Common use of Prohibition Against Liens Clause in Contracts

Prohibition Against Liens. TENANT shall have no power or authority, expressed or implied, to do, and TENANT is hereby prohibited from doing, any act or to make any contract that may create a Lien upon, or in any manner to bind, the interest or estate of LANDLORD in the Leased Premises. Any approval by LANDLORD to TENANT to do any work upon the Leased Premises, or any part thereof, shall never be construed to constitute an express or implied agency in TENANT to bind or encumber the interest or estate of LANDLORD in any way whatsoever. Any relationship between the parties hereto other than that of landlord and tenant is hereby expressly negated. TENANT covenants and agrees that TENANT will pay or cause to be paid all costs, charges, and expenses that become due and payable on account of work on, at, to, from, or about the Leased Premises authorized by TENANT, and will not permit any valid and enforceable lien to be established against LANDLORD’s interest in the Leased Premises on account of such work. TENANT shall protect, indemnify and hold LANDLORD harmless from any costs, claims, causes of action or expenses including, without limitation, attorney’s fees and court costs, arising from or in any manner pertaining to the approved construction or installation of any alterations, additions or improvements to the Leased Premises and/or any claim for unpaid bills, or any claim of or creation of a Lien upon, or in any manner pertaining to the interest or estate of LANDLORD in the Leased Premises.

Appears in 2 contracts

Samples: Lease Agreement (TWC Holding Corp.), Lease Agreement (Wornick CO Right Away Division, L.P.)

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Prohibition Against Liens. TENANT shall have no power or authority, expressed or implied, to do, and TENANT is hereby prohibited from doing, any act or to make any contract that may create a Lien upon, or in any manner to bind, the interest or estate of LANDLORD in the Leased Premises. Any approval by LANDLORD to TENANT to do any work upon the Leased Premises, or any part thereof, shall never be construed to constitute an express or implied agency in TENANT to bind or encumber the interest or estate of LANDLORD in any way whatsoever. Any , any relationship between the parties hereto other than that of landlord LANDLORD and tenant is TENANT being hereby expressly negated. TENANT covenants and agrees that TENANT will pay or cause to be paid all costs, charges, and expenses that become due and payable on account of work on, at, to, from, or about the Leased Premises authorized by TENANT, and will not permit any valid and enforceable lien to be established against LANDLORD’s interest in the Leased Premises on account of such work. TENANT shall protect, indemnify and hold LANDLORD harmless from any costs, claims, causes of action or expenses including, without limitation, attorney’s fees and court costs, arising from or in any manner pertaining to the approved construction or installation of any alterations, additions or improvements to the Leased Premises and/or any claim for unpaid bills, or any claim of or creation of a Lien upon, or in any manner pertaining to the interest or estate of LANDLORD in the Leased Premises.

Appears in 2 contracts

Samples: Lease Agreement (Wornick CO Right Away Division, L.P.), Lease Agreement (TWC Holding Corp.)

Prohibition Against Liens. TENANT A. Tenant shall have no power not do or authority, expressed or implied, suffer anything to do, and TENANT is hereby prohibited from doing, any act or to make any contract that may create a Lien upon, or in any manner to bind, be done by which the interest or estate of LANDLORD in the Leased Premises. Any approval by LANDLORD to TENANT to do any work upon the Leased Premises, or any part thereof, shall never may be construed to constitute an express encumbered by a lien of any kind. In the event that any mechanic’s or implied agency in TENANT to bind materialmen’s lien or encumber the interest or estate of LANDLORD in any way whatsoever. Any relationship between the parties hereto other than that of landlord and tenant is hereby expressly negated. TENANT covenants and agrees that TENANT will pay or cause lien, purporting to be paid all costs, charges, and expenses that become due and payable for or on account of any labor done or materials or services furnished in connection with any work on, at, to, from, on or about the Leased Premises authorized or any part of any thereof done by, for or under the Landlord of Tenant, or anyone claiming by, through or under Tenant, is filed against the Premises or any part of any thereof, Tenant shall commence action to discharge the same of record within ten (10) business ten days after service upon Tenant of notice of the filing thereof; provided, however, that Tenant shall have the right to remove the lien by TENANTbonding against the same in accordance with Applicable Laws and to contest any such lien; provided, and will further, that Tenant shall diligently prosecute any such contest, at all times effectively staying or preventing any official or judicial sale of the Premises or any part thereof under execution or otherwise, and, if unsuccessful, Tenant shall satisfy any final judgment against Tenant adjudging or enforcing such lien or, if successful, Tenant shall obtain a record satisfaction or release thereof. In the event Tenant fails to comply with this Article, Landlord, in addition to all other remedies provided herein or otherwise, shall have the right, but not permit any valid and enforceable the obligation, to cause the lien to be established against LANDLORD’s interest released by such means as it shall deem proper, including payment of the claim giving rise to the lien. All such sums paid by Lxxxxxxx and all expenses incurred by it in the Leased Premises on account of such work. TENANT shall protectconnection therewith, indemnify including reasonable attorneys’ fees and hold LANDLORD harmless from any costs, claims, causes shall be immediately payable to Landlord by Tenant with interest thereon at the Interest Rate from the date of action payment by Landlord until Landlord receives payment from Tenant. Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or expenses including, without limitation, attorney’s fees and court costs, arising from or in any manner pertaining to the approved construction or installation of any alterations, additions or improvements to the Leased Premises and/or any claim for unpaid billsrequired by law, or which Landlord shall deem proper, for the protection of Landlord, the Premises and any claim of other party having an interest therein from mechanic’s or creation of a Lien upon, or in any manner pertaining to the interest or estate of LANDLORD in the Leased Premisesmaterialmen’s liens.

