Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 3 contracts

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

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Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s 's lien or other lien to be filed or recorded against the Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or of anyone holding the Premises, or any portion thereof, by, through or under Tenant. If any such mechanic’s 's lien or other lien shall at any time shall be filed or recorded against the Premises, Premises or any portion thereof, Tenant shall cause the same to be discharged of record Tenant, within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, that date 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 first becomes aware of the full amount filing of such lien, and from time to time deposit additional security so thatthe same, at all timesTenant's election, adequate security will shall cause said lien either to be available for the payment discharged of the full amount of the lien together with all interest, penalties, costs and other charges record or to be bonded over in respect thereofa manner which is reasonably acceptable to Landlord. If Tenant complies with shall fail to discharge such mechanic's lien or other lien or to bond over the foregoingsame within such period, and Tenant continuesthen Landlord may, in good faithbut shall not be obligated to, discharge the same by paying to contest the validity claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale deposit of a cash sum or forfeiture of the Premisesa bond or other security, or any part thereof, to satisfy in such other manner as is now or may in the same, Tenant shall future be under no obligation to pay such lien until such time as the same has been decreed, provided 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 present or future law for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees reasonable attorneys' fees), together with interest thereon at the Maximum Rate of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)Interest, shall be repaid by Tenant to Landlord on within thirty (30) days after demand by Landlord, together with interest thereon at the Overdue Ratetherefor. Tenant shall indemnify indemnify, defend and defend Landlord against and save hold harmless Landlord and the Premises, and any portion thereof, harmless Premises from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s including, without limitation, reasonable attorneys' fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 3 contracts

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

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment Premises by reason of Alteration or materials supplied other work performed by or claimed to have been supplied to the Premises at the request of Tenantfor, or anyone holding the Premisesmaterial furnished to, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall is filed at any time be filed or recorded against the Premises, or any portion thereof, Tenant shall will cause the same to be discharged of record or otherwise posting security or providing title insurance over the lien within fifteen (15) 30 days after it receives notice of the date of filing or recording of the same. HoweverIf Tenant fails to discharge any such lien within such period, then, in the event Tenant desires addition to contest the validity any other right or remedy of any lien it shall (i) on or before fifteen (15) Landlord, after five days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due date thereof (but in no event later than thirty (30) days after or by procuring 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 discharge of such lien involves an amount as to the Premises by deposit 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 court having jurisdiction of such lien, and from time the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to time deposit additional security so that, at all times, adequate security will be available for secure the payment discharge 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 or by the Landlord may be used deposit of a bond or other security with such court sufficient in form, content and amount to procure the 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 lien, or in such other manner as is now or may in the future 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 provided by present or future Laws for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including attorney’s reasonable attorneys’ fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesLandlord), shall will be repaid by Tenant to Landlord on demand by LandlordLandlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, together if Tenant desires to contest any such lien, Tenant may do so provided that, within 30 days after the filing thereof, Tenant notifies Landlord of Tenant’s intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by applicable Law, posting with interest thereon at Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the Overdue Rateevent Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant shall will indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, Premises harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent Claims resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 3 contracts

Samples: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for or materials supplied in connection with such work. Tenant shall indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenantother than work performed by Landlord pursuant to this Lease. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the Project, Tenant shall cause the same such lien to be discharged of record within fifteen ten (1510) days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it shall deliver to Landlord, within such 10-day period, at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest, by cashier’s check or certified funds which shall be held by Landlord as security to insure payment of the lien and to prevent any sale of the Project by foreclosure or otherwise by reason of such lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant fails to pay any charge, cost or expense for which a mechanics’ lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in the Project to liability under any mechanics’ or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before immediately give Landlord written notice of such notice. At least fifteen (15) days prior to the due date thereof commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in no event later than thirty or to the Premises, by or for Tenant, Tenant shall give Landlord (30i) days after written notice of the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and (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 two copies of Tenant’s contest. However, if Landlord pays plans and specifications 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuswork.

Appears in 3 contracts

Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

Mechanic’s Liens. (a) Except for Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens created through and other liens resulting from any Work. Prior to the act commencement of Landlordany Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall not suffer or permit any mechanic’s provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien or other lien to be filed or recorded against the Premisesclaimants for such labor, equipment or services and/or materials supplied or claimed in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to have been supplied to the Premises at the request of TenantLandlord, or anyone holding the Premises, or any portion thereof, through or under Tenantand shall be in such form as Landlord shall approve in its sole discretion. 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 have the same to be discharged of record within fifteen (15) days after the date of filing or recording of the same. However, in the event Tenant desires right to contest the correctness or validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requiresif, 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 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 immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting in accordance with Section 39 captioned "Interest on Unpaid Rent" from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts date of Landlord, unless taken with the consent 's payment of Tenant or as a result said costs. Landlord's payment of a such costs shall not waive any default by of Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusSection.

Appears in 2 contracts

Samples: Lease (Amazon Com Inc), Amazon Com Inc

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien notices of intention, notices of commencement or other similar pre-lien filing documents or any liens to be filed or recorded stand against the PremisesComplex or any part thereof, equipment by reason of any work, labor, services or materials done for, or supplied to, or claimed to have been done for, or supplied to to, Tenant or anyone occupying the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, part thereof through or under Tenant. If any such mechanic’s lien document 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 ten (1510) days after the date receipt of filing or recording Notice of the filing of same, by either payment, deposit or bond. HoweverIf Tenant shall fail to discharge any such document or lien within such period, then, in the event Tenant desires addition to contest the validity any other right or remedy of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, Landlord 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 writingcourt or bonding, that Tenant intends to so contest same; (ii) on or before the due date thereofand/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien involves an by the lienor and to pay the 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 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, 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 expenses necessary disbursements 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 Landlordtherewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting Interest Rate from the assertiondate of payment or deposit, filingshall become due and payable forthwith by Tenant to Landlord, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from or, at the acts option of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt shall be payable by Tenant to discharge same Landlord as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusAdditional Rent.

Appears in 2 contracts

Samples: Agreement of Lease (AxoGen, Inc.), Agreement of Lease (FlexShopper, Inc.)

Mechanic’s Liens. (a) Except for liens created through Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the act Premises or the Property so as to avoid the possibility of Landlorda lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanics', laborer's or materialman's lien upon the Premises, the Property or the Lot. Should any such lien or notice of lien be filed, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 discharge the same to be discharged of record within fifteen (15) days after the date lien or claim is filed or formal notice of filing said lien or recording of the sameclaim has been issued, and shall also indemnify Landlord and hold it harmless from any and all claims, losses, damages, judgments, settlements, costs and expense (including attorneys' fees) resulting therefrom or by reason thereof. However, in the event If Tenant desires to contest the validity of any has not removed such lien it shall (i) on or before claim within such fifteen (15) days prior day period, Landlord may, but shall not be obligated to, pay the amount necessary to the due date thereof (but in no event later than thirty (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 $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 remove such lien, and from time without being responsible for making any investigation as 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 validity or accuracy 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 Landlordso paid, together with all costs, fees costs and expenses (including reasonable attorneys' fees) incurred by Landlord in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)therewith, shall be repaid by deemed additional rent reserved under this Lease due and payable forthwith. Nothing in this Lease is intended to authorize Tenant to Landlord on demand by Landlord, together with interest thereon at do or cause any work or labor to be done or any materials to be supplied for the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts account of Landlord, unless taken with all of the consent of Tenant same to be solely for Tenant's account and at Tenant's risk and expense. Throughout this Lease the term "mechanics' lien" is used to include any lien, encumbrance or as a result of a default by Tenant under this Lease) charge levied or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, imposed upon the Premises or the CampusProperty or any interest therein or income therefrom on account of any mechanics', laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanics' notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice or refusal to pay naming Landlord or Tenant or any injunctive or equitable action brought by any person entitled to any mechanics' lien.

Appears in 2 contracts

Samples: Office Building Lease (Standard Management Corp), Standard Management Corp

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s 's lien or other lien to be filed against the Premises by reason of any work performed by or recorded for, or material furnished to, Tenant (including, without limitation, any work undertaken by Tenant pursuant to SECTION 10.1). If any such lien is filed at any time against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 will cause the same to be discharged of record (including by bonding) within fifteen (15) 10 days after the date of filing or recording of the same. HoweverIf Tenant fails to discharge any such lien within such period, then, in the event Tenant desires addition to contest the validity any other right or remedy of any lien it shall (i) on or before fifteen (15) Landlord, after 10 days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due date thereof (but in no event later than thirty (30) days after or by procuring 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 discharge of such lien involves an amount as to the Premises by deposit 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 court having jurisdiction of such lien, and from time the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to time deposit additional security so that, at all times, adequate security will be available for secure the payment discharge 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 or by the Landlord may be used deposit of a bond or other security with such court sufficient in form, content and amount to procure the 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 lien, or in such other manner as is now or may in the future 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 provided by present or future Laws for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s 's fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesLandlord), shall together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord on demand by LandlordLandlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, together if Tenant desires to contest any such lien, Tenant may do so provided that, within 10 days after Tenant learns of the filing thereof, Tenant notifies Landlord of Tenant's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law or posting with interest thereon at Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the Overdue Rateevent Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant shall will indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, te Premises harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including including, without limitation, reasonable attorney’s fees, to the extent 's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 2 contracts

Samples: Alliance Data Systems Corp, Alliance Data Systems Corp

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or 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 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 other such earlier time period as may be necessary to prevent the forfeiture of the Premises, the 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 filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request released of Tenantrecord, or anyone holding the Premises, (2) diligently contest such lien and deliver to Landlord a bond or any portion thereof, through or under Tenantother security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any such mechanic’s lien or other lien amounts so paid, including expenses and interest, shall at any time be filed or recorded against the Premises, or any portion thereof, paid by Tenant shall cause the same to be discharged of record Landlord within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing Landlord has invoiced Tenant therefor, together with reasonable supporting evidence. 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 recording thereofother similar relationships). Accordingly, notify Landlordall materialmen, in writingcontractors, that artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of 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 with any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or Mortgagee) other Tenant Party for the payment furnishing of the full amount of such lienany labor, and from time services, materials, supplies or equipment with respect 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 any portion of the Premises, or at any part thereoftime from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to satisfy the Tenant to obtain payment for same, Tenant . Nothing herein shall be under no obligation deemed a consent by Landlord to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on any liens being placed upon the Premises. The deposit , the 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 the Landlord may be used to discharge the lien and reimburse Tenant for any surplus deposit retained by Landlord, after the payment portion of the lien shall be repaid to Tenant. Provided that nonpayment cost 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 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 Ratework. Tenant shall defend, indemnify and defend Landlord against and save hold harmless Landlord and the Premises, its agents and any portion thereof, harmless representatives from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys’ fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. This indemnity provision shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 2 contracts

Samples: Lease Agreement (Hipcricket, Inc.), Lease Agreement (Glu Mobile Inc)

Mechanic’s Liens. (a) Except The parties hereto expressly acknowledge and agree that the interest of Landlord in the Premises shall not be subject to liens for liens created through improvements made by Tenant, and Tenant shall so notify all contractors making any such improvements of such provision in this Lease. A notice of this provision shall be recorded by Landlord in the act of LandlordMiami-Dade County, Florida Clerk's office. Tenant shall not suffer or permit any mechanic’s 's lien or other lien to be filed or recorded against the Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or of anyone holding the Premises, or any portion thereof, by, through or under Tenant. If any such mechanic’s 's lien or other lien at the time shall at any time be filed or recorded against the Premises, Premises or any portion thereofthereof and Tenant is the cause of same, Tenant shall cause the same to be discharged of record Tenant, within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, that date 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 first becomes aware of the full amount filing of such the same, shall cause said lien, and from time at Tenant's election, either to time deposit additional security so that, at all times, adequate security will be available for the payment discharged of the full amount of the lien together with all interest, penalties, costs and other charges record or to be bonded over in respect thereofa manner which is reasonably acceptable to Landlord. If Tenant complies with shall fail to discharge such mechanic's lien or liens or other lien or to bond over the foregoingsame within such period, and Tenant continuesthen Landlord may, in good faithbut shall not be obligated to, discharge the same by paying to contest the validity claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale deposit of a cash sum or forfeiture of the Premisesa bond or other security, or any part thereof, to satisfy in such other manner as is now or may in the same, Tenant shall future be under no obligation to pay such lien until such time as the same has been decreed, provided 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 present or future law for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesreasonable attorneys' fees), together with interest thereon at the Maximum Interest Rate, shall be repaid by Tenant to Landlord on within thirty (30) days after demand by Landlord, together with interest thereon at the Overdue Ratetherefor. Tenant shall indemnify indemnify, defend and defend Landlord against and save hold harmless Landlord and the Premises, and any portion thereof, harmless Premises from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s including, without limitation, reasonable attorneys' fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 2 contracts

Samples: World Diagnostics Inc, World Diagnostics Inc

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Subtenant’s Representative shall be deemed authorized and ordered by Subtenant only, Tenant and Subtenant shall not suffer or permit any mechanic’s liens to be filed against the Premises or the Land in connection therewith. Upon completion of any such work, Subtenant shall deliver to Sublandlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Subtenant shall, within ten (10) days after such filing (or other such earlier time period as may be necessary to prevent the forfeiture of the Premises or any interest of Landlord or Sublandlord 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 filed released of record, or recorded (2) diligently contest such lien and deliver to Sublandlord a bond or other security reasonably satisfactory to Sublandlord. If Subtenant fails to timely take either such action, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall defend, indemnify and hold harmless Sublandlord and Sublandlord’s Representatives from and against the Premisesall claims, equipment demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or materials supplied or claimed to have been supplied relating to the Premises failure by any Subtenant’s Representative to pay for any work performed, materials furnished, or obligations incurred by or at the request of Tenant, a Subtenant’s Representative. This indemnity provision shall survive termination or 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 expiration of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 2 contracts

Samples: Sublease (Synacor, Inc.), Sublease (Synacor, Inc.)

Mechanic’s Liens. (a) Except for liens created by or through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 or bonded over within fifteen sixty (1560) calendar days after the date that Tenant receives notice 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 fifteen thirty (1530) calendar days prior to the due date thereof (but in no event later than thirty sixty (3060) calendar 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 $50,000 100,000, bond over or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or MortgageeLandlord) 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 or bonding over 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 If an Event of Default exists, Landlord may apply any deposit then held by the Landlord may be used with respect to any such lien to discharge the lien and such lien. If no Event of Default exists, then any deposit then held by Landlord will be so applied upon Tenant’s written direction. 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 LandlordLandlord (and not amounts deposited with Landlord by Tenant for such event), any amount paid by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) 5% 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 2 contracts

Samples: Lease I Agreement (Amf Bowling Worldwide Inc), Lease Ii Agreement (Amf Bowling Worldwide Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall use commercially reasonable efforts to not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the PremisesProperty (or any portion thereof), equipment nor against Tenant’s Leasehold Estate, by reason of work, labor, services or materials supplied or claimed to have been supplied to or for the Premises at the request benefit of Tenant, any other Tenant Parties or anyone holding any interest in the Premises, Property or any portion thereofpart thereof by, through or under Tenant or any other Tenant Parties. Upon completion of any such work, Tenant shall, if requested by Xxxxxxxx, deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work, if the same are in Tenant’s possession or control as to subcontractors and materialmen. If any such mechanic’s lien or other lien shall is at any time be filed or recorded against the Premises, or any portion thereoffiled, Tenant shall cause the same to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the earlier of Tenant obtaining knowledge of such lien or the filing thereof (or recording thereofsuch earlier time period as may be necessary to prevent the forfeiture of the Property or any portion thereof or the imposition of a civil or criminal fine with respect thereto), notify Landlordcause the same to be discharged by payment, in writingdeposit, that Tenant intends to so contest same; (ii) on bond, order of a court of competent jurisdiction 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 thereofotherwise. If Tenant complies with fails to cause such lien to be discharged within the foregoingperiod aforesaid, and Tenant continuesthen, in good faithaddition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to contest be due or by procuring the validity discharge of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale deposit or forfeiture of the Premisesby bonding proceedings, 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 Landlordamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Delinquency Interest Rate. All work performed, materials furnished, or obligations incurred by or at the request of any Tenant Party shall be deemed authorized and ordered by the applicable Tenant Party only and 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 any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvements, alteration to or repair of the Property or any part thereof, nor as giving any Tenant Party a 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 liens against Landlord’s Fee Estate or any interest in Improvements. To the extent permitted by applicable law, Tenant shall indemnify defend, indemnify, reimburse and defend Landlord against and save Landlord hold Landlord, and the Premises, and any portion thereof, Indemnitees harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, Claims in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. This indemnity provision shall survive the expiration or earlier termination of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 2 contracts

Samples: Recognition Agreement, Recognition Agreement

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer promptly pay and discharge all claims for work or permit any mechanic’s lien labor done or other lien to be filed or recorded against the Premises, equipment goods or materials supplied or claimed to have been supplied to the Premises furnished by third parties, at the request of Tenant, or anyone holding the Premises, Tenant or any portion thereof, through or under TenantSubtenant and shall keep the Premises free and clear of all mechanic's and materialman's liens in connection therewith. If any such mechanic’s 's or materialman's lien is filed for work done on behalf of Tenant or other lien shall at any time be filed or recorded against the PremisesSubtenant at, or any portion thereofmaterials supplied to, the Premises by a third party, Tenant shall cause remove such lien by payment or bond (regardless of whether Tenant contests the same to be discharged claim made by the person asserting such lien and regardless of record within whether such claim is valid or has any basis in fact or law) not later than fifteen (15) days after the date written demand for such removal is made by Landlord. If Tenant shall fail to discharge any such lien within such 15-day period, then in addition to any other right or remedy of filing Landlord, Landlord may, but shall not be obligated to, take such action or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify pay such amount as Landlord, in writingits sole discretion, that Tenant intends shall deem appropriate 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 remove 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 pay to pay such lien until such time Landlord as the same has been decreed, Additional Rent all amounts (including attorneys' fees) paid or incurred 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 expenses in connection therewith within five (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%5) of such costs and expenses), shall be repaid by Tenant to Landlord on days after demand by Landlord, together with interest thereon at the Overdue RateAgreed Rate from the date of payment by Landlord. Notwithstanding the foregoing, Tenant shall indemnify have the right to contest the correctness or the validity of any such lien if, immediately upon demand by Landlord, Tenant procures and defend records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code (S) 3143 or any similar or successor statute and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Except for Landlord's express obligations relating to the improvement, maintenance and repair of the Premises, nothing in this Lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, express or implied, to or for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Premises or any part thereof by any person or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to assert any lien against Landlord's interest in any property. Landlord against shall have the right to post and save keep posted at any and all times on the Premises any notices for the protection of Landlord and the Premises, and any portion thereof, harmless Premises from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than lien. Tenant shall, before the commencement of any liens resulting solely from the acts of Landlordwork, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk delivery of any criminal liability materials, which might result in any such lien, give to Landlord written notice of its (or otherwise adversely affect Landlord, any Subtenant's) intention to perform such work or obtain such materials in sufficient time to enable the Premises or the Campusposting of such notices.

