Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 7 contracts

Samples: Office Lease (ESSA Pharma Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.)

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Mechanic’s Liens. 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 may result in liens on Landlord's interest therein. Tenant will keep the Property and Premises free from and clear of all mechanics' 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, costs or expenses, including attorneys' fees and interest incurred on account of any mechanic’sclaims of any nature whatsoever, materialman’sincluding lien claims of laborers, materialmen, or similar others for work performed for, or for materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or other recorded against the Premises for work or materials supplied to Tenant, or should any action affecting the title thereto be commenced, Tenant shall cause such encumbrancesliens to be removed of record within 30 days after notice from Landlord. If Tenant desires to contest any claim of lien, including Tenant shall furnish to Landlord adequate security in the liens amount of 100% of the amount of the claim, plus estimated costs and interest, and, if a final judgment establishing the validity or existence of any security interest inlien for any amount is entered, conditional sales ofTenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of not have caused the same to be released of record or in connection with shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs or obtain a bond or title insurance protection against such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbranceso paid, without being responsible for investigating the validity thereof. The amount so paid together with reasonable attorneys' fees incurred in connection therewith, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize immediately due from Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 4 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

Mechanic’s Liens. The Tenant will not permit, during the term hereby granted, any mechanic's or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to attach to or affect the Premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the Property Premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any mechanic’ssuch work, materialman’slabor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed in and constituting part leasehold estate of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may upon the land or building of which they are a part or the improvements now erected or hereafter to be necessary under applicable Laws)erected upon the Premises or the land, in order to afford Landlord or building of which the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordPremises are a part; and if any such mechanic's or other lien or order shall be filed against the Premises or the land or building of which the Premises are a part, the Tenant shall, within sixty (60) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within sixty (60) days after the filing thereof, the Landlord may may, after five (5) days' notice to Tenant, pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all reasonable attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by the Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in payable by the Premises and shall in all respects be subordinate to Landlord’s title Tenant to the Property and PremisesLandlord on demand, together with interest as aforesaid as additional rent.

Appears in 3 contracts

Samples: Lease (Getty Images Inc), Getty Images Inc, Getty Images Inc

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefore without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 3 contracts

Samples: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

Mechanic’s Liens. Tenant will not permit, during the term hereby granted, any mechanic’s or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to, attach to or affect the demised premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Owner herein, or the building. The Tenant’s obligation to keep the Property demised premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Owner to the furnishing of any mechanic’ssuch work, materialman’slabor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed leasehold estate of the Owner in and constituting the demised premises or upon the land or building of which they are a part of the Premisesimprovements now erected or hereafter to be erected upon the demised premises or the land or building of which the demised premises are a part; and if any such mechanic’s or other lien or order shall be filed against the demised premises or the land or building of which the demised premises are a part, the Tenant shall, within thirty (30) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in connection with any Tenant’s Changes on or respecting a proper proceeding according to law. If the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfail to take such action, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any not cause such lien or encumbrance by bond or otherwise order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, Landlord the Owner may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Owner, including all reasonable attorney’s fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.

Appears in 3 contracts

Samples: Agreement of Lease (Teavana Holdings Inc), Agreement of Lease (Teavana Holdings Inc), Agreement of Lease (Teavana Holdings Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens 's lien or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of lien to be filed against the Premises, in connection with or any Tenant’s Changes on portion thereof, by reason of work, labor, skill, services, equipment or respecting materials supplied or claimed to have been supplied to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsTenant, or costs (including attorneys’ fees) arising out of anyone holding the same Premises, or in connection with any portion thereof, by through or under Tenant. If any such lien, security interest, conditional sale mechanic's lien or chattel mortgage other lien at any time shall be filed against the Premises or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any portion thereof, Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by the date Tenant first becomes aware of the filing of the same, at Tenant's election, shall cause said lien either to be discharged of record or to be bonded over in a manner which is reasonably acceptable to Landlord; and if . If Tenant shall fail to do sodischarge such mechanic's lien or liens or other lien or to bond over the same within such period, then Landlord may pay may, but shall not be obligated to, discharge the same by paying to the claimant the amount necessary claimed to remove be due or by procuring the discharge of such lien as to the Premises by deposit of a cash sum or encumbrancea bond or other security, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorneys' fees), together with interest thereon at the Maximum Rate of Interest, shall be repaid by Tenant to Landlord within thirty (30) days after demand therefor. Tenant shall indemnify, defend and hold harmless Landlord and the Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without being responsible for investigating limitation, reasonable attorneys' fees, resulting from the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandassertion, without limitation as to filing, foreclosure or other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises legal proceedings with respect to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a such mechanic's lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesother lien.