Appears in 1 contract

Samples: Lease Agreement (Sky Harbour Group Corp)

Prohibition Against Liens. TENANT shall have no power Subject to Section 16(b), Lessee and Lessor agree as follows: Lessee covenants that it will not create or authoritysuffer to be created any lien, expressed encumbrance or implied, to do, and TENANT is hereby prohibited from doing, any act or to make any contract that may create a Lien upon, or in any manner to bind, the interest or estate of LANDLORD in the Leased Premises. Any approval by LANDLORD to TENANT to do any work charge upon the Leased Premises, Rent payable hereunder, or any part thereof. In the event any mechanic’s lien, shall never be construed to constitute an express affidavit, charge or implied agency in TENANT to bind or encumber the interest or estate of LANDLORD in any way whatsoever. Any relationship between the parties hereto other than that of landlord and tenant order (“lien”) is hereby expressly negated. TENANT covenants and agrees that TENANT will pay or cause to be paid all costs, charges, and expenses that become due and payable on account of work on, at, to, from, or about filed against the Leased Premises authorized by TENANTor Rent payable hereunder as a result of Lessee’s actual or alleged act or omission, and will whether or not permit any valid and enforceable such lien is enforceable, Lessee agrees to cause such lien to be established discharged of record by payment, bonding or otherwise no later than fifteen (15) days after receipt by Lessee of notice of the filing of such lien, but in all events, prior to the commencement of foreclosure proceedings. If Lessee shall fail to cause such lien to be discharged or bonded against LANDLORDwithin such period, then, in addition to any other right or remedy, Lessor 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 bonding proceedings or other legal proceedings. Any amount so paid and all costs and expenses incurred in connection therewith, together with interest at the maximum lawful rate thereon from the respective dates of the payment or incurring of the cost and expense to discharge the same, shall constitute an obligation of Lessee and shall be paid by Lessee to Lessor on demand. Nothing herein shall prevent Lessee from contesting the validity of the lien in any manner it chooses so long as such contest is pursued with reasonable diligence. In the event such contest is determined adversely (allowing for appeal to the highest appellate court), Lessee shall promptly pay in full the required amount, together with any interest, penalties, costs or other charges necessary to release such lien. Lessee shall indemnify Lessor in accordance with Section 16(a) below. In no event and under no circumstances shall Lessee cause or suffer to exist any lien against or encumbrance upon Lessor’s interest in the Leased Premises on account of such work. TENANT shall protect, indemnify and hold LANDLORD harmless from any costs, claims, causes of action or expenses including, without limitation, attorney’s fees and court costs, arising from or in any manner pertaining to the approved construction or installation of any alterations, additions or improvements to the Leased Premises and/or any claim for unpaid bills, or any claim of or creation of a Lien upon, or in any manner pertaining to the interest or estate of LANDLORD in the Leased Premises.

Appears in 1 contract

Samples: Amended and Restated Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

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Prohibition Against Liens. TENANT The interest of Landlord in the Premises is not subject to liens for improvements or alterations made by Tenant. Tenant shall have no power comply with the Construction Lien Law of the State of Florida as set forth in Florida Statutes, Chapter 713. Tenant will not, in conjunction with or authorityas a result of any action or work done or contracted for by Tenant, expressed create, nor permit to be created, nor allow to remain any lien, encumbrance or charge of any nature, or any construction lien, mechanic’s lien, laborer’s lien, or materialmen’s lien, which is or might be or might become a lien, encumbrance or charge upon the Premises. Any mechanic’s, laborer’s or materialmen’s lien shall be discharged in accordance with the following: If any mechanic’s, laborer’s or materialmen’s lien shall at any time be filed against the Premises as a result of any action or work done on behalf of, or contracted for by Tenant, Tenant, within fifteen (15) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, or order of a court of competent jurisdiction. If Tenant shall fail to cause such lien to be so discharged within the period aforesaid, then in addition to any other right or remedy available to Landlord, Landlord may, but shall not be obligated to, discharge such lien either by paying the amount claimed to be due or by transferring same to security, and in 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 of any judgment in favor of the lienor with interest, costs and allowances. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to doany contractor, and TENANT is hereby prohibited from doingsubcontractor, laborer or materialmen for the performance of any act or to make any contract that may create a Lien uponlabor, or in the furnishing of any manner materials, for any alteration, addition, improvement or repair to bind, the interest or estate of LANDLORD in the Leased Premises. Any approval by LANDLORD to TENANT to do any work upon the Leased Premises, or as giving Tenant any part thereofright, shall never be construed power or authority to constitute an express contract for or implied agency permit the rendering of any services, or the furnishing of any materials, that would give rise to the filing of any lien against the Premises, nor to subject Landlord’s estate in TENANT the Premises to bind or encumber liability under the interest or estate Mechanic’s Lien Law of LANDLORD the State of Florida in any way whatsoever. Any relationship between the parties hereto other than that of landlord and tenant is hereby expressly negated. TENANT covenants and agrees that TENANT will pay or cause to be paid all costs, charges, and expenses that become due and payable on account of work on, at, to, from, or about the Leased Premises authorized by TENANT, and will not permit any valid and enforceable lien to be established against LANDLORD’s interest in the Leased Premises on account of such work. TENANT shall protect, indemnify and hold LANDLORD harmless from any costs, claims, causes of action or expenses including, without limitation, attorney’s fees and court costs, arising from or in any manner pertaining to the approved construction or installation of any alterations, additions or improvements to the Leased Premises and/or any claim for unpaid bills, or any claim of or creation of a Lien upon, or in any manner pertaining to the interest or estate of LANDLORD in the Leased Premisesway.

Appears in 1 contract

Samples: Ground Lease Agreement

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