Appears in 2 contracts

Samples: Lease (Pinnacle Entertainment Inc), Hollywood Park Operating Co

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Building so as to minimize the possibility of a lien attaching to the Premises or the Building. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Building. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after the date filing thereof or after Tenant's receipt 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such fifteen (15) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with Interest from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable under this Lease promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause Landlord any work or labor to be in violation of done or any of its contractual undertakings, Landlord agrees not materials to pay such lien during the period of Tenant’s contest. However, if Landlord pays be supplied for the discharge of a lien or any part thereof from funds account of Landlord, any amount paid all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), this Lease shall be repaid by Tenant deemed or construed in any way to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Building or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic's lien.

Appears in 2 contracts

Samples: Sub Lease Agreement (United Bancshares Inc /Pa), Sub Lease Agreement (United Bancshares Inc /Pa)

Mechanic’s Liens. (a) Except for liens created through The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the act of LandlordTenant in or about the Premises, and the Tenant shall not suffer or permit any mechanic’s lien 's, material man's, or other lien to arise or be filed or recorded against the PremisesPremises or the Landlord's interest therein. The Tenant shall save, equipment hold harmless, and defend the Land lord from liability or materials supplied other damage that the Land lord may incur as a result of such liens in the event the same arise or claimed to have been supplied to are filed in contravention of the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenantimmediately preceding sentence. If any such mechanic’s lien or other 's lien shall at any time be filed or recorded against filed, the Premises, or any portion thereof, Tenant shall forthwith cause the same to be discharged of record within fifteen (15) days after by payment, bond, order of a court of competent jurisdiction or otherwise, provided the date of filing or recording Tenant first posts a bond in favor of the sameLandlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. However, in The Tenant shall have the event Tenant desires right to contest in good faith, any and all such liens. If the validity of any Tenant shall fail to cause such lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than be discharged within thirty (30) days after being notified of the filing thereof and before judgment or recording thereof)sale thereunder, notify then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in writing, that Tenant intends to so contest same; (ii) on or before procuring 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 discharge 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 expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)reasonable attorneys' fees, shall be repaid deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand by Landlord, together with interest thereon at the Overdue Ratedemand. Tenant Nothing contained in this Lease shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or be construed as a result consent on the part of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or subject the risk of any criminal liability or otherwise adversely affect Landlord, 's estate in the Premises or any portion of the CampusPremises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesota.

Appears in 2 contracts

Samples: Building Lease Agreement, Minnesota Commercial Lease Agreement

Mechanic’s Liens. (a) Except for liens Tenant shall not permit to be created through or to remain undischarged any lien, encumbrance or charge arising from or out of any work of any contractor, mechanic, laborer or materialman, which shall be or become a lien or encumbrance or charge upon the act of LandlordLeased Premises or the Shopping Center or the income therefrom, and Tenant shall not suffer any other matter or permit any mechanic’s lien thing whereby the estate, right and interest of Landlord in the Leased Premises or other lien to in the Shopping Center might be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenantimpaired. If any such mechanic’s lien or other notice of lien on account of an alleged debt of Tenant shall at any time be filed or recorded against the PremisesLeased Premises or the Shopping Center, or any portion Tenant shall, within ten (10) days after notice of the filing thereof, Tenant shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within fifteen (15) days after the date period provided, then Landlord, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of filing such lien by deposit or recording by bonding proceedings. In any such event, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of the samejudgment in favor of the lienor with interest, costs and allowances. HoweverAny amount paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon, at the event rate set forth in Section 28.7, from the respective dates of Landlord’s making of the payment or incurring of the cost and expense, shall be paid by Tenant desires to contest Landlord on demand. Notwithstanding the validity of any lien it shall foregoing, not less than five (i) on or before fifteen (155) days prior to the due date thereof (but in no event later than thirty (30) days after commencement of any work to be performed by or on behalf of Tenant at 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 Leased Premises, or any part thereof, to satisfy the same, Tenant shall be under no obligation to pay notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of any laws regarding the protection of Landlord’s interest in the Leased Premises and the Shopping Center from mechanic’s liens. During the progression of any such lien until such time as work on the same has been decreedLeased Premises, by court orderLandlord and its representatives shall have the right, upon at least 24 hours verbal notice, to be a valid lien on go upon and inspect the Premises. The deposit held by Leased Premises at all reasonable times, and shall have the right to post and keep posted thereon notices regarding mechanic’s liens or to take any further reasonable action which 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 deem 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 proper for the discharge of a lien or any part thereof from funds protection of Landlord, any amount paid by Landlord, together with all costs, fees and expenses ’s interest 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 indemnify and defend Landlord against and save Landlord Leased Premises 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusShopping Center.

Appears in 2 contracts

Samples: Lease (Carrollton Bancorp), Lease (Carrollton Bancorp)

Mechanic’s Liens. (a) Except for liens Tenant will not permit to be created through the act or to remain undischarged any lien, encumbrance or charge (arising out of Landlordany work done or materials or supplies furnished by any contractor, Tenant shall not suffer subcontractor, mechanic, laborer or permit any mechanic’s materialman hired by Tenant) which becomes a lien or other lien to be filed encumbrance or recorded against charge upon the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, Building or any portion thereofthereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, through rights and interests of Landlord in the Building or under Tenantany portion thereof may be impaired. If any such mechanic’s lien or other notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work on the Premises shall at any time be filed or recorded against the Premises, Building or any portion thereof, Tenant shall within thirty (30) days after demand from Landlord, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within fifteen (15) days after the date 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 by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of filing or recording an action for the foreclosure of such lien by the lienor and to pay the amount of the samejudgment in favor of the lienor with interest, costs and allowances as awarded by a court of competent jurisdiction. HoweverAny amount so paid by Landlord and all costs and expenses, including reasonable attorneys’ fees, payable by Landlord in the event connection therewith, shall constitute Additional Rent payable by Tenant desires under this Lease and shall be paid by Tenant to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than Landlord within thirty (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 of delivery of 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusinvoice therefor.

Appears in 1 contract

Samples: Agreement of Lease (TRAC Intermodal LLC)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s 's lien or other lien to be filed against the Premises by reason of any work performed by or recorded for, or material furnished to, Tenant (including, without limitation, any work undertaken by Tenant pursuant to Section 10.1). If any such lien is filed at any time against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 will cause the same to be discharged of record (including by bonding) within fifteen (15) 10 days after the date of filing or recording of the same. HoweverIf Tenant fails to discharge any such lien within such period, then, in the event Tenant desires addition to contest the validity any other right or remedy of any lien it shall (i) on or before fifteen (15) Landlord, after 10 days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due date thereof (but in no event later than thirty (30) days after or by procuring 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 discharge of such lien involves an amount as to the Premises by deposit 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 court having jurisdiction of such lien, and from time the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to time deposit additional security so that, at all times, adequate security will be available for secure the payment discharge 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 or by the Landlord may be used deposit of a bond or other security with such court sufficient in form, content and amount to procure the 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 lien, or in such other manner as is now or may in the future 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 provided by present or future Laws for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s 's fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesLandlord), shall together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord on demand by LandlordLandlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, together if Tenant desires to contest any such lien, Tenant may do so provided that, within 10 days after Xxxxxx learns of the filing thereof, Tenant notifies Landlord of Tenant's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law or posting with interest thereon at Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the Overdue Rateevent Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant shall Xxxxxx will indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, te Premises harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including including, without limitation, reasonable attorney’s fees, to the extent 's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 1 contract

Samples: Alliance Data Systems Corp

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing thereof or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date after Tenant's receipt of notice thereof, if such lien involves an amount in excess whichever is later, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest and costs. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount Any amounts so paid by Landlord, together with Landlord and all costs, fees costs and expenses including, without limitation, attorneys' fees incurred by Landlord 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 Landlordtherewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting a rate of twelve percent (12%) per annum from the assertionrespective dates of Landlord's making such payment or incurring such cost or expense, filing, foreclosure which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or other legal proceedings with respect cause any work or labor to be done or any such mechanic’s lien or other lien (other than any liens resulting solely from materials to be supplied for the acts account of Landlord, unless taken with all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic's lien.

Appears in 1 contract

Samples: Office Space Lease (Nco Group Inc)

Mechanic’s Liens. Within ten (a10) Except for liens created through the act of Landlorddays after Tenant receives notice thereof, Tenant shall not suffer or permit cause to be discharged any mechanic’s, laborer’s, materialman’s lien or other lien to be filed or recorded stand against the Premises, equipment Leased Premises for any labor or materials supplied material furnished to Tenant or claimed to have been supplied furnished to Tenant in connection with work of any character performed or claimed to have been performed on or about the Leased Premises by or at the request direction or sufferance of Tenant, whether or anyone holding not such work was performed or materials furnished with the Premisesconsent of Landlord. Tenant, or any portion thereofhowever, 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 (15) days after the date of filing or recording of the same. However, in the event Tenant desires to may contest the validity of any such lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, claim provided 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, shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (or such other security (in form as Landlord shall reasonably require) and content shall take all steps which may be reasonably satisfactory required to Landlord prevent any sale, foreclosure or Mortgagee) for the payment forfeiture of the full amount Leased Premises, the Building or the Project by reason of such liennonpayment, and from time to time deposit additional security so that, at all times, adequate security will be available for shall diligently prosecute the payment defense thereof. Upon a final determination of the full amount validity of the any such lien together or 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. If Tenant, in Landlord’s opinion, shall fail or cease to diligently prosecute such action or if Tenant shall fail to pay any judgment or decree rendered (including all interest, penalties, costs, charges and Landlord’s expenses, including court costs and other charges in respect thereof. If Tenant complies with the foregoingattorneys’ fees), and Tenant continuesshall fail to cure such failure within ten (10) days after written notice from Landlord, in good faithLandlord may pay the entire amount of such claim or lien, or such judgment or decree rendered and other amounts set forth above, out of such deposit and shall return the remainder of such amount, if any, 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (TorreyPines Therapeutics, Inc.)

Mechanic’s Liens. If Leasehold Owner and/or Guarantor shall have completed or caused the Substantial Completion of the construction and equipping of the Improvements on or before the Completion Date, free and clear of all liens and defects in construction and materials, materially in accordance with all Plans (a) Except for liens created through as the act same may be modified pursuant to the terms of Landlordthe Loan Documents), Tenant Laws and the Building Loan Agreement, and satisfied the conditions set forth in the Building Loan Agreement and Guarantor shall not suffer or permit have otherwise satisfied any mechanic’s lien and all of its obligations under this Guaranty, then upon the expiration of any time period beyond said completion of the construction and equipping of the Improvements in accordance with the Building Loan Agreement within which mechanics, materialmen or other Persons (collectively, “Mechanics”) are entitled to file liens against the Premises for construction, materials or related work claims shall have expired (such completion and the expiration of such time period, is herein referred to as the “Completion of the Project”), Guarantor shall be released of any further obligations under this Guaranty; provided, however, if Bank shall have received after Completion of the Project, duly executed lien waivers from all Mechanics entitled to be file liens against the Premises evidencing the payment in full for all of their work relating to the Premises, this Guaranty shall terminate upon receipt of such lien waivers. Bank agrees that upon Bank’s receipt of evidence satisfactory to Bank of the Completion of the Project, and, provided, that no undischarged liens which have not been bonded over shall have been filed against the Premises by Mechanics, Bank shall deliver a written confirmation that this Guaranty is limited only to a guaranty against the filing of subsequent liens against the Premises by Mechanics with respect to which such duly executed lien waivers have not been received by Bank. Thereafter, this Guaranty shall continue as a guaranty against claims and liens by Mechanics that have not been waived until Mechanics are no longer legally entitled to file any such claims or recorded liens against the Premises, equipment or materials supplied or claimed whereupon Bank shall deliver to Guarantor Bank’s final written confirmation of termination of this Guaranty in full, provided that no undischarged Mechanics’ liens have been supplied to the Premises at the request of Tenant, or 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 (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Guaranty of Completion (BRT Realty Trust)

Mechanic’s Liens. 7.01 No Liens Permitted. Tenant will not permit to be created, or to remain undischarged, any lien, encumbrance or charge (aarising out of any work done or materials or supplies furnished by a contractor, subcontractor, mechanic, laborer or materialmen or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) Except for liens created through the act of Landlord, Tenant shall not suffer which might be or permit any mechanic’s become a lien or other lien to be filed encumbrance or recorded against charge upon the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, Shopping Center or any portion thereofthereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, through rights and interests of Landlord in the Shopping Center or under Tenantany portion thereof might be impaired. If any such mechanic’s lien or other notice of lien on account of an alleged debt of Tenant or Tenant's contractor to work on the Premises shall at any time be filed or recorded against the Premises, Shopping Center or any portion thereof, Tenant shall shall, within ten (10) days after demand from Landlord, cause the same to be discharged for record by payment, deposit, bond, order of record within fifteen (15) days after the date court of filing competent jurisdiction or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thereofotherwise. If Tenant complies with shall fail to cause such lien or notice of lien to be discharged within the foregoingperiod aforesaid, and Tenant continuesthen, in good faithaddition to any other right or remedy Landlord may, but shall not be obligated to, discharge such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to contest compel the validity prosecution of an action for the foreclosure of such lien by appropriate legal proceedings which shall operate the lienor and to prevent pay the collection thereof and the sale or forfeiture amount 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 judgment in favor of the lien shall be repaid to Tenantlienor with interest, costs and allowances. 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 Any amount paid by Landlord, together with Landlord and all costs, fees and 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 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 's fees, to the extent resulting from the assertionincurred by Landlord in connection therewith, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default shall constitute Additional Rent payable by Tenant under this Lease) or the attempt Lease and shall be paid by Tenant to Landlord's demand. Nothing herein contained shall obligate Tenant to pay or discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect lien created by Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Talk America)

Mechanic’s Liens. (a) Except Tenant will pay or cause to be paid all costs for Repairs, Alterations and any work done by Tenant or caused to be done by Tenant on or in the Leased Premises of a character which will or may result in liens created through on Landlord’s interest therein or the act Landlord’s interest in the Building, the Parking Garage or the Property. Tenant will keep the Leased Premises, Building, the Parking Garage and Property free and clear of Landlordall mechanics’ liens and other liens. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against all liability, loss, damage, costs or expenses, including reasonable attorneys’ fees and interest incurred on account of any claims of any nature whatsoever, including lien claims of laborers, materialmen, or others, for work actually performed for, or for materials or supplies actually furnished to, Tenant shall not suffer or permit persons claiming under Tenant. Should any mechanic’s lien or other lien to liens be filed or recorded against the Leased Premises, equipment Building, Parking Garage or materials supplied Property or claimed to have been supplied to should any action affecting the Premises at the request title thereto be commenced, as a result of Tenant’s actions, or anyone holding the Premises, or any portion thereof, through or under TenantTenant will cause such liens to be removed of record within 30 days after notice from Landlord. If Tenant desires to contest any such claim of lien, Tenant will furnish to Landlord adequate security equal to 150% of the amount of the claim and, if a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant will pay and satisfy the same and thereafter Landlord shall promptly refund Tenant’s security. If Tenant is in default in paying any charge for which a mechanic’s lien or other suit to foreclose the lien shall at any time be filed has been recorded or recorded against the Premisesfiled, or any portion thereof, Tenant shall cause and has not caused the same to be discharged released of record within fifteen (15) days after the date of filing or recording of the same. Howeverhas not given Landlord security as above required, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof Landlord may (but in no event later than thirty (30without being required to do so) 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 $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 or claim and any costs or obtain a bond or title insurance protection against 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 Landlordso paid, together with all costs, reasonable attorneys’ fees and expenses incurred in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)therewith, shall will be repaid by immediately due from Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Commercial Lease (Starz)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of LandlordTenant shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request in connection therewith. Upon completion of Tenant, or 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 thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either: (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record; or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand within ten (10) days after Landlord has invoiced Tenant therefore. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, or Landlord, together with ’s interest thereon at 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 Overdue Ratecost of such work. Tenant shall indemnify indemnify, defend and defend Landlord against and save Landlord and the Premiseshold harmless Landlord, its property manager, if any, and any portion thereoftheir respective officers, harmless directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligationsexpenses, including attorney’s fees, attorneys’ fees in any way arising from or relating to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt failure by Tenant to discharge same as above providedpay for any work performed, materials furnished, or obligations incurred by or at the request of Tenant. No such contest may be prosecuted if it could subject Landlord to any civil liability The foregoing indemnity shall survive termination or the risk expiration of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusthis Lease.

Appears in 1 contract

Samples: Industrial Lease (A123 Systems, Inc.)

Mechanic’s Liens. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or the Project or to 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. Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense (aincluding without limitation, reasonable attorneys’ fees) Except for based on or arising out of asserted claims or liens created through against the act leasehold estate or against the interest of Landlord in the Premises or under this Lease. If a lien is attached to the Project or any part thereof and Tenant fails to remove such lien of record within ten (10) days after receiving written notice of such lien, then, in addition to any other right or remedy of Landlord, Tenant Landlord may, but shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premisesobligated to, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 discharge the same to be discharged of record within fifteen (15) days after the date of filing or recording record. Any amount paid by Landlord for any of the same. Howeveraforesaid purposes including, in the event but not limited to, reasonable attorneys’ fees, shall be paid by Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than Landlord within thirty (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 $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 demand 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 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 RateAdditional Rent. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any within ten (10) days of receiving such mechanic’s notice of lien or other claim have such lien (other than any liens resulting solely from the acts or claim released of Landlordrecord, unless taken by bonding or otherwise. Tenant’s failure to comply with the consent provisions of Tenant or as a result the foregoing sentence shall be deemed an Event of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Default entitling Landlord to any civil liability or exercise all of its remedies therefor without the risk requirement of any criminal liability additional notice or otherwise adversely affect Landlord, the Premises or the Campuscure period.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Scynexis Inc)

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all commercially reasonable steps permitted by law in order to avoid the imposition of any mechanic’s, laborer’s or materialman’s lien upon the Premises or the Property relating to labor, work or materials supplied to Tenant at the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after the date Tenant’s receipt of filing notice thereof. If Tenant shall fail to cause such lien or recording of the same. However, in the event Tenant desires claim to contest the validity of any lien it shall (i) on or before be discharged and removed from record within such fifteen (15) days prior day period, then, without obligation to investigate the due date validity thereof (and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by deposit or bond. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys’ fees incurred by Landlord in no event later than connection therewith, together with Interest from the respective dates of Landlord’s making such payment or incurring such cost or expense, shall constitute Additional Rent payable under this Lease and Tenant shall pay same within thirty (30) days after of receipt of an invoice therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the filing or recording thereof), notify account of Landlord, all of the same to be solely for Tenant’s account and at Tenant’s risk and expense. Further, notwithstanding anything to the contrary contained in writingthis Lease, that nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building or the Property or any part of any thereof, nor as giving Tenant intends any right, power or authority to so contest same; contract or permit the performance of any work or services or the furnishing of any materials within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof or otherwise for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises, the Building or the Property or any interest therein or income therefrom (i) on account of any mechanic’s, laborer’s or materialman’s lien or (ii) on arising out of any debt or before the due date thereofliability to or any claim or demand of any contractor, if such lien involves an amount in excess mechanic, supplier, materialman or laborer and shall include without limitation any mechanic’s notice of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory intention given 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 PremisesTenant, or any part thereof, statutory stop order given to satisfy the same, Landlord or Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be preserve 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 Tenantsubcontractor’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 expenses rights 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or a work stoppage as a result of non-payment from Tenant or any injunctive or equitable action brought by any person entitled to a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusmechanic’s lien.