Appears in 3 contracts

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

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s8.1 Lessee will not create or permit to be created, or similar liens to remain, and will promptly discharge, at its sole cost and expense, any lien, encumbrance or other such encumbrances, including charge upon the liens of leased property or any security interest in, conditional sales ofpart thereof, or chattel mortgages uponupon Lessee's leasehold interest therein, any materialsexcept such as are created by the Lessor or the First Mortgagee. Provided however that, fixturesafter first having obtained First Mortgagee's prior written approval, Lessee shall have the right, at its own expense, to 9 contest by legal proceedings or articles so installed in and constituting part of the Premisesotherwise, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestencumbrance or charge upon the leased premises, conditional sale or chattel mortgage the underlying claim giving rise to any such lien, encumbrance or charge, in its own name, or in the name of Lessor or in both names, as Lessee shall deem necessary. During the period of any such contest or proceedings, Lessee shall not be deemed in default under this Lease solely because of the existence of any such lien, encumbrance or charge upon the leased premises. Nothing in this lease contained shall be construed as constituting the consent or request of Lessor, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or construction, alteration, addition, repair or demolition of or to the leased premises or any action part thereof. Notice is hereby given that Lessor will not be liable for any labor, services or proceeding brought thereonmaterials furnished or to be furnished to Lessee, or to anyone holding the leased premises or any part thereof through or under Lessee, and that no mechanic's or other liens for any such labor or materials shall attach to or affect the interest of Lessor or the First Mortgagee in and to the leased premises. Tenant Lessor shall give Landlord written notice at least have the right to require Lessee to remove any mechanic's lien, on twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)notice, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by providing a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesLessee's expense.

Appears in 3 contracts

Samples: Lease (Spartan Stores Inc), Lease (Spartan Stores Inc), Lease (Spartan Stores Inc)

Mechanic’s Liens. Tenant shall keep the Property pay or cause to be paid all costs and Premises free from any mechanic’scharges for work (a) done by Tenant or caused to be done by Tenant, materialman’s, in or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ feesb) arising out of the same for all materials furnished for or 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 on behalf of Tenant, other than work performed by Landlord pursuant to this Lease. If any such lien, security at any time, is filed against the Premises or any part of the Project, Tenant shall cause such lien to be discharged of record within thirty (30) days after the filing 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 Tenant does not cause such lien to be discharged of record within thirty (30) days after the filing of such lien, Landlord may, at its option, pay such charge and related costs and interest, conditional sale 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 chattel mortgage 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 proceeding brought thereon. Tenant for or materials furnished to or for Tenant, it shall immediately give Landlord written notice at of such notice. At least twenty fifteen (2015) days prior to the commencement of any work on (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall give Landlord (i) written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and (ii) two (2) copies of Tenant’s Change in plans and specifications for such work. Landlord will have the right to post notices of nonresponsibility or similar written notices on the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord protect the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove Premises against any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesliens.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Zillow Inc)

Mechanic’s Liens. Landlord and Tenant shall keep covenant to each other that they will not permit any lien to be filed against the Property and Premises free from any mechanic’s, materialman’sor the Shopping Center as a result of nonpayment for, or similar liens disputes with respect to, labor or other such encumbrancesmaterials furnished to the Premises or the Shopping Center as a result of nonpayment for, or disputes with respect to, labor or materials furnished to the Premises or the Shopping Center for or on behalf of Tenant, Landlord or any party claiming by, through, or under Tenant or Landlord, nor shall either party permit any judgment, lien or attachment to lie, as applicable, against the Premises or the Shopping Center. Should any lien of any nature, including but not limited to the liens of any security interest inforegoing, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting be filed against the Premises not performed by or at Shopping Center, the request party on account of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any whose actions such lien or encumbrance by bond or otherwise has been filed shall, within thirty (30) days after receipt of written notice of such lien, cause said lien to be removed, or otherwise protected against execution during good faith contest by Landlord; (i) posting a bond therefor, (ii) escrowing adequate funds to cover the claim and if related transaction costs or (iii) taking such other action as may be permissible under applicable title insurance regulations and reasonably acceptable to the other party hereto. Furthermore, to the extent Landlord or Tenant shall fail is unable to do soobtain owner's or leasehold title insurance, Landlord as the case may pay the amount necessary to remove such lien be, or encumbrancean endorsement thereto, without being responsible for investigating mechanic's liens shown on "Schedule B" therein, due to a mechanic's lien attributable to work of Landlord or Tenant, such party shall provide the validity thereofnecessary indemnity to the title company to allow the party seeking the insurance to obtain such insurance without the mechanic's liens listed as an exception to title. The amount so paid Notwithstanding the foregoing, Landlord's obligations under the preceding two sentences shall be deemed Additional Rent under this Lease payable upon demand, without limitation as only apply to other remedies available liens filed that have a priority of record to Landlord under this Lease. Nothing contained in this Lease Furthermore, Landlord and Tenant shall authorize Tenant to do any act which shall subject Landlord’s title indemnify, defend (with counsel reasonably acceptable to the Property party being defended) and hold harmless, the other party hereto against all claims, costs, liability, or Premises to any liens or encumbrances, whether claimed expense resulting from the breach by operation such indemnifying party of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits obligations under this paragraph 13.

