Lien Claims. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall any interest or estate of Landlord in the Premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant, and any claim to or lien upon the Premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall in all respects be subject and subordinate to the paramount title and rights of Landlord in and to the Premises. Tenant will not permit the Premises to become subject to any mechanics’, laborers’ or materia men’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with the work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall first either (a) give to Landlord an amount equal to one hundred fifty percent (150%) of the amount of the lien or claimed lien which, together with interest earned thereon, which amount shall be held by Landlord as security to insure payment thereof and to prevent any sale, foreclosure or forfeiture of the Premises by reason of non-payment thereof or (b) provide title insurance or bond over such lien in a manner reasonably satisfactory to Landlord. The amount so deposited with Landlord shall be held by Landlord in an account established at a federally insured banking institution until satisfactory removal of said lien or claim of lien. On any final determination of the lien or claim for lien, Tenant will immediately pay any judgment rendered, with all proper costs and charges, and will, at its own expense, have the lien released and any judgment satisfied. Should Tenant fail to diligently contest and pursue such lien contest, Landlord may, at its option, use the sums so deposited to discharge any such lien and upon the satisfaction of such lien or encumbrance Landlord shall pay all such sums remaining on deposit to Tenant.
Lien Claims. Obtain from the General Contractor the negotiation of settlements with all material mechanics, materialmen and subcontractors, and if any mechanic’s, materialman’s or similar lien and/or stop notices are filed with respect to the Project, take such action (short of instituting legal proceedings) which is within the power of Development Manager, or cause the General Contractor to take such lawful action, as is appropriate to contest or settle and discharge such lien or liens and/or stop notices and to remove the same by bonding or otherwise within thirty (30) days after receiving notice of the filing thereof.
Lien Claims. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises or the Building, nor shall any interest or estate of Landlord in the Premises or the Building be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant, and any claim to or lien upon the Premises or the Building arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall in all respects be subject and subordinate to the paramount title and rights of Landlord in and to the Premises or the Building. Tenant will not permit the Premises or the Building to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant.
Lien Claims. If any mechanic's lien or materialman's lien shall ----------- be recorded, filed or suffered to exist against the Property or any interest therein by reason of any work, labor, services or materials supplied, furnished or claimed to have been supplied and furnished in connection with any work of improvement upon the Property, said lien or claim shall be paid, released or otherwise discharged of record to the extent required by, and in accordance with, Section 5.04 of the Credit Agreement.
Lien Claims. Trustee shall (a) promptly furnish to Agent and Lessee a copy of any notice of claims sent to Trustee by any person claiming or asserting any Lien on any portion of the Property, and (b) not create or authorize any Liens (other than the Permitted Encumbrances) on the Property arising by, through, or under Trustee.
Lien Claims. The Lessee covenants and agrees not to permit any lien to be registered against the Lands for any labour or materials furnished to, or with the consent of, the Lessee, it agents or contractors, in connection with any work performed or claimed to have been performed on the Lands or Improvements by or at the direction or sufferance of the Lessee. The Lessee shall have the right to contest the validity of, or the amount claimed under or in respect of, any such lien if such contesting shall involve no forfeiture, foreclosure or sale of the Lands or any part thereof but, until a final determination of such contest, the Lessee shall not be required to cause such lien to be discharged and released until after a final determination, at which time the Lessee shall cause such lien to be discharged.
Lien Claims. If a Lien claim or affidavit from a contractor or supplier is recorded or is served upon Borrower which affects the Borrowing Base Property, Borrower shall, on or before forty-five (45) days after such recording or service, take one of the following courses of action: (a) pay and discharge the same; (b) effect the release thereof by recording and delivering to Administrative Agent a surety bond that complies with the applicable Laws of the State where the affected Borrowing Base Property is located, and that is in form, amount and issued by a surety acceptable to Administrative Agent, in its sole and absolute discretion; (c) provide Administrative Agent with other assurance which Administrative Agent deems, in its sole discretion, to be satisfactory for the payment of such Lien claim or affidavit and for the full and continuous protection of Administrative Agent from the effect of such Lien claim or affidavit; or (d) contest such claim, with diligence, in good faith and as required by applicable Laws, in a manner which will have the effect of releasing or bonding such claim. In the case of a Lien contest pursuant to clause (d) above, the Maximum Credit Amount of the Borrowing Base Property affected by such claim may be reduced by an amount equal to one hundred fifty percent (150%) of the amount of such claim.
Lien Claims. In the event that a mechanic’s, materialman’s, or other type of lien or lien claim is filed against the Demised Premises, the Base Lessor’s interest in the Demised Premises and/or in the Base Lease, Sublessor’s interest in the Demised Premises and/or in the Base Lease and/or in this Sublease, or Sublessee’s interest in this Sublease arising or resulting from acts or omissions by Sublessee, Sublessee will promptly secure the release of the same, or if Sublessee wishes to contest any such lien or claim, Sublessee may do so, but only if Sublessee complies with the Base Lease and furnishes Sublessor with surety bonds or escrow funds sufficient in amount in Sublessor’s sole opinion to protect Sublessor’s and the Base Lessor’s interests in the Demised Premises and/or in the Base Lease and Sublessor and Sublessee’s interests in this Sublease during the pendency of such contest and to pay such lien or claim if it is found to be valid upon the conclusion of such contest (“Sublessor’s Security”). If Sublessee does not secure such release or furnish Sublessor’s Security, Sublessor may, after fifteen (15) days prior written notice to Sublessee, pay such lien or claim and secure such release, and Sublessee will be obligated to reimburse Sublessor for all sums expended by Sublessor in paying such lien or claim upon demand.
Lien Claims. Contractor shall indemnify, defend and hold harmless Owner and CZS (including their directors, officers, agents, employees, affiliates, parents or subsidiaries) from and against any and all suits, claims, damages, losses, costs, settlements, arbitration awards and expenses, including attorney's fees suffered, incurred or arising from mechanics' or materialmen's liens and any other claims for payment asserted against Owner or CZS, the Project, the Project Site and existing improvements thereon, or any part thereof, or against any funds intended to pay for the Project arising out of the Work, but only to the extent that Contractor has been paid all undisputed amounts that are due and payable and that such lien is from an agent or Subcontractor (including any lower-tier subcontractor or supplier) of Contractor.
Lien Claims. Lessee covenants to unconditionally indemnify Lessor and the City, as fee owner of the Leased Premises, from and against and save them harmless from any and all lien claims of any nature whatsoever arising out of or in any manner connected with the construction, installation, erection, maintenance, repair, occupancy, use and/or operation of any improvements, facilities and/or equipment erected by Lessee or any third persons on or about the Leased Premises. Lessee further agrees that it shall, in the event any liens are filed encumbering the Leased Premises, effect their removal and/or satisfaction. Lessee shall have the right, at its sole cost and expense and after having given Lessor prior written notice of its intent to do so, to contest by appropriate legal proceedings diligently conducted in good faith, the amount, validity or application, in whole or in part, of any lien(s), provided (i) such proceedings shall suspend the collection of the lien(s), (ii) neither the Leased Premises nor any rent therefrom, or any portion of either, would be in danger of attachment, forfeiture, loss or similar consequence, and (iii) that Lessee shall first furnish Lessor and the City with the security which in Lessor’s opinion is adequate, satisfactory and sufficient to protect Lessor and the City from any loss, penalty, interest, cost or injury incurred by reason of the contest. Except as otherwise provided hereinabove, at Lessor’s request Lessee shall furnish Lessor with written proof of payment of any item which would or might constitute the basis for a lien on the Leased Premises or upon its interest in this Lease if not paid.