Appears in 1 contract

Samples: Office Space Lease (Worldgate Communications Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s lien 's, laborer's or other materialman's lien to be filed or recorded against the Land, Building, or Premises, equipment or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If tenant; and if any such mechanic’s lien or other lien shall at any time be filed or recorded against filed, Tenant, within ten (10) days after notice of the Premises, or any portion filing thereof, Tenant shall cause the same 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 fail to cause such lien to be discharged within fifteen (15) days after the date period aforesaid, then in addition to any other right or remedy, Owner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of filing such lien by deposit or recording of the sameby bonding or other proceedings. HoweverNOTWITHSTANDING THE FOREGOING, in the event Owner hereby authorizes Tenant desires to contest the validity of any such lien it or claim, provided that in such circumstances the Tenant shall (i) on or before fifteen (15) days prior to at its expense defend itself and Owner against the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, same and shall pay and satisfy any such adverse judgment that Tenant intends to so contest same; (ii) on or may be rendered thereon before the due date thereofenforcement thereof against the Owner, if such lien involves the Premises or the building, provided further that Owner may at any time require the Tenant to post a bond with an entity satisfactory to Owner in an amount in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security one and one-half (in form and content reasonably satisfactory to Landlord or Mortgagee1.5) for times 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 or to deposit with all interest, penalties, costs the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and other charges in respect thereofdischarge of the lien. If Tenant complies shall not immediately make such payment upon the request of Owner, Owner may make said payment in the amount so paid together with interest thereon from the foregoingdate of payment and all legal costs and charges, and Tenant continues, including attorney fees incurred by Owner 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 connection with said payment shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to deemed Additional Rent and shall be a valid lien payable on the Premisesnext date on which a base rental installment is due. 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 Any amount so paid by LandlordOwner, together with plus all costs, fees of Owner's costs and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)associated therewith, shall be repaid paid by Tenant to Landlord Owner on demand by Landlorddemand, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting Reimbursement Interest Rate from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusdue date until paid.

Appears in 1 contract

Samples: Lease Agreement (Gametech International Inc)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of LandlordTenant shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment the Building or materials supplied the Property 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 Tenant obtains knowledge thereof (or claimed such earlier time period as may be necessary to have been supplied prevent the forfeiture of the Premises, the Property or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (i) pay the amount of the lien and cause the lien to be released of record, or (ii) 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 reasonable expenses and interest, shall be paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefore together with interest at the Default Rate. Tenant shall defend, indemnify and hold harmless the Landlord Indemnified Parties from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the Premises failure by Tenant to pay for any work performed, materials furnished, or obligations incurred by or at the request of Tenant. This indemnity provision shall survive termination or expiration of this Lease. 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 anyone holding hereafter contracting with Tenant, any contractor or subcontractor of Tenant for the Premisesfurnishing of any labor, services, materials, supplies or equipment with respect to 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 (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 at any part thereoftime from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to satisfy the Tenant to obtain payment for same, Tenant . Nothing herein shall be under no obligation to pay such lien until such time as the same has been decreed, deemed a consent 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 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 indemnify and defend Landlord against and save Landlord and liens being placed upon the Premises, and the Building or the Property 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 thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to of the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any cost of such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuswork.

Appears in 1 contract

Samples: Lease (Everspin Technologies Inc)

Mechanic’s Liens. (a) Except for liens created through If Tenant makes any alterations or improvements in the act of LandlordDemised Premises, Tenant must pay for same when made. Nothing in the Lease shall not suffer be construed to authorize Tenant or permit any mechanic’s lien person dealing with or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of under Tenant, or anyone holding to charge the rents of the Demised Premises, or any portion thereofthe property of which the Demised Premises forms a part, through or under Tenant. If any such mechanic’s lien the interest of Landlord in the estate of the Demised Premises or other lien shall at any time be filed or recorded against the PremisesBuilding, or any portion thereofperson under or through whom Landlord has acquired its interest in the estate of the Demised 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 the making of any such alterations or improvements to the Demised Premises, but, to the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Demised Premises or said land is denied. Landlord shall have the right, but not the obligation, to notify any person or entity supplying labor or materials for Tenant to the Demised Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Demised Premises is not subject to impression of a lien with respect thereto. If Tenant does authorized construction and a mechanic's or materialmen's lien is filed, the Tenant's only obligation shall be to remove the lien or post a bond in accordance with North Carolina statutes. In the event of the filing of a notice of any mechanic's or materialmen's lien, Tenant shall cause will promptly pay same and take steps immediately to have the same to be discharged of record removed. If the same is not removed or bonded off within fifteen twenty (1520) days after from 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify written notice from Landlord, in writing, that Tenant intends to so contest same; (ii) on Landlord shall have the right at Landlord's option of paying the same 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 portion thereof and the sale or forfeiture of the Premisesamounts so paid, 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, including attorneys' fees and expenses in connection associated therewith (including attorney’s fees and interest at the Default Rate on any sums and expenses paid or advanced from the date of Landlord plus an administration fee equal to three percent (3%) expenditure until the date of such costs and expenses)reimbursement by Tenant, shall be repaid by deemed to be additional rent due from Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rateand shall be paid to Landlord immediately upon rendition to Tenant of a xxxx for same. Tenant shall indemnify and defend save harmless Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all losses, costsclaims, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure costs or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default expenses suffered by Tenant under this Lease) or the attempt Landlord by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk reason of any criminal liability repairs, installations or otherwise adversely affect Landlordimprovements, the Premises or the Campusmade by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Tangram Enterprise Solutions Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s liens to be filed against the Premises in connection therewith. Upon completion of any such work, whose cost exceeds $50,000 Tenant shall, upon the written request of Landlord, use commercially reasonable efforts to obtain and deliver to Landlord final lien or other waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, promptly after discovery of the existence of such lien, either (1) pay the amount of the lien and cause the lien to be filed released of record, or recorded against (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 and such failure continues ten (10) days following written notice from Landlord to Tenant of such failure, Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, 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 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, equipment 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 or materials supplied Landlord’s interest therein due to any work performed by or claimed for Tenant or deemed to have been supplied 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 defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, actual out of pocket damages (excluding consequential and punitive damages) and expenses (including attorneys’ fees) in any way arising from or relating to the Premises failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of Tenant, a Tenant Party. This indemnity provision shall survive termination or 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 expiration of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Efj Inc)

Mechanic’s Liens. (a) Except Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman or pursuant to any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for liens created through the act of Landlord, Tenant shall not suffer Tenant) which might be or permit any mechanic’s become a lien or other lien to be filed encumbrance or recorded against charge upon the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, Building or any portion thereofthereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, through rights and interests of Landlord in the Building or under Tenantany portion thereof might be impaired. If any such mechanic’s lien or other notice of lien on account of any alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant's contractor to work on the Premises shall at any time be filed or recorded against the Premises, Building or any portion thereof, Tenant shall within thirty (30) days after demand from Landlord, cause the same to be discharged of record within fifteen (15) days after the date by payment, deposit, bond, order of filing a court of competent jurisdiction or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thereofotherwise. If Tenant complies with shall fail to cause such lien or notice of lien to be discharged within the foregoingperiod aforesaid, then, in addition to any other right or remedy, landlord may, but shall not be obligated to, discharge such lien by deposit or by bonding proceedings, and Tenant continuesin any such event Landlord shall be entitled, in good faithif Landlord so elects, to contest compel the validity prosecution of an action for the foreclosure of such lien by appropriate legal proceedings which shall operate the lienor and to prevent pay the collection thereof and the sale or forfeiture amount 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 judgment in favor of the lien shall be repaid to Tenantlienor with interest, costs and allowances. 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 Any amount so paid by Landlord, together with Landlord and all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), including attorney's fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default Rent payable by Tenant under this Lease) or the attempt Lease and shall be paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect lien created by Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Barnesandnoble Com Inc)

Mechanic’s Liens. (a) Except for liens created through the act of LandlordAll work performed, Tenant shall not suffer materials furnish- ed, or permit any mechanic’s lien obligations incurred by or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenanta Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic's or anyone holding construction liens to be filed against the Premises, Premises or any portion thereof, through or under Tenantthe Project in connection therewith. If Upon completion of any such mechanic’s lien or other lien shall at any time be filed or recorded against the Premises, or any portion thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) ten days after the date of filing or recording Landlord has delivered notice of the same. However, in the event filing thereof to Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, the Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record, or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand within ten 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) and that Tenant is not authorized to act as Landlord's common law agent or construction agent in connection with any work performed in the Premises. 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, the Project or Landlord, together with 's interest thereon at 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 Overdue Ratecost of such work. Tenant shall defend, indemnify and defend Landlord against and save hold harmless Landlord and the Premises, its agents and any portion thereof, harmless representatives from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys' fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. This indemnity provision shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Mechanic’s Liens. (a) Except for liens created through the act of LandlordAll work performed, Tenant shall not suffer materials furnished, or permit any mechanic’s lien obligations incurred by or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenanta 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 or anyone holding the Premises, or any portion thereof, through or under TenantPremises in connection therewith. If Upon completion of any such mechanic’s lien or other lien shall at any time be filed or recorded against the Premises, or any portion thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) thirty days after the date of filing or recording Landlord has delivered notice of the same. However, in the event filing thereof to Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, the Premises or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record, or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand within ten 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, the Premises or Landlord, together with 's interest thereon at 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 Overdue Ratecost of such work. Tenant shall defend, indemnify and defend Landlord against and save hold harmless Landlord and the Premises, its agents and any portion thereof, harmless representatives from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys' fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. This indemnity provision shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Luvu Brands, Inc.)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien 's ---------------- liens to be filed or recorded against the PremisesPremises or the Building for any work performed, equipment materials furnished, or materials supplied obligation incurred by or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s a lien or other lien shall at any time be filed or recorded against the Premisesis filed, or any portion thereofthen `Tenant shall, Tenant shall cause the same to be discharged of record within fifteen ten (1510) days after the date of filing or recording Landlord has delivered notice of the same. Howeverfiling to Tenant, in either pay the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 or diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant elects to contest such lien and if a statutory proceeding exists for the release of the lien by the posing of a bond, Tenant shall immediately proceed to obtain a release of said lien in accordance with much statute. If permitted by Tenant and regardless of who shall have brought such Hazardous Materials thereon. If Tenant permits any Hazardous Material to be brought upon, kept or used in or about the Premises or Building or Appurtenant Facilities or the Land, then Tenant shall take all intereststeps reasonably necessary to safeguard against their discharge and Tenant shall indemnify, (defend and hold Landlord harmless from any and all claims, judgments, damages, 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 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 indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all lossesfines, costs, damagesliabilities or losses, expensesincluding but not limited to, liabilitiesdiminution in value of the Premises or Building or Appurtenant Facilities or the Land, suitsdamages for loss or restriction on use of rentable or usable space or of any amenity in the Premises or Building or Appurtenant Facilities or the Land, penaltiesdamages arising from any adverse impact on marketing of the Premises or Building or Appurtenant Facilities or the Land, and sums paid in settlement of claims, demands and obligations, including attorney’s attorneys' fees, to consulting fees and expert fees, which arise during or after the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or Term as a result of a default such contamination. This indemnification of Landlord by Tenant under this Lease) includes but is not limited to costs incurred in connection with any investigation of sight conditions or the attempt clean-up, remedial removal or restoration work required by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability federal, state or the risk local government agency or political subdivision because of any criminal liability or otherwise adversely affect Landlord, Hazardous Material present in the Premises or Building or Appurtenant Facilities or the CampusLand or the soil or ground water on which the Building is located. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or Building or Appurtenant Facilities or the Land caused or permitted by Tenant results in any contamination of the Premises or Building or Appurtenant Facilities or the Land, Tenant shall, upon request by Landlord, promptly take all actions at its sole expense that are necessary to return the Premises or Building or Appurtenant Facilities or the Land to the condition existing prior to the introduction or exposure of any Hazardous Material in the Premises or Building or Appurtenant Facilities or the Land. The indemnity provision set forth in this Section 9b. shall survive termination or expiration of this Lease. To the best knowledge of Landlord, (a) no Hazardous Material is present in the Premises or in the Building or the soil, surface water or groundwater thereof, (b) no underground storage tanks are present at the Building, and (c) no action, proceeding or claim is pending or threatened regarding the Building concerning any Hazardous Material or pursuant to any environmental Law.

Appears in 1 contract

Samples: Office Building Lease Agreement (Lifeminders Com Inc)

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s, laborer’s or materialman’s lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen twenty-five (1525) days after the date of filing or recording Tenant obtains knowledge of the same. However, in the event Tenant desires to contest the validity filing thereof or after Tenant’s receipt of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such twenty-five (25) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest and costs. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount Any amounts so paid by Landlord, together with Landlord and all costs, fees costs and expenses including, without limitation, attorneys’ fees incurred by Landlord 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 Landlordtherewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting a rate of ten percent (10%) per annum from the assertionrespective dates of Landlord’s making such payment or incurring such cost or expense, filingwhich shall constitute Additional Rent payable hereunder promptly upon demand therefor. Except as otherwise expressly set forth herein, foreclosure nothing in this Lease is intended to authorize Tenant to do or other legal proceedings with respect cause any work or labor to be done or any such mechanic’s lien or other lien (other than any liens resulting solely from materials to be supplied for the acts account of Landlord, unless taken with all of the same to be solely for Tenant’s account and at Tenant’s risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any mechanic’s, laborer’s or materialman’s lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic’s notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic’s lien.

Appears in 1 contract

Samples: Office Lease (Icon PLC /Adr/)

Mechanic’s Liens. (a) Except for liens created through Tenant agrees to pay all sums of money in respect of any labor, services, materials, supplies, or equipment furnished to Tenant in or about the act leased premises, and not furnished on order of Landlord, Tenant shall not suffer or permit which may be secured by any mechanic’s lien 's, materialmen's or other lien against the leased premises or Landlord's interest therein and will cause each such lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises discharged at the request time performance of any obligation secured thereby matures. Landlord shall have the right to post and maintain on the leased premises, notice of non-responsibility under the laws of Minnesota notifying all contractors that Landlord has no responsibility for payment for improvement work contracted for by Tenant and stating that Landlord's premises cannot be liened because of Tenant, or anyone holding 's nonpayment for such improvement work. Tenant shall have the Premises, or any portion thereof, through or under Tenant. If reasonable right to protest any such mechanic’s lien 's, materialmen's or other such lien through appropriate legal proceedings provided Tenant shall at any time be filed provide Landlord a bond or recorded against the Premisesother security reasonably satisfactory to Landlord, or any portion thereof, Tenant shall cause the same to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content other evidence 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 evidencing Tenant's ability to pay such lien until even if so contested. Prior to commencing any improvement work to the leased premises, for all costs in excess of the amounts set forth under Article 9(a) or Article 9(b) Tenant shall provide security reasonably acceptable to Landlord in the form of a letter of credit, construction escrow, or other security reasonably acceptable to Landlord to secure Tenant's lien-free completion of such time improvement work. Notwithstanding the previous sentence, as security to Landlord for the same lien-free completion of Tenant's initial construction work, Tenant shall provide to Landlord an irrevocable Letter of Credit from J.P. Morgan Chase or another lender reasonably acceptable to Landlorx xx xxx xxount of the aggregate construction budget for Tenant's initial improvement work (the "Letter of Credit"). Such Letter of Credit shall be in a form reasonably satisfactory to Landlord and shall be delivered to Landlord at least ten (10) days before Tenant commences any of Tenant's initial improvement work at the leased premises. Landlord will be entitled to draw on the Letter of Credit to remove any mechanics lien against its property resulting from Tenant's improvement work which remains uncured by Tenant beyond applicable notice and cure periods provided in this Lease, and subject to Tenant's right to protest such mechanics lien as provided in this Section 11. Upon completion of the initial construction in accordance with the plans and specifications therefor and evidence reasonably satisfactory to Landlord that all such work has been decreed, paid for by court order, to be a valid Tenant and 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 undertakingswaivers obtained, Landlord agrees not to pay such lien during shall release the period Letter 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 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 RateCredit. Tenant shall indemnify and defend also provide to Landlord against and save Landlord and the Premisesa copy of its general contract with McGough Construction (redacted by McGough, if necessary, to protect xxxxxxxntial information), and any portion thereofa rxxxxxxxly detailed construction budget for the project. Landlord agrees to keep McGough's construction contract confidential, harmless from but may share same witx Xxxxxxxd's accountants and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, attorneys provided they also agree to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any keep such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuscontract confidential.

Appears in 1 contract

Samples: Lease (Atmi Inc)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for or materials supplied in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding other than work performed by Landlord pursuant to the Premises, or any portion thereof, through or under TenantWorkletter. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the Project, Tenant shall will cause the same such lien to be discharged of record within fifteen (15) 10 days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it will furnish Landlord, within such l0-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment 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 any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred In connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 15 days prior to the due date thereof commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in no event later than thirty (30) days after or to the filing Premises, by or recording thereof)for Tenant, notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before will give Landlord written notice of the due date thereof, if such lien involves an amount in excess proposed work and the names and addresses of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form the persons supplying labor and content reasonably satisfactory to Landlord or Mortgagee) materials for the payment proposed work. Landlord will have the right to post notices of nonresponsibility or similar written notices on the full amount Premises in order to protect the Premises against any such liens. At the end of such lien___ Lease, Tenant will promptly quit and from time surrender the Premises broom-clean, In good order and repair, ordinary wear and tear excepted and deliver all keys to time deposit additional security so that, at all times, adequate security will be available for the payment of Premises and the full amount of the lien together with all interest, penalties, costs and other charges in respect thereofBuilding to Landlord. If Tenant complies is not then in default, Tenant may remove from the Premises any trade fixtures, equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant will remove such alterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has requested in accordance with Article 14. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions, and improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions, and improvements on the Premises after the end of the Term will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant or any other person and without obligation to account for them. Tenant will pay Landlord for all expenses incurred in connection with the foregoingremoval of such property, including but not limited to the cost of storage, and Tenant continues, in good faith, the cost of repairing any damage to contest the validity Building or Premises caused by the removal 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 property. Tenant's obligation to pay such lien until such time as observe and perform this covenant will survive 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 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 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 the extent resulting from the assertion, filing, foreclosure expiration or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts termination of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Lease (Accredited Home Lenders Holding Co)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment Premises or materials supplied or claimed to have been supplied to the Premises at the request Project in connection therewith. Upon completion of Tenant, or 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 thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) ten days after the date of filing or recording Landlord has delivered notice of the same. However, in the event filing thereof to Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, the Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record, or (2) diligently contest such lien does 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 but not cause Landlord limited 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 expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand within ten 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, the Project or Texas Industrial Lease — American Locker Group, Inc. 7 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx Landlord, together with ’s interest thereon at 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 Overdue Ratecost of such work. Tenant shall defend, indemnify and defend Landlord against and save hold harmless Landlord and the Premises, its agents and any portion thereof, harmless representatives from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s but not limited to attorneys’ fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. This indemnity provision shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (American Locker Group Inc)

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30I 5) days after the filing thereof or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date after Tenant's receipt of notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such fifteen (I 5) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest and costs. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount Any amounts so paid by Landlord, together with Landlord and all costs, fees costs and expenses including, without limitation, attorneys' fees incurred by Landlord 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 Landlordtherewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting a rate of nine percent (9%) per annum from the assertionrespective dates of Landlord's making such payment or incurring such cost or expense, filing, foreclosure which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or other legal proceedings with respect cause any work or labor to be done or any such mechanic’s lien or other lien (other than any liens resulting solely from materials to be supplied for the acts account of Landlord, unless taken with all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic's lien.