Appears in 2 contracts

Samples: Agreement (Basic Us Reit Inc), Agreement (Basic Us Reit Inc)

Mechanic’s Liens. If Tenant makes any alterations or improvements in the Premises, Tenant shall keep pay for same when made. Nothing in the Property and Premises free from Lease shall be construed to authorize Tenant or any mechanic’sperson dealing with or under Tenant, materialman’sto charge the Rents, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofPremises, or chattel mortgages upon, the interest of Landlord in the Premises or any materials, fixtures, person under or articles so installed through whom Landlord has acquired its interest in and constituting part the estate of the 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 connection with the making of any Tenant’s Changes on such alterations or respecting improvements to the Premises, but, to the contrary, the right or power to charge any lien, claim or encumbrance of any kind against the Rent or the Premises is denied. Landlord shall have the right, but not performed the obligation, to notify all persons or entities supplying labor or materials for Tenant to the Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Premises is not subject to impression of a lien with respect thereto. So long as the laws of the State in which the Premises is located shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against materialmen's lien is threatened by any claims, liabilities, judgementscontractor, or costs (including attorneys’ fees) arising out in the event of the same or in connection with filing of a notice of any such lien, security interestTenant shall promptly pay same and take steps immediately to have the same removed. If the same is not removed within ten (10) days from the date of written notice from Landlord, conditional sale or chattel mortgage Landlord shall have the right, at Landlord's option, of paying the same or any action portion thereof and the amounts so paid, including attorneys' fees and expenses associated therewith and interest at the Default Rate on any sums and expenses paid or proceeding brought thereonadvanced from the date of expenditure by Landlord until the date of reimbursement by Tenant, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a xxxx for same. Tenant shall give indemnify and save harmless Landlord written notice at least twenty (20) days prior to the commencement from and against all losses, claims, damages, costs and expenses suffered by Landlord by reason of work on any repairs, installations or improvements made by Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: By and Between (American Barge Line Co), Security Side Letter Agreement (American Barge Line Co)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including reasonable attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordLandlord or at the conclusion of any contested matter not resolved in Tenant’s favor; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Office Lease (Sunesis Pharmaceuticals Inc), Office Lease (Sunesis Pharmaceuticals Inc)

Mechanic’s Liens. If Tenant performs or orders (other than through Landlord or Landlord’s contractors) any construction or other work on or about the Leased Space for which a lien could be filed against the Leased Space or the Building, Tenant shall keep obtain from the Property contractor who performs such work a release of any liens which could be filed under the Mechanics’ Lien Law of the Commonwealth of Pennsylvania for such work which has been completed and Premises free paid for by Tenant, at the time of payment, and obtain similar releases from all subcontractors, sub-subcontractors and material suppliers. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including lien shall be filed against the liens of any security interest in, conditional sales of, Leased Space or chattel mortgages upon, any materials, fixtures, the Building purporting to be for labor or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on material furnished or respecting the Premises not performed by or to be furnished at the request of the Tenant other than through Landlord and or Landlord’s contractors, then Tenant shall indemnifyat its expense cause such lien to be discharged of record by payment, defendbond or otherwise, protectwithin fifteen (15) days after Tenant receives notice of the filing thereof. If Tenant shall fail to cause such lien to be discharged by payment, bond or otherwise within such period, Landlord may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and hold Tenant shall, upon demand, reimburse Landlord harmless from for all amounts paid and against any claimscosts incurred, liabilities, judgements, or costs (including attorneys’ fees, in having such lien discharged of record. If, however, Tenant notifies Landlord during such fifteen (15) arising out day period that it disputes the validity of the same or such lien and provides security reasonably acceptable to Landlord in connection with any an amount which is sufficient to discharge such lienlien in full, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant Landlord shall give Landlord written notice at least refrain from satisfying such lien for a period not to exceed one hundred twenty (20120) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdays.

