Liens and Claims. (a) Tenant will keep the Property and the Complex free from any mechanics', materialmen's, designers' or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant. Tenant will upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed against Tenant or the Property or Tenant’s leasehold estate as a result of the failure to pay any amount that is Tenant’s responsibility and Tenant, within 45 days after such filing, does not release the same of record or provide Landlord with a bond or other surety satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Tenant will reimburse Landlord, as Rent, for all amounts Landlord pays (including, without limitation, reasonable attorneys' fees and costs). To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of the Work 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, but not for any Claims arising from the Work or materials furnished and obligations incurred in connection with any the Work to the extent such Claims are the result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this New Exhibit “D”. NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENT
Liens and Claims. 16.1 The Contractor shall not file, cause to be filed, or allow any person claiming by or through the Contractor to file any lien in any way related to this Contract without first giving the Owner and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement of the dollar amount of any claim pursuant to which it is claimed such right of lien arises.
Liens and Claims. Lessee shall not suffer or cause to be enforced against Lessor or the Property, or any improvements thereon, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising (except liens, claims or demands suffered by or arising from the actions of Lessor), and Lessee shall pay all such liens, claims and demands before any action is brought to enforce the same against the Property, and Lessee agrees to hold Lessor and the Property free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs incurred by Lessor in connection therewith. Lessee shall give Lessor written notice not less than ten (10) days in advance of the commencement of any construction, alteration, addition, improvement or repair exceeding $1,000.00 in value so that Lessor may post and maintain on the property notice of Lessor’s non-responsibility or such other notices as may be necessary to protect Lessor against liability for all such liens or otherwise.
Liens and Claims. Subcontractor must pay promptly all amounts due its employees, subcontractors, suppliers, including amounts due to union affiliations, under this Agreement. No such payments to Subcontractor or parts thereof may be diverted or used by Subcontractor for any other purpose until all obligations or claims resulting from performance delegated by Subcontractor under this Agreement have been paid in full. To the extent Subcontractor has been paid, Subcontractor shall deliver the Work free from all liens, claims and encumbrances. Subcontractor shall, as and when requested, furnish evidence satisfactory to Contractor that all amounts due for labor and materials furnished to Subcontractor in connection with performance of the Work under this Agreement have been paid, including union health, welfare and pension fund payments and payroll taxes. Such evidence shall be furnished in such form and manner as may be requested by Contractor, and if requested by Contractor, all statements relative thereto shall be made by sworn affidavit. Subcontractor shall furnish Contractor, as and when requested by Contractor, with releases of claims, bond rights and lien rights by all persons and entities who have furnished labor, materials or other things in the performance of the Work under this Agreement.
Liens and Claims. During the construction of the Interior Improvements and the installation of Tenant’s trade fixtures, Tenant shall keep the Premises and the Property free from any liens arising out of any work performed, materials furnished or obligation incurred by Tenant. In the event that Tenant shall not, within twenty (20) days following notice of the imposition of any such lien, cause the same to be released of record. Tenant may bond such lien with a bond in accordance with applicable California law to pay off said lien(s). In the event Tenant does not remove said lien as provided herein, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose, and all expenses incurred by Landlord in connection therewith, shall be payable to Landlord by Tenant within five (5) business days after demand with interest at the highest interest rate allowable by law or Landlord may at its option, draw or make a demand under the Security Deposit and/or Letter of Credit to pay said Lien and have said Lien removed. Notwithstanding the foregoing, Tenant shall have the right to contest any lien so filed, however, Tenant must have said lien removed by a bond as described above or otherwise removed from the Premises within twenty (20) days as referenced above.
Liens and Claims. 13.01 If, at any time, there is any lien or claim of any kind whatsoever filed against the Project by a Trade Contractor or anyone claiming under or through Construction Manager for work performed or materials, supplies or equipment furnished in connection with the Work for which Owner shall have paid or reimbursed Construction Manager, and Construction Manager shall not have reimbursed such Trade Contractor or other person or entity, then, Construction Manager shall, within fourteen (14) days after notice from Owner, cause such lien or encumbrance to be canceled and discharged of record by bonding or otherwise as a General Conditions expense as provided in Section 3.01.
Liens and Claims. Licensee shall not permit to be recorded against the Premises any mechanics’, materialmen’s, contractors’ or subcontractors’ liens or any claim for damage arising from the Licensee’s entry on or investigation of the Premises pursuant to this Agreement. If any such lien shall be recorded, Licensee shall cause the same to be removed by payment, bonding, or other means reasonably acceptable to City.
Liens and Claims. Tenant will not suffer or permit to be enforced against Owner’s interest in the Community, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising, and Tenant will pay all such liens, claims and demands before any action is brought to enforce the same against the Community. Tenant agrees to hold Owner and the Community free and harmless from all liability for any such liens, claims or demands, together with all costs and expenses, including, but not limited to, attorneys’ fees and court costs incurred by Owner and the Community in connection therewith.
Liens and Claims. The Contractor shall fully protect, indemnify, defend and save harmless ODR and the Owner from and against any and all liens, bond claims, and/or claims of laborers, mechanics, materialmen and subcontractors of the Contractor hereunder or of the laborers, mechanics, materialmen or subcontractors of any subcontractor of the Contractor hereunder. In the event that any such lien or bond claim shall be filed or asserted, the Contractor shall, whether under the Contract Documents or from any other source.
Liens and Claims. Supplier shall indemnify and hold harmless System Owner, Host Customer, and Lenders and defend each of them from all liens and claims filed or asserted by Supplier’s Subcontractors or other third parties claiming under Supplier against System Owner, the Host Customer, the System or the Premises for services performed or materials and equipment furnished to or by Supplier or its Subcontractors by such third parties, and from all Claims arising out of all such liens or claims. Supplier shall, at no cost to System Owner or Host Customer, promptly release, discharge or otherwise remove any such lien or claim by bonding, payment or otherwise and shall notify System Owner of such discharge, release or removal. If Supplier does not timely cause any such lien or claim to be discharged, released or otherwise removed by payment or bonding or other method approved in advance by System Owner, System Owner shall have the right (but not the obligation) to pay all sums necessary to obtain releases and discharges (including the settlement of any lien or claim). In such event, System Owner shall have the right to deduct all amounts so paid (plus reasonable attorneys’ fees) from amounts due Supplier hereunder; and upon reasonable demand by System Owner, Supplier shall reimburse System Owner for such amounts not deducted. Supplier shall use commercially reasonable efforts to cause its Major Subcontractors to execute an indemnification agreement in favor of the Indemnitees in substantially the same form as this Section 13.2 prior to the start of their performance hereunder.