Appears in 1 contract

Samples: Lease (Orapharma Inc)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for or materials supplied or claimed to have been supplied to in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises at and the request Project free, clear and harmless of Tenantand from all mechanics' liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or anyone holding the Premises, or any portion thereof, through or under on behalf of Tenant. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, or any portion thereofpart of the Project, Tenant shall will cause the same such lien to be discharged of record within fifteen (15) 10 days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. If a final judgment 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 any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project or any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 15 days prior to the due date thereof commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in no event later than thirty (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 $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, by or any part thereof, to satisfy the samefor Tenant, Tenant shall be under no obligation will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to pay such lien until such time as the same has been decreed, by court order, to be a valid lien post notices of non-responsibility or similar written notices on the PremisesPremises in order to protect the Premises against any such liens. The deposit held by the Upon request, Tenant will furnish 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 evidence of any settlement, satisfaction, or payment made 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 any lien or any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal claim pursuant 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusArticle 15.

Appears in 1 contract

Samples: Office Lease (P F Changs China Bistro Inc)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment Premises or materials supplied or claimed to have been supplied to the Premises at the request Project in connection therewith. Upon completion of Tenant, or 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 thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record, or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including reasonable and necessary expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand by Landlord, within ten days after Landlord has invoiced Tenant therefore together with interest thereon at the Overdue Raterate of 8% per annum. Tenant shall defend, indemnify and defend Landlord against and save hold harmless Landlord and the Premises, its agents and any portion thereof, harmless representatives from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claimsdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, demands and obligationsmaterials furnished, including attorneyor obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease. Landlord agrees that Tenant’s fees, foregoing obligations shall not apply to the extent resulting the lien arises from a failure of Landlord to pay the assertionrelevant installment of the Construction Allowance if properly payable to Tenant, filing, foreclosure but such exception shall apply only so long as such installment is not paid to Tenant after being due Tenant. 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 legal proceedings 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 such mechanic’s lien or other lien (other than portion of the Premises, at any liens resulting solely time from the acts date hereof until the end of Landlordthe Term, unless taken are hereby charged with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by notice that they look exclusively to Tenant to discharge same as above providedobtain payment for same. No such contest may Nothing herein shall be prosecuted if it could subject deemed a consent by Landlord to any civil liability 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 risk cost of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campussuch work.

Appears in 1 contract

Samples: Lease Agreement (Omega Protein Corp)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer have no authority or permit power, express or implied, to create or cause to be created any mechanic’s, materialmen’s lien or other lien to lien, charge or encumbrance of any kind against any Leased Premises or the Property. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be filed or recorded against the Premises, equipment Leased Premises or materials supplied or claimed to have been supplied to the Premises at the request Property by reason of Tenant, ’s acts or anyone holding the Premises, omissions or any portion thereof, through or under because of a claim against 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 cancelled or discharged of record by bond or otherwise within fifteen sixty (1560) days after the date of filing notice to Tenant by Landlord, or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than within thirty (30) days after notice to Tenant by Landlord if at the filing time of such notice Landlord anticipates a sale 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 refinancing of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security Property will be available for the payment of the full amount of the lien together with all interest, penalties, costs closed within sixty (60) days after said notice (and other charges if Landlord includes that fact in respect thereofLandlord’s notice to Tenant). If Tenant complies with shall fail to cancel or discharge said lien or liens within the foregoingtime provided pursuant to this Section 5.4, and Tenant continuesLandlord may, in good faithat its sole option, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale cancel or forfeiture of the Premises, or any part thereof, to satisfy discharge the same, and upon Landlord’s demand, Tenant shall be under no obligation promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens. Except to pay the extent that such lien until such time as the same has been decreedcosts, by court orderlosses, 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 or liabilities are caused by Landlord’s actions, 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 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 indemnify and defend hold Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect causes of action arising out of or relating to any such mechanic’s lien alterations, additions or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt improvements made by Tenant to discharge same as above providedthe Leased Premises, including any mechanic’s or materialman’s liens asserted in connection therewith. No such contest may be prosecuted if it could subject Landlord to any civil liability or and Tenant expressly agree and acknowledge that no interest of Landlord in the risk of any criminal liability or otherwise adversely affect Landlord, the Leased Premises or the CampusProperty shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and that Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease. Landlord may file in the public records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and materialmen performing work in or for or supplying materials to the Leased Premises of the existence of the prohibition contained in this paragraph.

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

Mechanic’s Liens. (a) Except No work performed by Tenant pursuant to this Lease, whether in the nature of construction, alteration or repair, shall be deemed to be for liens created through the act immediate use and benefit of Landlord, so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the premises. Tenant shall not suffer place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s or permit material man’s liens will be asserted against Landlord’s interest in the premises or the property of which the premises are a part. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or it contractors or about the premises. If any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien liens shall at any time be filed or recorded against the Premisespremises or the property of which the premises are a part 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, and regardless of whether any portion thereofsuch lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior bonded to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify satisfaction of 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, shall fail to contest the validity of cause such lien by appropriate legal proceedings which shall operate forthwith to prevent the collection thereof and the sale be so discharged or forfeiture bonded after being notified of the Premises, or any part filing thereof, then in addition 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 other right or any part thereof from funds remedy of Landlord, any Landlord may bond over or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, together with all costs, including reasonable attorneys’ fees and expenses incurred by Landlord either in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) defending against such lien or in procuring the bonding or discharge of such costs and expenses), shall be repaid by Tenant to Landlord on demand by Landlordlien, together with interest thereon at the Overdue Rate. Tenant highest legal rate allowed by law, shall indemnify be due 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt payable by Tenant to discharge same Landlord as above providedadditional rental. No such contest may be prosecuted if it could subject Landlord and Tenant agree that Tenant will not have authority to create or suffer any civil liability lien for labor or materials on Landlord’s interest in the risk premises or in the Landlord’s building or buildings, and all contractors, subcontractors, material men, mechanics, laborers and others contracting with Tenant and/or any subtenant of Tenant and/or any other occupants of the premises, for the construction, installation, alteration or repair of any criminal liability or otherwise adversely affect Landlord, improvements to the Premises or premises are hereby charged with notice that they must look only to the CampusTenant and to the Tenant’s interest in the premises to secure the payment of any charges and/or materials furnished at the premises.

Appears in 1 contract

Samples: Business Lease Agreement (Enviro Technologies, Inc.)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s 's lien or other lien to be filed against the Premises by reason of any work performed by or recorded for, or material furnished to, Tenant (including, without limitation, any work undertaken by Tenant pursuant to Section 10.1). If any such lien is filed at any time against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 will cause the same to be discharged of record within fifteen (15) 10 days after the date of filing or recording of the same. HoweverIf Tenant fails to discharge any such lien within such period, then, in the event Tenant desires addition to contest the validity any other right or remedy of any lien it shall (i) on or before fifteen (15) Landlord, after 10 days prior written notice to Tenant, Landlord may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due date thereof (but in no event later than thirty (30) days after or by procuring 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 discharge of such lien involves an amount as to the Premises by deposit 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 court having jurisdiction of such lien, and from time the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to time deposit additional security so that, at all times, adequate security will be available for secure the payment discharge 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 or by the Landlord may be used deposit of a bond or other security with such court sufficient in form, content and amount to procure the 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 lien, or in such other manner as is now or may in the future 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 provided by present or future Laws for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s 's fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesLandlord), shall together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord on demand by LandlordLandlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, together if Tenant desires to contest any such lien, Tenant may do so provided that, within 10 days after Tenant learns of the filing thereof, Tenant notifies Landlord of Tenant's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law, posting with interest thereon at Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the Overdue Rateevent Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant shall will indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, Premises harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including including, without limitation, reasonable attorney’s fees, to the extent 's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 1 contract

Samples: Lease (Alliance Data Systems Corp)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, Tenant shall not suffer done by tenant or permit any mechanic’s lien or other lien caused to be filed done by tenant, in or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at premises, and (b) for all materials furnished for or in connection with such work. Tenant will indemnify and hold landlord, the request premises, and the project free, clear, and harmless for all mechanics' liens and claims of Tenantliens, and all other liabilities, liens, claims, and demands on account of such work by or anyone holding on behalf of tenant, other than work performed by landlord pursuant to the Premises, or any portion thereof, through or under Tenantworkletter. If any such mechanic’s lien or other lien shall at any time be is filed or recorded against the Premises, premises or any portion thereofpart of the project, Tenant shall tenant will cause the same such lien to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) 10 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 $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 except that if tenant desires to time deposit additional contest such lien, it will furnish landlord, within such 10-day period, security so that, reasonably satisfactory to landlord of at all times, adequate security will be available for the payment least 150% of the full amount of the lien together with all claim, plus estimated costs and interest, penalties, costs and other charges in respect thereofor comply with such statutory procedures as may be available to release the lien. If Tenant complies with the foregoing, and Tenant continues, in good faith, to contest a final judgment establishing 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 existence of a lien or any part thereof from funds of Landlord, for any amount paid by Landlordis entered, tenant will pay and satisfy the same at one. If tenant fails to pay any charge for which a lien has been filed, and has not given landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with all costs, reasonable attorneys' fees and expenses incurred in connection therewith (including attorney’s fees with such lien, will be immediately due from tenant to landlord as additional rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord plus an administration fee equal landlord to three percent (3%) of such costs and expenses), shall be repaid by Tenant subject landlord's interest in the project to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and liability under any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien mechanics' or other lien (other than any liens resulting solely from law. If tenant receives written notice that a lien has been or is about to be filed against the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) premises or the attempt project, or that any action affecting title to the project has been commenced on account of work done by Tenant or for or material furnished to discharge same as above provided. No or for tenant, it will immediately give landlord written notices on the premises in order to protect the premises against any such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusliens.

Appears in 1 contract

Samples: Lease Agreement (Pc Tel Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer pay or permit cause to be paid when due all costs for work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord's interest in the Premises or the Project. Tenant will keep the same free and clear of all mechanics' liens and other liens on account of work done for or on behalf ' of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including attorneys' fees, incurred in connection with any mechanic’s claims of any nature whatsoever for work performed for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or other lien to others. Should any such liens be filed or recorded against the Premises, equipment Premises or the Project with respect to work done for or materials supplied to or claimed to have been supplied to on behalf of Tenant or should any action affecting the Premises at the request of Tenant, or 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 title thereto be filed or recorded against the Premises, or any portion thereofcommenced, Tenant shall cause the same such liens to be discharged released of record within fifteen twenty (1520) days after the date of filing or recording of the same. However, in the event notice thereof If Tenant desires to contest the validity any such claim of any lien it line, Tenant shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 nonetheless cause such lien involves an amount in excess to be released of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or Mortgagee) for record by the payment posting of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security will with a court of competent jurisdiction as may be available for the payment of the full amount of the provided by California's mechanics' lien together with all interest, penalties, costs and other charges in respect thereofstatutes. 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 delinquent in paying any charge for which such a mechanics' lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may at its discretion 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 or claim and any surplus deposit retained by Landlordcosts associated therewith, after and 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 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 Landlordso paid, together with interest thereon at the Overdue Rate. Tenant Interest Rate and reasonable attorneys' fees incurred in connection therewith, shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless be immediately due from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same Landlord as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusAdditional Rent.

Appears in 1 contract

Samples: Commercial Lease (Finisar Corp)

Mechanic’s Liens. (a) Except Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or the Project or to 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 3094 in connection with any work performed by Tenant. 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 on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens created through against the act leasehold estate or against the interest of Landlord, Landlord in the Premises or under this Lease. Tenant shall not suffer or permit give Landlord immediate written notice of the placing of any mechanic’s lien or other lien to be filed or recorded encumbrance against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any and cause 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 encumbrance to be discharged of record within fifteen thirty (1530) days after of the date of filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the samelien or encumbrance and Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30) day period. HoweverIf Tenant fails, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than within thirty (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 $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 filing of the lien, to discharge such lien, Landlord may, but shall not be required or expected to, remove such lien in such manner as Landlord may, in its sole discretion, determine, 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 cost 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 Landlord’s fees and costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)attorneys’ fees, shall be repaid due and payable by Tenant to Landlord on demand by immediately upon Tenant’s receipt of Landlord, together with interest thereon at the Overdue Rate’s invoice therefor. Tenant acknowledges that Landlord may post notice on the Premises of non-responsibility for such liens and, in such event, Tenant shall indemnify so advise all contractors, materialmen, suppliers 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, other persons performing work or providing services and/or supplies to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts Premises on behalf of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusTenant.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Sears Hometown & Outlet Stores, Inc.)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for: (ai) Except work done by Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnished for liens created through the act of or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment and the Project free, clear and harmless from and against, ail mechanics’ and materialmen’s stop notices, liens and claims of liens (collectively, “Liens”), and all other liabilities, liens, claims, and demands on account of such work by or materials supplied or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall Lien, at any time be time, is filed or recorded against the Premises, or any portion thereofpart of the Project, Tenant shall will cause the same such Lien to be discharged of record within fifteen (15) 30 days after the date of filing or recording Tenant receives notice of the same. Howeverfiling of such Lien, either by resolving the matter and causing a release to be recorded in the event Official Records of the County in which the Project is located, or by recording a mechanic’s lien release bond in accordance with the provisions of Civil Code Section 8424. If Tenant desires fails to contest timely cause the Lien to be removed as described above, Landlord may, at its option, pay to the claimant all amounts necessary to discharge the Lien, regardless of the validity or enforceability of the claim, together with any related costs and interest, and the amount so paid, together with attorneys’ fees incurred in connection with such Lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in all or any portion of the Project to liability under any Lien or to any other lien law. If Tenant receives notice that a Lien has been or is about to be filed against the Premises or any part of the Project, or that any action affecting title to the Project has been commenced to enforce a Lien or otherwise on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 15 days prior to the due date thereof commencement of any work (including, but not limited to, any maintenance, repairs or Alterations) in no event later than thirty (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 $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, by or for Tenant or any part thereof, to satisfy the sameparty claiming through Tenant, 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 will give Landlord may be used to discharge the lien and any surplus deposit retained by Landlord, after the payment written notice of the lien shall be repaid proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to Tenant. Provided that nonpayment post notices 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. Howevernon-responsibility or similar notices, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlordapplicable, any amount paid by Landlord, together with all costs, fees and 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or in the Campuspublic records in order to protect the Premises and Project against such Liens.

Appears in 1 contract

Samples: Work Agreement (McAfee Corp.)

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing thereof or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date after Tenant's receipt of notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, reasonable attorney's fees incurred by Landlord in connection therewith, together with Interest from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause Landlord any work or labor to be in violation of done or any of its contractual undertakings, Landlord agrees not materials to pay such lien during the period of Tenant’s contest. However, if Landlord pays be supplied for the discharge of a lien or any part thereof from funds account of Landlord, any amount paid all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), this Lease shall be repaid by Tenant deemed or construed in any way to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer due to work done for or materials supplied to Tenant (other than Landlord's Work)and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic's lien.

Appears in 1 contract

Samples: Broadview Networks Holdings Inc

Mechanic’s Liens. (a) Except for Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics’ liens created through and other liens resulting from any Work. Prior to the act commencement of Landlordany Work costing more than an amount equal to $25,000.00, or the supply or furnishing of any labor, services and/or materials in connection with any such Work, Tenant shall not suffer or permit any mechanic’s lien provide Landlord with a labor and material payment bond, a letter of credit or other security satisfactory to Landlord in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant’s payment in full of all claims of lien to be filed or recorded against the Premisesclaimants for such labor, equipment or services and/or materials supplied or claimed in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to have been supplied to the Premises at the request of TenantLandlord, or anyone holding the Premises, or any portion thereof, through or under Tenantand shall be in such form as Landlord shall approve in its sole discretion. 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 have the same to be discharged of record within fifteen (15) days after the date of filing or recording of the same. However, in the event Tenant desires right to contest the correctness or validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requiresif, 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 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 immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic’s or other liens, then Landlord may (but shall not be obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord’s demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting in accordance with Section 39 captioned “Interest on Unpaid Rent” from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts date of Landlord, unless taken with the consent ’s payment of Tenant or as a result said costs. Landlord’s payment of a such costs shall not waive any default by of Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusSection.

Appears in 1 contract

Samples: Lease (iVOW, Inc.)

Mechanic’s Liens. (a) Except for Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens created through and other liens resulting from any Work. Prior to the act commencement of Landlordany Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall not suffer or permit any mechanic’s provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien or other lien to be filed or recorded against the Premisesclaimants for such labor, equipment or services and/or materials supplied or claimed in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to have been supplied to the Premises at the request of TenantLandlord, or anyone holding the Premises, or any portion thereof, through or under Tenantand shall be in such form as Landlord shall approve in its sole discretion. 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 have the same to be discharged of record within fifteen (15) days after the date of filing or recording of the same. However, in the event Tenant desires right to contest the correctness or validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requiresif, 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 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 immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting in accordance with Section 39 captioned "interest on Unpaid Rent" from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts date of Landlord, unless taken with the consent 's payment of Tenant or as a result said costs. Landlord's payment of a such costs shall not waive any default by of Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusSection.

Appears in 1 contract

Samples: Loudeye Technologies Inc

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 Tenant's receipt of notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest and costs. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount Any amounts so paid by Landlord, together with Landlord and all costs, fees costs and expenses including, without limitation, reasonable attorneys' fees incurred by Landlord 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 Landlordtherewith, together with interest thereon ("Interest") at an interest rate equal to the Overdue RatePrime Rate published from time to time in the Money Rates column of the Wall Street Journal plus 2% (or, if lower, the highest rate then allowed under the usury laws of the Commonwealth of Pennsylvania) from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable under this Lease promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall indemnify and defend be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against and save Landlord and the Premises, the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof or otherwise for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises, the Building or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant 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 the extent resulting from the assertion, filing, foreclosure injunctive or other legal proceedings with respect equitable action brought by any person entitled to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus's lien.

