens or any other liens. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant hereby defends, indemnifies and holds Landlord harmless against loss, damage, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge remove or undertake bond any lien(s) filed against the Premises in connection with any work performed or any work claimed to defend against have been performed by or at the direction of Tenant within ten (10) business days from the date of the lien(s) filing, Landlord may remove such liability, upon receipt of written notice from Landlord of such failure, lien(s) at Tenant’s expense and Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then reimburse Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the for all costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In connection with the event any contractorremoval of the lien(s), agent which amount shall be deemed Additional Rent, and shall include, without limitation, all sums disbursed, incurred or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. Landlord should also immediately notify Tenant if any complaint, lawsuit or other action with respect to a mechanic’s lien is filed or commenced. Within the time period allotted to answer such action, such complaint or respond to such lawsuit or other action, Tenant shall either: (a) settle the lawsuit without recourse to deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees, with interest thereon, at Tenant’s sole cost and expense, or ten percent (b10%) post such bond as may be required under Maryland law to preclude per annum from the granting date of a mechanics’ or materialmen’s lien against the Premisesexpenditure.

Appears in 1 contract

Samples: Lease Agreement (Iris International Inc)

Notice of Commencement. At least 20 twenty (20) days prior to commencing any work relating to any alterations, improvements or additions approved by Landlordto the Premises (the “Tenant Alterations”), Tenant shall notify Landlord in writing of the nature of such Tenant Alterations and the expected date of commencementcommencement of such work. Landlord shall have the right (but not the obligation) at any time thereafter to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect Landlord and the Premises from mechanics’ liens, materialmen’s liens or any other liens, including the posting of any notice of non-responsibility in accordance with California law. Tenant shall not commence any such work prior to the date which is twenty (20) days following Landlord’s receipt of such notice from Tenant, unless otherwise agreed by Landlord. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant hereby defends, indemnifies and holds Landlord harmless against loss, damage, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails will remove or bond any lien(s) filed against the Premises in connection with any work performed or materials or supplies furnished, or any work, materials or supplies claimed to discharge have been performed or undertake furnished by or at the direction of (or for the benefit of) Tenant within ten (10) days from the date of the filing of the lien(s). In addition to defend against any other remedies available to Landlord under this Lease, Landlord may remove such liability, upon receipt of written notice from Landlord of such failure, lien(s) at Tenant’s expense and Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then reimburse Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the for all costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In connection with the event any contractorremoval of the lien(s), agent which amount shall be deemed Additional Rent, and shall include, without limitation, all sums disbursed, incurred or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. Landlord should also immediately notify Tenant if any complaint, lawsuit or other action with respect to a mechanic’s lien is filed or commenced. Within the time period allotted to answer such action, such complaint or respond to such lawsuit or other action, Tenant shall either: (a) settle the lawsuit without recourse to deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees, with interest thereon, at Tenant’s sole cost and expense, or (b) post such bond as may be required under Maryland law to preclude the granting Default Rate from the date of a mechanics’ or materialmen’s lien against the Premisesexpenditure.

Appears in 1 contract

Samples: Lease Agreement (Isis Pharmaceuticals Inc)

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