Appears in 1 contract

Samples: Confirmation Agreement (Cardionet Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer have no authority or permit power, express or implied, to create or cause to be created any mechanic’s lien 's, materialmen's or other lien to lien, charge or encumbrance of any kind against any Leased Premises. Should any mechanic's, materialmen's or other lien, charge or encumbrance of any kind be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the any Leased Premises at the request by reason of Tenant, 's acts or anyone holding the Premises, omissions or any portion thereof, through or under because of a claim against 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 cancelled or discharged of record by bond or otherwise within fifteen sixty (1560) days after the date of filing notice to Tenant by Landlord, or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than within thirty (30) days after notice to Tenant by Landlord if at 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 time of such lien, and from time to time deposit additional security so that, at all times, adequate security notice Landlord anticipates a sale or refinancing of any Leased Premises will be available for the payment of the full amount of the lien together with all interest, penalties, costs closed within sixty (60) days after said notice (and other charges if Landlord includes that fact in respect thereofLandlord's notice to Tenant). If Tenant complies with shall fail to cancel or discharge said lien or liens within the foregoingtime provided pursuant to this Section 5.4, and Tenant continuesLandlord may, in good faithat its sole option, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale cancel or forfeiture of the Premises, or any part thereof, to satisfy discharge the same, and upon Landlord's demand, Tenant shall be under no obligation promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens. Except to pay the extent that such lien until such time as the same has been decreedcosts, by court orderlosses, 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 or liabilities are caused by Landlord's actions, 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 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 indemnify and defend hold Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all costs (including reasonable attorneys' fees and costs of suit), losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect causes of action arising out of or relating to any such mechanic’s lien alterations, additions or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt improvements made by Tenant to discharge same as above providedthe Leased Premises, including, but not limited to, any mechanic's or materialman's liens asserted in connection therewith. No such contest may be prosecuted if it could subject Landlord to any civil liability or and Tenant expressly agree and acknowledge that no interest of Landlord in the risk of any criminal liability or otherwise adversely affect Landlord, the Leased Premises or the CampusProject shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and that Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease. Landlord may file in the public records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and materialmen performing work in or for or supplying materials to the Leased Premises of the existence of the prohibition contained in this paragraph.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for or materials supplied or claimed to have been supplied to the Premises at the request of Tenantin connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, or anyone holding the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or any portion thereof, through or under on behalf of Tenant. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the Project, Tenant shall will cause the same such lien to be discharged of record within fifteen (15) 10 days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment 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 any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the hen, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 15 days prior to the due date thereof (but commencement of any work included in no event later than thirty (30) days after the filing Article 11 in 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, by or any part thereof, to satisfy the samefor Tenant, Tenant shall be under no obligation will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to pay such lien until such time as the same has been decreed, by court order, to be a valid lien post notices of nonresponsibility or similar written notices on the Premises. The deposit held by Premises in order to protect 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 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 indemnify and defend Landlord Premises 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusliens.

Appears in 1 contract

Samples: Office Lease (Idt Corp)

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after the date filing thereof or after Tenant's receipt 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such fifteen (15) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim or discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with Interest from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefore. Nothing in this Lease is intended to authorize Tenant to do or cause Landlord any work or labor to be in violation of done or any of its contractual undertakings, Landlord agrees not materials to pay such lien during the period of Tenant’s contest. However, if Landlord pays be supplied for the discharge of a lien or any part thereof from funds account of Landlord, any amount paid all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), this Lease shall be repaid by Tenant deemed or construed in any way to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic's lien.

Appears in 1 contract

Samples: Lease (Cytogen Corp)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer will pay or permit any mechanic’s lien or other lien cause to be filed paid all costs and charges for work done by it or recorded against caused to be done by it in or to the Premises, equipment and for all materials furnished for or materials supplied or claimed to have been supplied to in connection with such work. Tenant will indemnify Landlord against, and hold Landlord, the Premises at and the request Mall free, clear and harmless of Tenantand from, or anyone holding the Premisesall mechanics' liens and claims of liens, or any portion thereofand all other liabilities, through or under Tenantliens, claims, and demands, on account of such work. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the Mall, Tenant shall will cause the same such lien to be discharged of record within fifteen ten (1510) days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it will furnish to Landlord, within such ten (10) day period, security reasonably satisfactory to Landlord of at least on hundred fifty percent (150$) of the amount of the claim, plus estimated costs and interest. 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 any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Mall to liability under any mechanics' or other lien law. If Tenant receives notice that a lien has been or is about to be filed against the Premises or the Mall or any action potentially affecting the Mall has been threatened or commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before will immediately give Landlord written notice of such notice. At least fifteen (15) days prior to the due date thereof commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in no event later than thirty (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 $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, by or any part thereof, to satisfy the samefor Tenant, Tenant shall be under no obligation will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to pay such lien until such time as the same has been decreed, by court order, to be a valid lien post notices of non-responsibility or similar notices on the Premises. The deposit held by premises in order to protect 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 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 indemnify and defend Landlord Premises 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusliens.

Appears in 1 contract

Samples: Lease Agreement (Fields Technologies Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other mechanics’ lien shall at any time be filed or recorded against the Premisesany Individual Property, or any portion thereof, Tenant shall cause the same to be discharged of record within forty-five (45) days after obtaining actual knowledge thereof, by either payment, deposit, bond or otherwise. If Tenant shall fail to discharge any such mechanics’ lien for claims within such period, then, in addition to any other right or remedy of Landlord, on no less than fifteen (15) days after the date of filing or recording of the same. However, in the event days’ prior written notice to Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no any event later than following the commencement of any enforcement action being taken with respect to such mechanic’s lien), Landlord may, but shall not be obligated to, procure the discharge of the same of record. Prior to Landlord discharging any such mechanics’ lien, Landlord shall use commercially reasonable efforts to discuss in good faith the circumstances surrounding such mechanics’ lien and any ongoing Tenant efforts to resolve such mechanics’ lien. Any amount paid by Landlord to effectuate such discharge, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in procuring the discharge of any such lien, shall become due and payable by Tenant within thirty (30) days after following written demand accompanied by reasonable supporting documentation. Notwithstanding anything to the filing or recording thereof)contrary, notify Landlordso long as Tenant is reasonably involved in “Contest Procedures” for any mechanic’s lien, in writingthen (i) Landlord shall not take any action to procure the discharge of such lien and (ii) the timing requirements to discharge such lien is stayed and inapplicable. As used herein, “Contest Procedures” means, with respect to any contested obligation of Tenant, that Tenant intends to so contest sameis contesting in good faith and with due diligence the amount, validity or application thereof by appropriate proceedings at Tenant’s sole cost and expense, provided in each case that (i) such proceedings are conducted in accordance with all applicable Legal Requirements and contractual obligations and have the effect of suspending collection and enforcement; (ii) on no part of or before interest in any Individual Property is in danger of being sold, forfeited, terminated, cancelled or lost; (iii) Tenant has notified Landlord of such proceedings in writing, keeps Landlord reasonably apprised of the due date status thereof, if such lien involves an and promptly responds to any reasonable informational requests from Landlord with respect thereto; (iv) promptly upon final determination thereof, Tenant pays any amount in excess of $50,000 determined to be payable and complies with any obligation determined to be valid or if any Mortgagee so requires, deposit with Landlord security applicable; (in form and content reasonably satisfactory v) Tenant furnishes to Landlord or Mortgagee) for such security as may be reasonably requested by Landlord to insure compliance with the payment of the full amount of such liencontested obligations, 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 interestinterest and penalties payable in connection therewith (and, penaltiesupon prior written notice to Tenant, costs and other charges in respect thereof. If Tenant complies Landlord may apply any such security as necessary to cause compliance with the foregoing, and Tenant continuessuch obligations at any time when, in good faiththe reasonable judgment of Landlord, the amount determined to contest be payable or the validity validity, applicability or violation of such lien by appropriate legal proceedings which shall operate to prevent obligations is finally established or the collection thereof and the sale or forfeiture of the PremisesIndividual Property, or any part thereofthereof or interest therein, to satisfy is in danger of being sold, forfeited, terminated, cancelled or lost); and (vi) there is not otherwise then an Event of Default under this Lease. For the sameavoidance of doubt, Tenant shall no longer be under no obligation to pay such considered involved in Contest Procedures if the mechanic’s lien until such time as causes the same has been decreed, by court order, to be commencement of a valid lien on the Premises. The deposit held by the Landlord may be used to discharge the lien and foreclosure action against 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 part 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 Individual Property or any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of constitutes a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusloan documents.

Appears in 1 contract

Samples: Loan Agreement (Washington Prime Group, L.P.)

Mechanic’s Liens. (a) Except for liens created through the act of LandlordAll work performed, Tenant shall not suffer materials furnished, or permit any mechanic’s lien obligations incurred by or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenanta 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 or anyone holding the Premises, or any portion thereof, through or under TenantProject in connection therewith. If Upon completion of any such mechanic’s lien or other lien shall at any time be filed or recorded against the Premises, or any portion thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen ten (1510) business days after the date of filing or recording Landlord has delivered notice of the same. However, in the event filing thereof to Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either: (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record; or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand 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, together with 's interest thereon at 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 Overdue Ratecost of such work. Tenant shall indemnify indemnify, defend and defend Landlord against and save Landlord and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the Premisesforegoing, and any portion thereoftheir respective officers, harmless directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the "INDEMNITEES") from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys' fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. The foregoing indemnity shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer pay or permit any mechanic’s lien or other lien cause to be filed paid all costs and charges for work done by Tenant or recorded against caused to be done by Tenant in or to the Premises, equipment and for all materials furnished for or in connection with such work. Tenant shall indemnify Landlord against and hold Landlord, the Premises and the Building free, clear, and harmless from and against all mechanics’ liens and claims of liens and all other liabilities, liens, claims and demands on account of such work or materials supplied by or claimed to have been supplied to the Premises at the request on behalf of Tenant, or 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 is filed or recorded of record against the Premises, Premises or any portion thereofpart of the Building, Tenant shall cause the same such lien to be discharged removed of record within fifteen (15) 15 days after the date of filing or recording written notice of the same. Howeverfiling of such lien, in the event except that if Tenant desires to contest such lien without filing a bond and removing the lien of record in accordance with statute, it shall furnish Landlord for delivery to the court in which the claimant seeks to enforce its lien, within such 15 day period, security sufficient to cause the lien to be released of record. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant fails to remove of record any such mechanics’ lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requires, deposit with and has not given Landlord security (as described above, Landlord may, at its option, pay such charge and related costs and interest in form and content reasonably satisfactory to Landlord or Mortgagee) for the payment of the full amount respect of such lien, and from time to time deposit additional security the amount so thatpaid, at all times, adequate security will be available for the payment of the full amount of the lien together with all interestreasonable attorneys’ fees incurred by Landlord in connection with such lien, penalties, costs and shall be due from Tenant to Landlord as Additional Rent within 30 days after written notice. Nothing contained in this Lease shall be deemed the consent or agreement of Landlord to subject Landlord’s interest in the Building to liability under any mechanics’ or other charges in respect thereoflien law. If Tenant complies with the foregoing, and Tenant continues, in good faith, to contest the validity of such receives notice or otherwise becomes aware that a 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, or is about 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 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 indemnify and defend Landlord filed 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusBuilding or any action affecting title to the Building has been or is about to be commenced on account of work done by or for or materials furnished to or for Tenant, it shall promptly give Landlord written notice of the same.

Appears in 1 contract

Samples: Office Lease (Thayer Ventures Acquisition Corp)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer has no right or authority to impose or permit any mechanic’s lien or claim against the Premises, the Building, the Building Complex or its interest in or under this Lease. Tenant shall pay all costs for work done by or for Tenant in the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) and Tenant will keep the Premises and the Building Complex free and clear of all mechanics' and other lien liens on account of work done by or for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or for materials or supplies furnished to Tenant or persons claiming under Tenant. Should any such claims be filed made or liens be recorded against the Premises, equipment the Building or materials supplied the Building Complex or claimed to have been supplied to should any action affecting the Premises at the request title thereto be commenced as a result of Tenant, or 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 thereofwork, Tenant shall cause the same claim to be discharged satisfied before being recorded, or if the claim or lien is recorded to be removed of record within fifteen (15) five days after the date of filing or recording of the samerecording. However, in the event If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord of Tenant's intent to contest it and, within five days after the recording of any such liens, Tenant shall either furnish to Landlord adequate security satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest or bond over any lien under CRS 38-20-000 xxx as soon as possible thereby have the lien against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of any lien it for any amount is entered, Tenant shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form immediately pay 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 thereofsatisfy it. If Tenant complies with fails to pay any amount in the foregoingtime periods provided herein, and Tenant continues, in good faith, Landlord may (but without being required 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 do so) 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 or claim and any surplus deposit retained by Landlordcosts, after and the payment of the lien shall be repaid to Tenant. Provided that nonpayment amount so paid, plus 20% 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 Landlordamounts as an overhead/administration charge, together with all costs, reasonable attorneys' fees and expenses incurred in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)therewith, shall be repaid by immediately due from Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Lease (Convergent Group Corp)

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Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Building so as to minimize the possibility of a lien attaching to the Premises, the Building or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises, the Building or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 Tenant's receipt of notice thereof, if such lien involves an amount in excess regardless 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 or claim. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by appropriate legal proceedings payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with Interest from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall operate constitute Additional Rent payable under this Lease promptly upon demand therefor. Nothing in this Lease is intended to prevent authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the collection thereof account of Landlord, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the sale contrary contained in this Lease, nothing contained in or forfeiture contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to satisfy contract or permit the sameperformance of any work or services or the furnishing of any materials within the meaning of 49 P.S. Sections 1101-1902, Tenant shall as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof or otherwise for which any lien could 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 filed against the Premises. The deposit held by , the Landlord may be used to discharge Building, 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 Property or any part thereof from funds of Landlordany thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, any amount paid by Landlord, together with all costs, fees and 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 indemnify and defend Landlord against and save Landlord and encumbrance or charge levied or imposed upon the Premises, the Building or the Property or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant 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 the extent resulting from the assertion, filing, foreclosure injunctive or other legal proceedings with respect equitable action brought by any person entitled to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus's lien.

Appears in 1 contract

Samples: Viasys Healthcare Inc

Mechanic’s Liens. (a) Except for liens created through the act of LandlordWithout Lessor's prior written consent, Tenant ---------------- shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Lessor in the Leased Premises or to 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 Leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the demised Leased Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Lessor, and that Lessor's interest in the demised Leased Premises, shall not suffer or permit be subject to any mechanic’s 's, furnisher's or materialmen's liens. No contract for material will be entered into by Tenant except with the express stipulation that any lien arising therefrom shall not attach to Lessor's fee interest, but only to Tenant's Leasehold interest, in the demised Leased Premises. Tenant covenants and agrees that it will pay or other lien cause to be filed paid all sums due and payable by it on account of any labor performed or recorded materials furnished in connection with any work performed on the Leased Premises on which any lien is or can be validly and legally asserted against its Leasehold interest in the Leased Premises or the improvements thereon. Tenant will save and hold Lessor harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the PremisesLeasehold estate or against the rights, equipment title and interest of the Lessor in the Leased Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials supplied or claimed to have been supplied to furnished on the demised Leased Premises at the request of Tenant, or anyone holding the Premises, or any portion thereofby, 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 (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) 30 days after the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest of 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Master Graphics Inc)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment Premises or materials supplied or claimed to have been supplied to the Premises at the request Project in connection therewith. Upon completion of Tenant, or 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 thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen fourteen (1514) days after the date of filing or recording Landlord has delivered notice of the same. However, in the event filing thereof to Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either: (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record; or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand within fourteen (14) 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, the Project or Landlord, together with ’s interest thereon at 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 Overdue Ratecost of such work. Tenant shall indemnify indemnify, defend and defend Landlord against and save Landlord and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the Premisesforegoing, and any portion thereoftheir respective officers, harmless directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys’ fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. The foregoing indemnity shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall may not suffer cause or permit any mechanic’s lien 's or other materialman's lien to be filed placed upon Landlord's interest in the Project or recorded against the Premises or any part thereof by any contractor, subcontractor, laborer, or materialman performing any labor or furnishing any materials to Tenant for any improvement alteration, or repair of or to the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, Project or any portion part thereof, through or under Tenant. If any such mechanic’s lien is filed on Landlord's interest or other lien shall at any time be filed or recorded against Tenant's interest in the Premises, or any portion thereof, Tenant shall cause the same to be discharged of record within fifteen (15) 30 days after filing, unless caused by the date negligence or willful misconduct of filing Landlord or recording of the sameLandlord's Parties. However, nothing herein contained shall prevent Tenant from contesting, in good faith, and at its own expense, any such lien or claim of lien. If Tenant does not discharge the event lien within the 30-day period (and Tenant desires is not contesting such claim in good faith during such period in accordance with this Paragraph 18), then, in addition to contest any other right or remedy of Landlord, Landlord may, but is not obligated to, discharge the validity lien by paying the amount claimed to be due or by procuring the discharge of the lien by deposit in court or bonding. Any amount paid by Landlord relating to any lien not caused by Landlord, and all reasonable legal and other expenses of Landlord, including reasonable attorneys' fees, in defending any action or in procuring the discharge of any lien it shall (i) on or before fifteen (15) days prior lien, is payable by Tenant to the due date thereof (but in no event later than Landlord within thirty (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 $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 's written demand as 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusRent.

Appears in 1 contract

Samples: Office Lease (Denbury Resources Inc)

Mechanic’s Liens. (aTenant has no authority, express or implied, to create, permit or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Premises. Tenant acknowledges and agrees that in connection with all Improvements or Alterations to the Premises, i) Except Tenant does not act as Landlord’s agent; ii) the Improvements or Alterations are done solely for liens created through the act benefit of Tenant; and iii) the Improvements or Alterations do not “enrich” Landlord because they are specific to the needs of Tenant and therefore have little or no intrinsic value to Landlord. Other than for any and all loss, cost or expense based on or arising out of Landlord’s initial construction of the Building and in connection with the Landlord Work on the Premises. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including without limitation attorneys’ fees, based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. Subsequent to the completion of the Landlord Work in the Premises, Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the PremisesPremises or ASPEN GROWTH PROPERTIES – NET LEASE the Building for any work performed, equipment materials furnished or materials supplied obligation incurred by or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s a lien or other lien shall at any time be filed or recorded against the Premisesencumbrance is filed, or any portion thereofthen Tenant shall, Tenant shall cause the same to be discharged of record within fifteen (15) days after the date of filing or recording Landlord has delivered notice of the same. Howeverfiling to Tenant, in either pay the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 or diligently contest such lien and deliver to Landlord a bond or other charges in respect thereofsecurity reasonably satisfactory to Landlord. If Tenant complies with fails to timely take either such action, then Landlord may pay the foregoinglien claim without inquiry as to the validity thereof, and Tenant continuesany amounts so paid, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof including expenses 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 expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. within ten days after Landlord has delivered to Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusan invoice therefore.

Appears in 1 contract

Samples: Lease Agreement (ShoreTel Inc)

Mechanic’s Liens. (a) Except Prior to Tenant performing any construction or other work on or about the Premises for liens created through which a lien could be filed against the act of LandlordPremises or the Building, Tenant shall not suffer or permit enter into a written “no lien” agreement satisfactory to Landlord with the contractor who is to perform such work, and such written agreement shall be filed and recorded in accordance with the Mechanic’s Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s lien or other lien shall be filed against the Premises or the Building purporting to be filed for labor or recorded against the Premises, equipment material furnished or materials supplied or claimed to have been supplied to the Premises be furnished at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien then Tenant shall at any time its expense cause such lien to be filed discharged by payment, bond or recorded against otherwise within thirty (30) days after filing thereof. As an alternative to causing the Premises, or any portion thereof, Tenant shall cause the same lien to be discharged of record within fifteen (15) days after record, Tenant shall have the date of filing or recording of the same. However, in the event Tenant desires right to contest the validity of any lien it or claim if Tenant shall (i) on first have posted a bond or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requires, deposit with Landlord other security (in form and content reasonably satisfactory to Landlord or Mortgagee) for the payment of the full amount of (such lien, and from time as an undertaking with Landlord’s title company to time deposit additional security so insure that, at all times, adequate security will be available for the payment upon final determination 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 sameclaim, Tenant shall be under no obligation immediately pay any judgment rendered against Tenant). If Tenant shall fail to pay take such action within such thirty (30) day period, Landlord may cause such lien until such time as the same has been decreed, by court order, to be a valid lien on discharged by payment, bond or otherwise, without investigation as to the Premises. The deposit held by the validity thereof or as to any offsets or defenses thereto, and Tenant shall, upon demand, reimburse Landlord may be used to discharge the lien for all amounts paid 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 expenses in connection therewith (costs incurred including attorney’s fees fees, in having the lien discharged 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 Raterecord. Tenant shall indemnify and defend hold Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against any and all lossesclaims, costs, damages, expenses, liabilities, suits, penalties, claims, demands liabilities and obligations, expenses (including reasonable attorney’s fees, to the extent resulting from the assertion, filing, foreclosure ) which may be brought or other legal proceedings with respect to imposed against or incurred by Landlord by reason of any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusits discharge.

Appears in 1 contract

Samples: Lease (Pdi Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer have no authority or permit power, express or implied, to create or cause to be created any mechanic’s, materialmen’s lien or other lien to lien, charge or encumbrance of any kind against any Leased Premises or the Property. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be filed or recorded against the Premises, equipment Leased Premises or materials supplied or claimed to have been supplied to the Premises at the request Property by reason of Tenant, ’s acts or anyone holding the Premises, omissions or any portion thereof, through or under because of a claim against 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 cancelled or discharged of record by bond or otherwise within fifteen sixty (1560) days after the date of filing notice to Tenant by Landlord, or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than within thirty (30) days after notice to Tenant by Landlord if at the filing time of such notice Landlord anticipates a sale 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 refinancing of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security Property will be available for the payment of the full amount of the lien together with all interest, penalties, costs closed within sixty (60) days after said notice (and other charges if Landlord includes that fact in respect thereofLandlord’s notice to Tenant). If Tenant complies with shall fail to cancel or discharge said lien or liens within the foregoingtime provided pursuant to this Section 5.4, and Tenant continuesLandlord may, in good faithat its sole option, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale cancel or forfeiture of the Premises, or any part thereof, to satisfy discharge the same, and upon Landlord’s demand, Tenant shall be under no obligation promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens. Except to pay the extent that such lien until such time as the same has been decreedcosts, by court orderlosses, 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 or liabilities are caused by Landlord’s actions, 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 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 indemnify and defend hold Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect causes of action arising out of or relating to any such mechanic’s lien alterations, additions or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt improvements made by Tenant to discharge same as above providedthe Leased Premises, including any mechanic’s or materialman’s liens asserted in connection therewith. No such contest may be prosecuted if it could subject Landlord to any civil liability or and Tenant expressly agree and acknowledge that no interest of Landlord in the risk of any criminal liability or otherwise adversely affect Landlord, the Leased Premises or the Campus.Property shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and that Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease. Landlord may file in the public records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and materialmen performing work in or for or supplying materials to the Leased Premises of the existence of the prohibition contained in this paragraph. BBD-1 Separate Lease Form

Appears in 1 contract

Samples: Master Lease Agreement (Gramercy Capital Corp)

Mechanic’s Liens. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or to 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. 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 on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease. Tenant shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises and cause such lien or encumbrance to be discharged within [***] (a[***]) Except for days of Tenant’s awareness thereof; provided, however, Tenant may contest such liens created through or encumbrances as long as such contest prevents foreclosure of the act lien or encumbrance and Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such [***] ([***]) day period. Without limiting any other rights or remedies of Landlord, if Tenant shall not suffer or permit fails for any mechanic’s reason to cause a lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 encumbrance to be discharged of record within fifteen [***] (15[***]) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 then Landlord may be used take such action(s) as is reasonably necessary 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 the same (including, without limitation, by paying any amount demanded by the party who has filed or recorded such lien or any part thereof from funds encumbrance, regardless of Landlordwhether the same is in dispute), any amount paid and Landlord shall be reimbursed by Landlord, together with Tenant for all costs, fees costs and expenses incurred by Landlord in connection therewith within [***] (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 business days following written demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campustherefor.

Appears in 1 contract

Samples: Lease Agreement (Sana Biotechnology, Inc.)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s 's lien or other lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under TenantTenant whereby the estate, rights or title of Landlord are encumbered. If any such mechanic’s '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 or bonded against to Landlord's satisfaction within fifteen sixty (1560) days after the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of any lien such lien, it shall (i) on or before fifteen (15) days prior to the due date thereof (but notify Landlord and Landlord's Mortgagee in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, writing that Tenant intends to so contest same; (ii) same and, on or before the due date thereof, if such lien involves an amount in excess post a bond or otherwise discharge of $50,000 record 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 procure title insurance over 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 foregoingforegoing and Landlord's Mortgagee does not object to such contest, 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 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's contest in accordance with this Section. HoweverIf Tenant fails to discharge, if bond or contest any such lien in accordance with this Section and Landlord pays for the discharge of a any such lien or 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 's fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesLandlord), together with interest thereon at the Overdue Rate, shall be repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall be solely liable for, and agrees to 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 including, without limitation, reasonable attorney’s 's fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Transkaryotic Therapies Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s lien or other lien to be filed created or recorded against the Premisesto remain undischarged any lien, equipment encumbrance or charge (arising out of any work done or materials supplied or supplies furnished, or claimed to have been supplied to the Premises at the request of Tenantdone or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or anyone holding otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Premises, Building or any portion thereofpart thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, through rights and interests of Landlord in the Building or under Tenantany part thereof might be impaired. If any such mechaniclien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s lien or other lien contractor to work on the Demised Premises shall at any time be filed or recorded against the Premises, Building or any portion part thereof, Tenant shall Tenant, within ten (10) business days after notice of the filing thereof, will cause the same to be discharged of record within fifteen (15) days after the date by payment, deposit, bond, order of filing a court of competent jurisdiction or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thereofotherwise. If Tenant complies with shall fail to cause such lien or notice of lien to be discharged within the foregoingperiod aforesaid, and Tenant continuesthen, in good faithaddition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to contest be due or by procuring the validity discharge of such lien by appropriate legal deposit or by bonding proceedings which and in any such event Landlord shall operate to prevent the collection thereof and the sale or forfeiture of the Premisesbe entitled, or any part thereofif Landlord so elects, to satisfy compel the same, Tenant shall be under no obligation to pay such lien until such time as prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest, costs and allowances. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any Any amount so paid by Landlord, together with Landlord and all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such reasonable out-of-pocket costs and expenses), including attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Deed of Lease (Opgen Inc)

Mechanic’s Liens. (a) Except 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 will or may result in liens created through on Landlord's interest therein, and Tenant will keep the act Premises and Building Complex free and clear of Landlordall mechanic's 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, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including attorneys' fees, and interest incurred on account of any claims of any nature whatsoever, including claims on lien of laborers, materialmen or others for work actually or allegedly performed for, or materials or supplies actually or allegedly furnished to, Tenant shall not suffer or permit persons claiming under Tenant. Should any mechanic’s lien or other lien to liens be filed or recorded against the PremisesPremises or any portion of the Building Complex or any action affecting the title thereof be commenced, equipment or materials supplied or claimed Tenant shall cause such liens to have been supplied be removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any claim of lien, it shall furnish Landlord with security adequate to the Landlord [which shall equal 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 or existence of any lien for any amount is entered, and if Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose a lien has been recorded or filed, and shall not have given Landlord security as aforesaid, then Landlord may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord. Landlord shall have the right at all times to post and keep posted on the Premises at any notices permitted or required by law which Landlord shall deem proper for the request protection of Tenant, or anyone holding Landlord and the Premises, or any portion thereofother party having an interest therein, through or under Tenantfrom mechanic's and materialmen's liens. 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 give written notice to be discharged of record within fifteen Landlord at least thirty (15) days after 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 fifteen (1530) days prior to the due date thereof (but in no event later than thirty (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 $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 commencement of any of its contractual undertakings, Landlord agrees not work relating to pay such lien during the period of Tenant’s contest. However, if Landlord pays for the discharge of a lien alterations or any part thereof from funds of Landlord, any amount paid by Landlord, together with all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal additions 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 indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereofif requested by Landlord, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, provide partial lien waivers relating to the extent resulting from work to be performed as and when the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuswork is performed.

Appears in 1 contract

Samples: Office Lease (Solera National Bancorp, Inc.)

Mechanic’s Liens. (a) Except for Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens created through and other liens resulting from any Work. Prior to the act commencement of Landlordany Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall not suffer provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a Primary obligee, shall be given by a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have the right to contest lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements there in the State of Washington. Tenant shall Promptly pay or permit any mechanic’s lien or other lien cause to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied paid all sums awarded to the Premises at the request of Tenantclaimant on its Suit, or 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 (15) days after the date of filing or recording of the same. Howeverand, in any event, before any execution is issued with respect to any judgment obtained by the event Tenant desires to contest the validity of any lien it shall (i) on claimant in its suit or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 judgment becomes a valid lien on the Premises, whichever is earlier. The deposit held If Tenant shall be in default under this Section, by the failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be used obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount Sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorney fees) incurred by Landlord in settling and any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to Tenant. Provided that nonpayment of discharging 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 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 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 the extent resulting in accordance with Section 39 captioned "Interest on Unpaid Rent" from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts date of Landlord, unless taken with the consent 's payment of Tenant or as a result said costs. Landlord's payment of a such costs shall not waive any default by of Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusSection.

Appears in 1 contract

Samples: Microvision Inc

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s 's lien or other lien to be filed or recorded against the Premisesleased premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Premises leased premises at the request of Tenant, or anyone holding the Premisesleased premises, or any portion thereof, through or under Tenant. If any such mechanic’s 's lien or other lien shall at any time be filed or recorded against the Premisesleased premises, or any portion thereof, Tenant shall cause the same to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing date of filing. If Tenant shall fail to discharge such mechanic's lien or recording thereof)liens or other lien within such period, notify then, in addition to any other right or remedy of Landlord, in writingLandlord may, that Tenant intends but shall not be obligated to, discharge the same by paying to so contest same; (ii) on the claimant the amount claimed to be due or before by procuring the due date thereof, if discharge of such lien involves an amount as to the leased premises by deposit 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 court having jurisdiction of such lien, and from time the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to time deposit additional security so that, at all times, adequate security will be available for secure the payment discharge 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 or by the Landlord may be used deposit of a bond or other security with such court sufficient in form, content and amount to procure the 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 lien, or in such other manner as is now or may in the future 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 provided by present or future law for the discharge of such lien as a lien or any part thereof from funds of against the leased premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s 's fees of Landlord plus an administration fee Landlord), together with interest thereon at a rate equal to three the lesser of eighteen percent (318%) of such costs and expenses)per annum or the highest lawful rate, shall be repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue RateLandlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord against and save Landlord and the Premisesleased premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including including, without limitation, reasonable attorney’s 's fees, to the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other liens. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the leased premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien (other than for any liens resulting solely from such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the acts estate or interest of LandlordLandlord in and to the leased premises, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusportion thereof.

Appears in 1 contract

Samples: Lease (Daleen Technologies Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s lien or other lien to be filed created or recorded against the Premisesto remain undischarged any lien, equipment encumbrance or charge (arising out of any work done or materials supplied or supplies furnished, or claimed to have been supplied to the Premises at the request of Tenantdone or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or anyone holding otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Premises, Building or any portion thereofpart thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, through rights and interests of Landlord in the Building or under Tenantany part thereof might be impaired. If any such mechaniclien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s lien or other lien contractor to work on the Demised Premises shall at any time be filed or recorded against the Premises, Building or any portion part thereof, Tenant shall Tenant, within ten (10) days after notice of the filing thereof, will cause the same to be discharged of record within fifteen (15) days after the date by payment, deposit, bond, order of filing a court of competent jurisdiction or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thereofotherwise. If Tenant complies with shall fail to cause such lien or notice of lien to be discharged within the foregoingperiod aforesaid, and Tenant continuesthen, in good faithaddition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to contest be due or by procuring the validity discharge of such lien by appropriate legal deposit or by bonding proceedings which and in any such event Landlord shall operate to prevent the collection thereof and the sale or forfeiture of the Premisesbe entitled, or any part thereofif Landlord so elects, to satisfy compel the same, Tenant shall be under no obligation to pay such lien until such time as prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest, costs and allowances. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any Any amount so paid by Landlord, together with Landlord and all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), including attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Deed of Lease (Maxcyte, Inc.)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for or materials supplied in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding other than work performed by Landlord pursuant to the Premises, or any portion thereof, through or under TenantWorkletter. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the Project, Tenant shall will cause the same such lien to be discharged of record within fifteen (15) 10 days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at one. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by or for or materials furnished or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 15 days prior to the due date thereof commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in no event later than thirty (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 $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, by or any part thereof, to satisfy the samefor Tenant, Tenant shall be under no obligation will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to pay such lien until such time as the same has been decreed, by court order, to be a valid lien post notices of non-responsibility or similar written notices on the Premises. The deposit held by Premises in order to protect 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 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 indemnify and defend Landlord Premises 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusliens.

Appears in 1 contract

Samples: Office Lease (International Cosmetics Marketing Co)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s lien or other lien to be filed created or recorded against the Premisesto remain undischarged any lien, equipment encumbrance or charge (arising out of any work done or materials supplied or supplies furnished, or claimed to have been supplied to the Premises at the request of Tenantdone or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or anyone holding otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Premises, Building or any portion thereofpart thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, through rights and interests of Landlord in the Building or under Tenantany part thereof might be impaired. If any such mechanic’s lien, or notice of lien on account of an alleged debt of Tenant or other lien any notice of contract by a party engaged by Tenant or Tenant's contractor to work on the Demised Premises shall at any time be filed or recorded against the Premises, Building or any portion part thereof, Tenant shall Tenant, within ten (10) days after notice of the filing thereof, will cause the same to be discharged of record within fifteen (15) days after the date by payment, deposit, bond, order of filing a court of competent jurisdiction or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thereofotherwise. If Tenant complies with shall fail to cause such lien or notice of lien to be discharged within the foregoingperiod aforesaid, and Tenant continuesthen, in good faithaddition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to contest be due or by procuring the validity discharge of such lien by appropriate legal deposit or by bonding proceedings which and in any such event Landlord shall operate to prevent the collection thereof and the sale or forfeiture of the Premisesbe entitled, or any part thereofif Landlord so elects, to satisfy compel the same, Tenant shall be under no obligation to pay such lien until such time as prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest, costs and allowances. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any Any amount so paid by Landlord, together with Landlord and all costs, fees and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), including reasonable attorneys' fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be repaid paid by Tenant to Landlord on demand demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Building Lease (Pe Corp)

Mechanic’s Liens. Tenant has no authority, express or implied to encumber the Premises or take any action resulting in a lien being placed on the Premises. Tenant acknowledges that pursuant to State Law a mechanic's lien may not be filed against State property. Notwithstanding the foregoing, if a mechanic's lien is wrongfully placed on the property Tenant shall (a) Except for liens created through the act of Landlordimmediately after it is filed or claimed, Tenant shall not suffer have released (by bonding or permit otherwise) any mechanic’s lien mechanics', materialmens' or other lien to be filed or recorded claimed against any or all of the Premises or the Structure or any other improvement on the Premises, equipment by reason of labor or materials supplied provided for or claimed to have been supplied to the Premises at the request about any or all of Tenant, or anyone holding the Premises, or the Structure or any portion thereof, through other improvement on the Premises during the Term or under otherwise arising out of Tenant. If 's use or occupancy of any such mechanic’s lien or other lien shall at any time be filed or recorded against all of the Premises, the Structure or any portion thereofother improvement on the Premises, and (b) defend, indemnify and hold harmless Landlord against and from any and all liability, claim of liability or expense (including, by way of example rather than of limitation, that of reasonable attorneys' fees) incurred by Landlord on account of any such lien or claim. If Tenant shall cause the same fails to be discharged of record discharge any such lien within fifteen (15) calendar days after the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of it first becomes effective against any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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, then, in addition to any other right or any part remedy held by Landlord on account thereof, Landlord may (a) discharge it by paying the amount claimed to satisfy be due or by deposit or bonding proceedings, and/or (b) in any such event compel the sameprosecution of any action for the foreclosure of any such lien by the lienor and pay the amount of any judgment in favor of the lienor with interest, costs and allowances. 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 reimburse 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 Landlord to discharge any such lien and all costs, fees and expenses incurred by Landlord 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 Landlordtherewith, together with interest thereon at the Overdue Raterate of twenty percent (20%) per annum from the respective dates of Landlord's making such payments for incurring such expenses (all of which shall constitute Additional Rent). Nothing in the provisions of this Lease shall be deemed in any way (a) to constitute Landlord's consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Premises, or (b) to give Tenant any right, power or authority to contract for or permit to be furnished any service or materials, if doing so would give rise to the filing of any mechanics' or materialmens; lien against any or all of the Premises or Landlord's estate or interest therein, or (c) to evidence Landlord's consent that the Premises be subjected to any such lien. Tenant shall indemnify require all contractors, subcontractors, laborers, or materialmen to acknowledge their acceptance and defend Landlord against and save Landlord and understanding of the Premisesprovisions in this section by completing a “Notice of Work Completed on State Property”, 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.see Exhibit G.

Appears in 1 contract

Samples: dnr.maryland.gov

Mechanic’s Liens. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or to 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. 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 on the Premises (aother than work performed by Landlord or Landlord’s employees, agents or contractors) Except for and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens created through against the act leasehold estate or against the interest of Landlord in the Premises or under this Lease (other than as a result of work performed by Landlord or Landlord’s employees, agents or contractors), Tenant shall not suffer or permit give Landlord immediate Zip Recruiting/604 Arizona-ZipRecruiter Lease written notice of the placing of any mechanic’s lien or other lien to be filed or recorded encumbrance against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any and cause 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 encumbrance to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after of Tenant’s receipt of written notice of the filing or recording thereof); provided, notify Landlordhowever, in writing, that Tenant intends to so may contest same; (ii) on such liens or before encumbrances as long as such contest prevents foreclosure of the due date thereof, if lien or encumbrance and Tenant causes such lien involves an amount or encumbrance to be bonded or insured over in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably a manner satisfactory to Landlord within such thirty (30) day period. Without limiting any other rights or Mortgagee) remedies of Landlord, if Tenant fails for the payment of the full amount of such lien, and from time any reason to time deposit additional security so that, at all times, adequate security will be available for the payment of the full amount of the cause a 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, encumbrance 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 discharged within thirty (30) days of Tenant’s contest. Howeverreceipt of written notice of the filing or recording thereof, if then Landlord pays for may take such action(s) as it deems necessary to cause the discharge of a the same (including, without limitation, by paying any amount demanded by the party who has filed or recorded such lien or any part thereof from funds encumbrance, regardless of Landlordwhether the same is in dispute), any amount paid and Landlord shall be reimbursed by Landlord, together with Tenant for all costs, fees costs and expenses incurred by Landlord in connection therewith within ten (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%10) of such costs and expenses), shall be repaid business days following written demand therefor accompanied by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings reasonable supporting documentation with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusthereto.

Appears in 1 contract

Samples: Lease Agreement (Ziprecruiter, Inc.)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien or other mechanics' lien to be filed or recorded against the PremisesPremises by reason of work, equipment labor, services or materials supplied performed or claimed furnished to have been supplied Tenant in connection with any alterations, additions, or improvements to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenantby Tenant hereunder. If any such mechanic’s lien or other mechanics' lien shall at any time be filed or recorded against the Premises, or Tenant shall have the right to contest and any portion thereofand all such liens; provided, however, that Tenant shall cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after written notice by Landlord. If Tenant shall fail to cause such lien to be discharged within such thirty (30) day period, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to discharge the filing same by paying the amount claimed to be due or recording thereof), notify by bonding or other proceeding deemed appropriate by Landlord, and the amount so paid by Landlord and/or all reasonable costs and expense, including reasonable attorneys' fees, incurred by Landlord in writing, that Tenant intends to so contest same; (ii) on or before procuring 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 discharge 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 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 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 the extent resulting Default Rate of 18% from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt date paid until repaid by Tenant to discharge same Landlord, shall be deemed to be additional rent for the Premises and shall be due and payable by Tenant to Landlord on the first day of the next following month. Pursuant to the provisions of Florida Statutes (1977) 713.10, all parties hereto acknowledge that the interest of the Landlord herein, as above providedowner of the underlying real property, shall not be subject to liens for improvements made by the Tenant and the imposition of such a lien is expressly prohibited. No The Tenant shall notify the contractor making any such contest improvements of this provision and the knowing or willful failure of Tenant to provide such notice to the contractor shall render the contract between the Tenant and the contractor voidable at the option of the contractor. The interest of the Landlord shall not be subject to liens for improvements made by Tenant and the parties acknowledge that a short form of the Lease Agreement may be prosecuted if it could subject Landlord to any civil liability or recorded in the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuspublic records expressly referencing this paragraph.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s 's lien or other lien to be filed against the Premises by reason of any work performed by or recorded for, or material furnished to, Tenant (including, without limitation, any work undertaken by Tenant pursuant to Section 9.1). If any such lien is filed at any time against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 will cause the same to be discharged of record (which discharge may, at Tenant's option, be effected by bonding over such lien in accordance with applicable law) within fifteen (15) 30 days after delivery of notice from Landlord concerning the date filing of filing or recording of the samesuch lien. HoweverIf Tenant fails to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but will not be obligated to, discharge the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior same by paying to the claimant the amount claimed to be due date thereof (but in no event later than thirty (30) days after or by procuring 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 discharge of such lien involves an amount as to the Premises by deposit 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 court having jurisdiction of such lien, and from time the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to time deposit additional security so that, at all times, adequate security will be available for secure the payment discharge 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 or by the Landlord may be used deposit of a bond or other security with such court sufficient in form, content and amount to procure the 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 lien, or in such other manner as is now or may in the future 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 provided by present or future Laws for the discharge of such lien as a lien or any part thereof from funds of against the Premises. Any amount paid by Landlord, or the value of any amount paid deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s 's fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expensesLandlord), shall together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord on demand by LandlordLandlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, together if Tenant desires to contest any such lien, Tenant may do so provided that, within 15 days after Landlord notifies Tenant of the filing thereof, Tenant notifies Landlord of Tenant's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law, posting with interest thereon at Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the Overdue Rateevent Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant shall will indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, Premises harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including including, without limitation, reasonable attorney’s fees, to the extent 's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s 's lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuslien.

Appears in 1 contract

Samples: Homegrocer Com Inc

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer cause to be paid all costs for work done or permit caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following commencement of the Lease Term) of a character which could result in liens on Landlord’s interest. Tenant will keep the Premises free and clear of all mechanics’ and other liens on account of work done for Tenant or persons claiming under it. Tenant agrees to indemnify and defend Landlord with respect to all liability, loss, damage, cost or expense, including attorneys’ fees, on account of any mechanic’s lien claims of any nature whatsoever, including claims or other lien liens of laborers or materialmen or others, for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to Premises and/or the Premises at the request of Tenant, or anyone holding the Premises, Building or any portion thereofaction affecting the title thereto be commenced as a result of such work, through or under Tenant shall cause such liens to be removed of record within 10 days after Tenant’s receipt of notice from Landlord. If Tenant desires to contest any claim or lien, Tenant shall furnish to Landlord adequate security of at least 150% of the amount of the claim, plus estimated costs and interest, or, at Landlord’s option, file a bond and obtain a release of the lien pursuant to Law. If a final judgment establishing the validity or existence of any such lien is entered, Tenant shall pay and satisfy it at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or other suit to foreclose the lien has been recorded or filed, and shall at any time be filed or recorded against the Premisesnot have given Landlord security as provided above, or any portion thereof, Tenant shall cause the same to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof Landlord may (but in no event later than thirty (30without being required) 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 $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 or claim and any surplus deposit retained by Landlordcosts, after and 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 Landlordso paid, together with all costs, reasonable attorneys’ fees and expenses incurred in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)therewith, shall be repaid by immediately due from Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Smart Move, Inc.)

Mechanic’s Liens. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work costing more than an amount equal to one (a1) Except for liens created through month’s Base Monthly Rent, or the act supply or furnishing of Landlordany labor, services and/or materials in connection with any such Work, Tenant shall not suffer or permit any mechanic’s lien provide Landlord with a labor and material payment bond, a letter of credit or other security satisfactory to Landlord in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefore, with release of the bond conditioned on Tenant's payment in full of all claims of lien to be filed or recorded against the Premisesclaimants for such labor, equipment or services and/or materials supplied or claimed in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to have been supplied to the Premises at the request of TenantLandlord, or anyone holding the Premises, or any portion thereof, through or under Tenantand shall be in such form as Landlord shall approve in its sole discretion. 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 have the same to be discharged of record within fifteen (15) days after the date of filing or recording of the same. However, in the event Tenant desires right to contest the correctness or validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $50,000 or if any Mortgagee so requiresif, 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 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 immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefore in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be obligated to), in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting in accordance with Section 40 captioned “Interest on Unpaid Rent” from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts date of Landlord, unless taken with the consent 's payment of Tenant or as a result said costs. Landlord's payment of a such costs shall not waive any default by of Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusSection.

Appears in 1 contract

Samples: Lease Agreement (Lmi Aerospace Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer pay or permit any 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 will or may result in liens on Landlord’s interest therein. Tenant will keep the Premises and Building Complex free and clear of all mechanic’s 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, cost or expense, including attorneys’ fees and interest, incurred on account of any claims of any nature whatsoever, including lien claims of laborers, materialmen, or other lien others for work actually or allegedly performed for, or for materials or supplies actually or allegedly furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the PremisesPremises or any portion of the Building Complex, equipment or materials supplied should any action affecting the title thereto be commenced on account of work done or claimed to have been supplied to the Premises at the request of Tenant, done for Tenant or anyone holding the Premises, or any portion thereof, through or persons claiming 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 thereofit, Tenant shall cause such liens to be contested or removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any such claim or lien, Tenant may do so only if, within such five (5) day period, Tenant posts adequate security with a court of competent jurisdiction and obtains an order discharging the lien of record, as then provided by the Colorado mechanics’ lien statute. If a final judgment is entered establishing the validity or existence of any lien for any amount which lien has not been discharged or bonded off as hereinabove required, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic’s lienor suit to foreclose the lien has been recorded or filed, and shall not have caused the same to be discharged released of record within fifteen (15) days after the date of filing or recording of the same. Howeverrecord, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof Landlord may (but in no event later than thirty (30without being required to do so) 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 $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 or claim and any surplus deposit retained by Landlordcosts, after and 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 Landlordso paid, together with all costs, reasonable attorneys’ fees and expenses incurred in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)therewith, shall be repaid by immediately due from Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the CampusAdditional Rent.

Appears in 1 contract

Samples: Office Building Lease (Georesources Inc)

Mechanic’s Liens. (a) Except Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or to 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. 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 on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens created through against the act leasehold estate or against the interest of Landlord, Landlord in the Premises or under this Lease. Tenant shall not suffer or permit give Landlord immediate written notice of the placing of any mechanic’s lien or other lien to be filed or recorded encumbrance against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any and cause 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 encumbrance to be discharged of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after of the filing or recording thereof); provided, notify Landlordhowever, in writing, that Tenant intends to so may contest same; (ii) on such liens or before encumbrances as long as such contest prevents foreclosure of the due date thereof, if lien or encumbrance and Tenant causes such lien involves an amount or encumbrance to be bonded or insured over in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably a manner satisfactory to Landlord within such thirty (30)- day period. Without limiting any other rights or Mortgageeremedies of Landlord, if Tenant fails for any reason to cause a lien or encumbrance to be discharged within thirty (30) for the payment days 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 filing or forfeiture of the Premises, or any part recording 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 then Landlord may be used take such action(s) as it deems necessary 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 the same (including, without limitation, by paying any amount demanded by the party who has filed or recorded such lien or any part thereof from funds encumbrance, regardless of Landlordwhether the same is in dispute), any amount paid and Landlord shall be reimbursed by Landlord, together with Tenant for all costs, fees costs and expenses incurred by Landlord in connection therewith within five (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%5) of such costs and expenses), shall be repaid by Tenant to Landlord on business days following written demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campustherefor.

Appears in 1 contract

Samples: Lease Agreement (Bloom Energy Corp)

Mechanic’s Liens. Within ten (a10) Except for liens created through the act of Landlorddays after Tenant receives notice thereof, Tenant shall not suffer or permit cause to be discharged any mechanic’s lien 's, laborer's, materialman's or other lien to be filed or recorded stand against the Premises, equipment Leased Premises for any labor or materials supplied material furnished to Tenant or claimed to have been supplied furnished to Tenant in connection with work of any character performed or claimed to have been performed on or about the Leased Premises by or at the request direction or sufferance of Tenant, whether or anyone holding not such work was performed or materials furnished with the Premisesconsent of Landlord. Tenant, or any portion thereofhowever, 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 (15) days after the date of filing or recording of the same. However, in the event Tenant desires to may contest the validity of any such lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, claim provided 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, shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (or such other security (in form as Landlord shall reasonably require) and content shall take all steps which may be reasonably satisfactory required to Landlord prevent any sale, foreclosure or Mortgagee) for the payment forfeiture of the full amount Leased Premises, the Building or the Project by reason of such liennonpayment, and from time to time deposit additional security so that, at all times, adequate security will be available for shall diligently prosecute the payment defense thereof. Upon a final determination of the full amount validity of the any such lien together or 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. If Tenant, in Landlord's opinion, shall fail or cease to diligently prosecute such action or if Tenant shall fail to pay any judgment or decree rendered (including all interest, penalties, costs, charges and Landlord's expenses, including court costs and other charges in respect thereof. If Tenant complies with the foregoingattorneys' fees), and Tenant continuesshall fail to cure such failure within ten (10) days after written notice from Landlord, in good faithLandlord may pay the entire amount of such claim or lien, or such judgment or decree rendered and other amounts set forth above, out of such deposit and shall return the remainder of such amount, if any, 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Stratagene Corp)

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for and in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, the Building and the project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or materials supplied or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding other than work performed by Landlord pursuant to the Premises, or any portion thereof, through or under TenantWorkletter. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the project, Tenant shall will cause the same such lien to be discharged of record within fifteen (15) 10 days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150 percent of the amount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment 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 any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Building or the project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Building, or that any action affecting title to the Building has been commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 15 days prior to the due date thereof commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in no event later than thirty (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 $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, by or any part thereof, to satisfy the samefor Tenant, Tenant shall be under no obligation will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to pay such lien until such time as the same has been decreed, by court order, to be a valid lien post notices of nonresponsibility or similar written notices on the Premises. The deposit held by Premises in order to protect 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 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 indemnify and defend Landlord Premises 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusliens.

Appears in 1 contract

Samples: Office Lease (Vanguard Airlines Inc \De\)

Mechanic’s Liens. (a) Except for liens Tenant will not permit to be created through or to remain undischarged any lien, encumbrance or charge arising out of any work of any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise which might be or become a lien or encumbrance or charge upon the act of LandlordPremises or any part thereof or the income therefrom, and Tenant shall will not suffer any other matter or permit thing whereby the estate, rights and interest of Landlord in the Premises or any mechanic’s part thereof might be impaired. If any lien on account of an alleged debt of Tenant or other lien any notice of contract by a party engaged by Xxxxxx or Xxxxxx's contractor to work on the Premises shall be filed or recorded against the Premises, equipment Building or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the PremisesLot, or any portion part thereof, through or under Tenant. If any such mechanic’s lien or other lien shall at any time be filed or recorded against within ten (10) days after notice of the Premises, or any portion thereof, filing thereof Tenant shall cause the same to be discharged of record within fifteen (15) days after the date of filing by payment or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thereofbond. If Tenant complies with shall fail to cause such lien to be discharged within the foregoing, and Tenant continuesperiod aforesaid then, in good faithaddition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to contest be due or by procuring the validity discharge of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof deposit or by bonding proceedings, and the sale or forfeiture of the Premises, or in any part thereof, to satisfy the same, Tenant such event Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor or to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest, costs and allowances. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any Any amount so paid by Landlord, together with Xxxxxxxx and all costs, fees and 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 including without limitation reasonable attorneys fees, incurred by Tenant to Landlord on demand by Landlordin connection therewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting rate specified in Paragraph 19(d) from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts respective dates of Landlord's making of the payment or incurring of the cost and expense, unless taken with the consent of Tenant or as a result of a default shall constitute Additional Rent payable by Tenant under this Lease) or the attempt Lease and shall be paid by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusimmediately upon demand.

Appears in 1 contract

Samples: Lease Agreement (Ibis Technology Corp)

Mechanic’s Liens. (a) Except Tenant will pay when due all costs for liens created through the act of Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment or work performed and materials supplied or claimed to have been supplied to the Premises. Tenant will keep Landlord, the Premises at and the request of TenantBuilding free from all liens, or anyone holding stop notices and violation notices relating to the Premises, Alterations or any portion thereofother work performed for, through materials furnished to or under obligations incurred by Tenant. If Tenant will indemnify, defend and hold harmless Landlord, the Premises and the Building of and from any such mechanicand all loss, cost, damage, liability and expense, including attorneys’ fees, arising out of or related to any liens or notices. Tenant will give Landlord not less than seven (7) business days prior written notice before commencing any Alterations in or about the Premises to permit Landlord to post appropriate notices of non-responsibility. Tenant will also secure, prior to commencing any Alterations, at Tenant’s expense, a completion and lien indemnity bond satisfactory to Landlord. During the progress of the Alterations, Tenant will, upon Landlord’s request, furnish Landlord with sworn contractor’s statements and lien waivers covering the Alterations. Tenant will satisfy or otherwise discharge all liens, stop notices or other lien shall at any time be filed claims or recorded against the Premises, or any portion thereof, Tenant shall cause the same to be discharged of record encumbrances within fifteen twenty (1520) days after the date of filing or recording of the same. However, Landlord notifies Tenant in the event Tenant desires to contest the validity of writing that any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 thatstop notice, 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 thereofclaim or encumbrance has been filed. If Tenant complies with fails to pay and remove such lien, claim or encumbrance within the foregoingtwenty (20) day period, Landlord, at its election, may pay 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 satisfy it 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 sums so paid by Landlord, together with all costsinterest from the date of payment at the Interest Rate, fees will be deemed to be Additional Rent due and 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 payable by Tenant to Landlord on demand by Landlord, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting from the assertion, filing, foreclosure without notice or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusdemand.

Appears in 1 contract

Samples: Lease (Syntax-Brillian Corp)

Mechanic’s Liens. (a) Except for This Lease and State law strictly forbids the filing of any liens created through the act of Landlordwhatsoever by any contractor, Tenant shall not suffer or permit any mechanic’s lien subcontractor, materialmen, laborer or other lien to be filed person for any work performed by or recorded against at the request of Tenant in or about the Premises, equipment or materials supplied or claimed . Notice of such prohibition may be given to have been supplied 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 and hold Landlord harmless from and against any such lien and any cost, damages, charges and expenses incurred in connection with any such lien, including, without limitation, attorneys fees. Nothing contained in this Section 14, or anyone holding the Lease, shall authorize Tenant to do any act which may create or be the foundation for any lien, mortgage or other encumbrance upon the 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 portion thereofalterations, through changes, additions, improvements or under Tenant. If any such mechanic’s lien or other lien shall at any time repairs to be filed or recorded against made in the Premises, or any portion thereof, Tenant shall cause the same materials to be discharged of record within fifteen (15) days after furnished or labor to be performed therein, neither Landlord nor the date of filing or recording of the same. HoweverPremises shall, in the event Tenant desires to contest the validity of under any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof)circumstances, 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) be liable 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 any expenses incurred or for the payment value of any work done or material furnished to the full amount Premises or any part thereof. Tenant shall, upon request of Landlord, deliver such documents as may be required by Landlord in order to effectuate the lien together with protection required by this Section; all interestsuch alterations, penaltieschanges, costs additions, improvements and other charges in respect thereof. If Tenant complies with the foregoing, repairs and materials and labor shall be at Tenant's expense; and Tenant continuesshall be solely and wholly responsible to contractors, in good faith, laborers and materialmen furnishing labor and materials 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 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 indemnify and defend Landlord against and save Landlord and inform every service or material provider of the Premises, and foregoing provisions prior to contracting with any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the assertion, filing, foreclosure of them for goods or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusservices.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. (a) Except Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic’s, laborer’s or materialman’s lien upon the Premises or the Property. Should any such lien or notice of lien be filed for liens created through the act of work performed for Tenant other than by Landlord, Tenant shall not suffer or permit any mechanic’s cause such lien or other notice of lien to be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or 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 by payment, deposit, bond or otherwise within fifteen twenty five (1525) days after the date of filing or recording Tenant obtains knowledge of the same. However, in the event Tenant desires to contest the validity filing thereof or after Tenant’s receipt of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 notice thereof, if such lien involves an amount in excess whichever is earlier, regardless 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 or claim. If Tenant shall operate fail to prevent cause such lien or claim to be discharged and removed from record within such twenty five (25) day period, then, without obligation to investigate the collection validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the sale lien or forfeiture of the Premisesclaim oil discharge it by payment, deposit, bond or any part thereof, to satisfy the same, Tenant otherwise; and Landlord shall be under no obligation entitled to pay such lien until such time as compel the same has been decreed, by court order, to be a valid lien on prosecution of an action for 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 foreclosure of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not by the lienor and to pay such lien during the period amount of Tenant’s contestthe judgment in favor of the lienor with interest and costs. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord, any amount Any amounts so paid by Landlord, together with Landlord and all costs, fees costs and expenses including, without limitation, attorneys’ fees incurred by Landlord 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 Landlordtherewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting a rate of ten percent (10%) per annum from the assertionrespective dates of Landlord’s making such payment or incurring such cost or expense, filingwhich shall constitute Additional Rent payable hereunder promptly upon demand therefor. Except as otherwise expressly set forth herein, foreclosure nothing in this Lease is intended to authorize Tenant to do or other legal proceedings with respect cause any work or labor to be done or any such mechanic’s lien or other lien (other than any liens resulting solely from materials to be supplied for the acts account of Landlord, unless taken with all of the same to be solely for Tenant’s account and at Tenant’s risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of Tenant any work or as a result of a default by Tenant under this Lease) services or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk furnishing of any criminal liability or otherwise adversely affect Landlord, materials for which any lien could be filed against the Premises or the CampusBuilding or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any mechanic’s, laborer’s or materialman’s lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic’s notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any mechanic’s lien.

Appears in 1 contract

Samples: Lease (Icon PLC /Adr/)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall not suffer have no authority or permit power, express or implied, to create or cause to be created any mechanic’s lien 's, materialmen's or other lien to lien, charge or encumbrance of any kind against any Leased Premises or the Project. Should any mechanic's, materialmen's or other lien, charge or encumbrance of any kind be filed or recorded against the Premises, equipment Leased Premises or materials supplied or claimed to have been supplied to the Premises at the request Project by reason of Tenant, 's acts or anyone holding the Premises, omissions or any portion thereof, through or under because of a claim against 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 cancelled or discharged of record by bond or otherwise within fifteen sixty (1560) days after the date of filing notice to Tenant by Landlord, or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than within thirty (30) days after notice to Tenant by Landlord if at the filing time of such notice Landlord anticipates a sale 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 refinancing of the full amount of such lien, and from time to time deposit additional security so that, at all times, adequate security Project will be available for the payment of the full amount of the lien together with all interest, penalties, costs closed within sixty (60) days after said notice (and other charges if Landlord includes that fact in respect thereofLandlord's notice to Tenant). If Tenant complies with shall fail to cancel or discharge said lien or liens within the foregoingtime provided pursuant to this Section 5.4, and Tenant continuesLandlord may, in good faithat its sole option, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale cancel or forfeiture of the Premises, or any part thereof, to satisfy discharge the same, and upon Landlord's demand, Tenant shall be under no obligation promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens. Except to pay the extent that such lien until such time as the same has been decreedcosts, by court orderlosses, 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 or liabilities are caused by Landlord's actions, 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 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 indemnify and defend hold Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all costs (including reasonable attorneys' fees and costs of suit), losses, costs, damages, expenses, liabilities, suitsor causes of action arising out of or relating to any alterations, penalties, claims, demands and obligations, including attorney’s fees, additions or improvements made by Tenant to the extent resulting from Leased Premises, including, but not limited to, any mechanic's or materialman's liens asserted in connection therewith. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the assertionLeased Premises or the Project shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, filingand that Landlord shall not be liable for any lien for any improvements made by Tenant, foreclosure such liability being expressly prohibited by the terms of this Lease. Landlord may file in the public records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and materialmen performing work in or other legal proceedings with for or supplying materials to the Leased Premises of the existence of the prohibition contained in this paragraph. With respect to any such mechanic’s lien Leased Premises located in the State of Florida, Landlord hereby NOTIFIES ALL MECHANICS, MATERIALMEN AND OTHER LIENORS THAT PURSUANT TO FLORIDA STATUTES (S)713.10, ANY LIENS UNDER FLORIDA XXXXXXXX XX. 000 XXXXX XXXXXX TO, AND ONLY TO, THE RIGHT, TITLE AND INTEREST OF THE PERSON WHO CONTRACTS FOR THE IMPROVEMENT IN QUESTION AND THAT NEITHER THE INTEREST OF LANDLORD NOR ANY SUPERIOR INTEREST IN SUCH PORTION OF THE LEASED PREMISES OR IN ANY OTHER PORTIONS OF THE BUILDING AND LAND OF WHICH THE LEASED PREMISES IS A PART SHALL BE SUBJECT TO LIENS FOR ANY IMPROVEMENTS, SERVICES OR MATERIALS MADE BY, CONTRACTED FOR OR OTHERWISE AUTHORIZED BY TENANT OR BY ANY EMPLOYEE, CONTRACTOR OR AGENT OF TENANT. Tenant agrees that prior to contracting for any improvements, services or other lien (other than any liens resulting solely from materials to be made in or delivered to Leased Premises located in the acts State of Florida, Tenant shall notify the contractor of the foregoing provisions. Tenant further agrees that upon request of Landlord, unless taken with Tenant shall execute a notice which sets forth the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest foregoing provisions, which notice may be prosecuted if it could subject recorded by Landlord to any civil liability or in the risk public records of any criminal liability or otherwise adversely affect Landlord, the county where the applicable portion of the Leased Premises or the Campusis located.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Mechanic’s Liens. Tenant shall pay or cause to be paid all costs and charges for work (a) Except for liens created through the act of Landlord, done by Tenant shall not suffer or permit any mechanic’s lien or other lien caused to be filed done by Tenant, in or recorded against to the Premises, equipment and (b) for all materials furnished for or materials supplied in connection with such work. Tenant shall indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenantother than work performed by Landlord pursuant to this Lease. If any such mechanic’s lien or other lien shall lien, at any time be time, is filed or recorded against the Premises, Premises or any portion thereofpart of the Project, Tenant shall cause the same such lien to be discharged of record within fifteen ten (1510) days after the date filing of filing or recording of the same. Howeversuch lien, in the event except that if Tenant desires to contest such lien, it shall deliver to Landlord, within such 10-day period, at least one hundred percent (100%) of the amount of the claim, plus estimated costs and interest, by cashier's check or certified funds, which shall be held by Landlord as security to insure payment of the lien and to prevent any sale of the Project by foreclosure or otherwise by reason of such lien, or, at Tenant's option, Tenant may within such time cause such lien to be insured over or bonded over, by a title insurance or bonding company and in an amount reasonably satisfactory to Landlord. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant fails to pay any charge, cost or expense for which a mechanics' lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before immediately give Landlord written notice of such notice. At least fifteen (15) days prior to the due date thereof commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in no event later than thirty or to the Premises, by or for Tenant, Tenant shall give Landlord (30i) days after written notice of the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and (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 two copies of Tenant’s contest. However, if Landlord pays 's plans and specifications 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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campuswork.

Appears in 1 contract

Samples: Office Lease Between (Quest Software Inc)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or 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 other 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 filed released of record, or recorded against (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 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, equipment 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 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 supplied at or claimed to have been supplied to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives 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 Tenant, a Tenant Party. This indemnity provision shall survive termination or 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 expiration of record within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Lease Agreement (Intermolecular Inc)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlordan authorized Tenant Party in writing shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment Premises or materials supplied or claimed to have been supplied to the Premises at the request Project in connection therewith. Upon completion of Tenant, or 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 thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either: (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record; or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand 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, together with ’s interest thereon at 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 Overdue Ratecost of such work. Tenant shall indemnify indemnify, defend and defend Landlord against and save Landlord and hold harmless Landlord, its property manager, any subsidiary or affiliate of the Premisesforegoing, and any portion thereoftheir respective officers, harmless directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys’ fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. The foregoing indemnity shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Lease Agreement (Triangle Capital CORP)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall will not suffer or permit any mechanic’s lien 's, laborer's or other materialman's lien to be filed or recorded against the Land, Building, or Premises, equipment or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If ; and if any such mechanic’s lien or other lien shall at any time be filed or recorded against filed, Tenant, within ten (10) days after notice of the Premises, or any portion filing thereof, Tenant shall cause the same 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 fail to cause such lien to be discharged within fifteen (15) days after the date period aforesaid, then in addition to any other right or remedy, Owner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of filing such lien by deposit or recording by bonding or other proceedings. Owner may at its option and without waiving any of the same. However, its rights set forth in the event immediately preceding sentence, permit Tenant desires to contest the validity of any such lien it or claim, provided that in such circumstances the Tenant shall (i) on or before fifteen (15) days prior to at its expense defend itself and Owner against the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, same and shall pay and satisfy any such adverse judgment that Tenant intends to so contest same; (ii) on or may be rendered thereon before the due date thereofenforcement thereof against the Owner, if such lien involves the Premises or the building, provided further that Owner may at any time require the Tenant to post a bond with an entity satisfactory to Owner in an amount in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security on and one-half (in form and content reasonably satisfactory to Landlord or Mortgagee1.5) for times 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 or to deposit with all interest, penalties, costs the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and other charges in respect thereofdischarge of the lien. If Tenant complies shall not immediately make such payment upon the request of Owner, Owner may make said payment in the amount so paid together with interest thereon from the foregoingdate of payment and all legal costs and charges, and Tenant continues, including attorney fees incurred by Owner 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 connection with said payment shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to deemed Additional Rent and shall be a valid lien payable on the Premisesnext date on which a base rental installment is due. 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 Any amount so paid by LandlordOwner, together with plus all costs, fees of Owner's costs and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)associated therewith, shall be repaid paid by Tenant to Landlord Owner on demand by Landlorddemand, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting Reimbursement Interest Rate from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campusdue date until paid.

Appears in 1 contract

Samples: Lease Agreement (Cet Environmental Services Inc)

Mechanic’s Liens. (a) Except for liens created through Notwithstanding anything to the act of contrary contained in this Lease, Tenant, its successors and assigns, warrant and guarantee to Landlord, Tenant shall not suffer or permit its successors and assigns, that if any mechanic’s 's lien or other lien to shall be filed or recorded against the PremisesBuilding of which the Demised Premises form a part, equipment or materials supplied or for work claimed to have been supplied done for, or materials claimed to have been furnished to, Tenant (a) the Premises same shall be discharged by Tenant, by either payment, by bond or otherwise, at the request sole cost and expense of Tenant, or 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 (15) days after the date of filing or recording of the same. Howevergiving of notice thereof by Landlord, (b) either a release or a satisfaction of lien, as the case may be, shall be filed with the County Clerk of the county in which the event Tenant desires Building is situated within such seven (7) day period, and (c) a copy of such release or satisfaction, as the case may be, certified to contest the validity of any lien it by such County Clerk shall be delivered to Landlord within three (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (303) days after such filing. In the filing or recording thereof)event such mechanic's lien is not discharged timely, notify Landlordas aforesaid, 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) may discharge same for the payment account of and at the full amount expense of such lienTenant by payment, and from time bonding or otherwise, without investigation as to time deposit additional security so that, at all times, adequate security will be available for the payment validity thereof or of the full amount of the lien together with all interest, penalties, costs and other charges in respect thereof. If Tenant complies with the foregoingany offsets or defenses thereto, 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 promptly reimburse 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 undertakingsas Additional Rent, 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, disbursements, fees and expenses expenses, including without limitation, legal fees, incurred 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 Landlordwith so discharging said mechanic's lien, together with interest thereon at from the Overdue Ratetime or times of payment until reimbursement by Tenant. Tenant shall, within five (5) days of demand therefor by Landlord, pay to Landlord as Additional Rent, the sum of One Thousand ($1,000) Dollars on account of Landlord's legal fees and disbursements, but the foregoing shall indemnify not limit the extent of Tenant's liability as set forth above. In the event such mechanic's lien is not discharged timely, as aforesaid, Landlord, in addition to all other rights granted to Landlord in this Lease and defend without limitation, may institute a dispossess summary proceeding based upon such failure to discharge any such lien. In the event Tenant fails to deliver to Landlord against the certified copy of the release or satisfaction required hereunder within the time period provided for the delivery thereof to Landlord, Landlord shall have the right to assume that such mechanic's lien has not been discharged and save Landlord shall have all of the rights and remedies provided for herein based upon Tenant's failure to discharge any such lien. It is further expressly understood and agreed between the parties hereto that Landlord may apply all or a portion of the security deposit made by Tenant hereunder toward discharging any such mechanic's lien and the Premises, and any portion thereof, harmless from and against all losses, costs, damagescost, expenses, liabilitiesfees and disbursements, suitsincluding, penaltieswithout limitation, claims, demands and obligations, including attorney’s legal fees, to in connection therewith. Upon notification by Landlord of the extent resulting from application of all or a portion of the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.security deposited by

Appears in 1 contract

Samples: Getty Images Inc

Mechanic’s Liens. The Tenant will not permit to be created nor to remain undischarged any lien, encumbrance or charge (aarising out of any work of any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise) Except for liens created through which might be or become a lien or encumbrance or charge upon the act Demised Premises or any part thereof or the income therefrom, and the Tenant will not suffer any other matter or thing whereby the estate, right and interest of Landlord, the Landlord in the Demised Premises or any part thereof might be impaired. Tenant shall not suffer deliver to all persons or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment entities furnishing labor or materials supplied or claimed to have been supplied Tenant a notice of non-responsibility of Landlord satisfactory to the Premises at the request Landlord. Landlord may file a notice of non-responsibility with respect to mechanics liens, which may result from Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant’s work. If any such mechanic’s lien or other notice of lien on account of an alleged debt of the Tenant or any notice of contract by a party engaged by the Tenant or Tenant's contractor to work on the Demised Premises shall at any time be filed or recorded against the Premises, Demised Premises or any portion part thereof, Tenant shall the Tenant, within ten (10) days after notice of the filing thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Tenant shall fail to cause such lien or notice of lien to be discharged within fifteen (15) days after the date of filing or recording of the same. Howeverperiod aforesaid, then, in addition to any other right or remedy, the event Tenant desires Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to contest be due or by procuring the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (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 $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 discharge of such lien by appropriate legal proceedings which deposit or by bonding proceedings, and in any such event the Landlord shall operate be entitled, if the Landlord so elects, to prevent compel the collection thereof prosecution of an action for the foreclosure of such lien by the lienor and to pay the sale or forfeiture amount of the Premisesjudgment in favor of the lienor with interest, 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 Premisescosts and allowances. The deposit held Any amount so paid 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 costs and expenses including attorneys’ fees, incurred by the Landlord 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 Landlordtherewith, together with interest thereon at the Overdue Rate. Tenant shall 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 the extent resulting maximum legal rate from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from respective dates of the acts Landlord's making of Landlord, unless taken with the consent payment of Tenant or as a result incurring of a default the cost and expense shall constitute Additional Rent payable by the Tenant under this Lease) or Lease and shall be paid by the attempt by Tenant to the Landlord on demand. Nothing herein contained shall obligate the Tenant to pay or discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or lien created by the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Center Lease Agreement

Mechanic’s Liens. Tenant will pay or cause to be paid all costs and charges for: (ai) Except work done by Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnished for liens created through the act of or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed or recorded against the Premises, equipment and the Project free, clear and harmless from and against, all mechanics’ and materialmen’s stop notices, liens and claims of liens (collectively, “Liens”), and all other liabilities, liens, claims, and demands on account of such work by or materials supplied or claimed to have been supplied to the Premises at the request on behalf of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall Lien, at any time be time, is filed or recorded against the Premises, or any portion thereofpart of the Project, Tenant shall will cause the same such Lien to be discharged of record within fifteen (15) 30 days after the date of filing or recording Tenant receives notice of the same. Howeverfiling of such Lien, either by resolving the matter and causing a release to be recorded in the event Official Records of the County in which the Project is located, or by recording a mechanic’s lien release bond in accordance with the provisions of Civil Code Section 8424. If Tenant desires fails to contest timely cause the Lien to be removed as described above, Landlord may, at its option, pay to the claimant all amounts necessary to discharge the Lien, regardless of the validity or enforceability of the claim, together with any actual related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such Lien, will be due within 30 days of Landlord’s invoice or statement from Tenant to Landlord as Additional Rent. If Tenant reasonably requests additional documentation or information regarding the charges set forth in such invoice or statement, then Landlord shall promptly provide such documentation or information (which may be provided by email) as Landlord reasonably determines appropriate to substantiate such charges. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in all or any portion of the Project to liability under any Lien or to any other lien law. If Tenant receives notice that a Lien has been or is about to be filed against the Premises or any part of the Project, or that any action affecting title to the Project has been commenced to enforce a Lien or otherwise on account of work done by or for or materials furnished to or for Tenant, it shall (i) on or before fifteen (15) will immediately give Landlord written notice of such notice. At least 10 business days prior to the due date thereof commencement of any work (including, but not limited to, any repairs or Alterations) in no event later than thirty (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 $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, by or for Tenant or any part thereof, to satisfy the sameparty claiming through Tenant, 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 will give Landlord may be used to discharge the lien and any surplus deposit retained by Landlord, after the payment written notice of the lien shall be repaid proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to Tenant. Provided that nonpayment post notices 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. Howevernon-responsibility or similar notices, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlordapplicable, any amount paid by Landlord, together with all costs, fees and 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 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 the extent resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or in the Campuspublic records in order to protect the Premises and Project against such Liens.

Appears in 1 contract

Samples: Office Lease (Bill.com Holdings, Inc.)

Mechanic’s Liens. (a) Except for liens created through All work performed, materials furnished, or obligations incurred by or at the act request of Landlorda Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s lien or other lien liens to be filed or recorded against the Premises, equipment Premises or materials supplied or claimed to have been supplied to the Premises at the request Project in connection therewith. Upon completion of Tenant, or 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 thereofwork, Tenant shall cause the same deliver to be discharged of record Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after 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 fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (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 earlier time to time deposit additional security so that, at all times, adequate security will period as may 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 necessary to prevent the collection thereof and the sale or forfeiture of the Premises, Project or any part thereofinterest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), to satisfy either: (1) pay 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 amount of the lien and any surplus deposit retained by Landlord, after the payment of cause the lien shall to be repaid to Tenant. Provided that nonpayment released of record; or (2) diligently contest such lien does not cause and deliver to Landlord a bond or other security reasonably satisfactory to be in violation of Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any of its contractual undertakingsamounts so paid, 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 including expenses and expenses in connection therewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses)interest, shall be repaid paid by Tenant to Landlord on demand within thirty (30) 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 OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 12 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, together with ’s interest thereon at 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 Overdue Ratecost of such work. Tenant shall indemnify indemnify, defend and defend Landlord against and save Landlord and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the Premisesforegoing, and any portion thereoftheir respective officers, harmless directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all lossesclaims, costsdemands, damages, expenses, liabilitiescauses of action, suits, penaltiesjudgments, claims, demands damages and obligations, expenses (including attorney’s attorneys’ fees, ) in any way arising from or relating to the extent resulting from failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord, unless taken with the consent of Tenant or as a result request of a default by Tenant under Party. The foregoing indemnity shall survive termination or expiration of this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord to any civil liability or the risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

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