Appears in 2 contracts

Samples: Lease (Viropharma Inc), Viropharma Inc

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsjudgments, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Office Lease (Loxo Oncology, Inc.), Office Lease (Envivio Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, 's or materialman’s's lien shall at any time be filed against the Demised Premises or any part thereof, or similar liens any encumbrance, charge, mortgage, title retention or other such encumbrancessecurity agreement be filed against the Demised Premises or any part thereof, including the liens by reason of any security interest inwork, conditional sales oflabor or services, or chattel mortgages uponmaterials or equipment furnished to or for Lessee, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee within thirty (30) days after written notice of the filing thereof, will cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to do socause any of the foregoing to be discharged within said period then, Landlord may in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same whether by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Lessor shall be entitled, if Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor, and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Lessor and all costs and expenses incurred by Lessor in connection therewith, together with interest thereon at the legal rate then obtaining from the respective dates of Lessor's making of the payment or incurring of the costs and expense, shall be deemed Additional Rent constitute additional rent payable by Lessee under this Lease payable upon and shall be paid to Lessor by Lessee on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained shall obligate Lessee to pay or discharge any lien created by Lessor. Nothing in this Lease shall authorize Tenant to do be deemed or construed in any act which shall subject Landlord’s title to way as constituting the Property consent or Premises to any liens or encumbrancesrequest of Lessor, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to a lien any contractor, subcontractor, laborer or encumbrance upon materialman for the Property performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises arising in connection with or any Work on part thereof, nor as giving Lessee any right, power or respecting authority to contract for or permit the Premises not performed by rendering of any services or at the request furnishing of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title any materials that would give rise to the Property and Premisesfiling of any lien against the Demised Premises or any part thereof.

Appears in 2 contracts

Samples: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)

Mechanic’s Liens. Tenant Tenant, at its expense, shall keep discharge any lien or charge filed against the Premises or the Real Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on work claimed or respecting the Premises not performed determined in good faith by Landlord to have been done by or on behalf of, or materials claimed or determined in good faith by Landlord to have been furnished to, Tenant, within 30 days after Tenant's receipt of notice thereof by payment, filing the bond required by law or otherwise in accordance with law. If any such liens so attach and Tenant fails to pay and remove same or contest same as provided herein, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the request Interest Rate, as provided under Section 3.4 hereof for amounts owed Landlord by Tenant. Such sums shall be deemed to be additional rent due and payable by Tenant at once without notice or demand. Notwithstanding the foregoing prohibition against liens against the Premises, Tenant may in good faith and with reasonable diligence contest the validity or amount of Landlord any lien and defer payment and discharge thereof during the pendency of such contest, provided: (i) that such contest shall indemnify, defend, protect, and hold Landlord harmless from and against have the effect of preventing the sale or forfeiture of the Real Property of any claims, liabilities, judgementspart thereof, or costs (including attorneys’ fees) arising out of the same or in connection with any interest therein, to satisfy such lien; (ii) that, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordTenant has been notified of the filing of such lien, Tenant shall have notified Landlord in writing of Tenant's intention to contest such lien; and if (iii) that, at Landlord's option, Tenant shall have obtained a title insurance endorsement over such lien insuring Landlord, Mortgagee and Lessor against loss or damage by reason of the existence of such lien or Tenant shall have deposited or caused to be deposited a sum of money which shall be sufficient in the reasonable judgment of Landlord to pay in full such lien and all interest which might become due thereon, and shall keep on deposit an amount so sufficient at all times, increasing such amount to cover additional interest whenever, in the reasonable judgment of Landlord, such increase is advisable. If Tenant shall fail to do somaintain or cause to be maintained sufficient funds on deposit as hereinabove provided, shall fail to prosecute such contest or cause such contest to be prosecuted with reasonable diligence, or shall fail to pay or cause to be paid the amount of the lien plus any interest finally determined to be due upon the conclusion of such contest, Landlord may pay may, at its option, apply the money as deposited in payment of or on account of such lien, or that part thereof then unpaid, together with all interest thereon. If the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount of money so paid deposited shall be deemed Additional Rent under this Lease payable insufficient for the payment in full of such lien, together with all interest thereon, Tenant shall forthwith, upon demand, without limitation as to other remedies available to deposit with Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title a sum which, when added to the Property or Premises to any liens or encumbrancesfunds then on deposit, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest sufficient to make such payment in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesfull.

Appears in 2 contracts

Samples: Agreement (Imanage Inc), Agreement (Imanage Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 2 contracts

Samples: Office Lease Agreement (Graymark Healthcare, Inc.), Industrial Building Lease Agreement (Amedica Corp)

Mechanic’s Liens. Tenant shall pay for all work done on the Premises by Tenant or at its request of a character which may result in liens on Landlord’s or Tenant’s interest and Tenant will keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectall mechanics’ liens, and hold other liens on account of such work. Tenant indemnifies, defends, and saves Landlord harmless from and against any claimsall liability, liabilitiesloss, judgementsdamage, or costs (expenses, including attorneys’ fees) arising out , on account of any claims of laborers, materialmen or others for work performed or for materials or supplies furnished to Tenant or persons claiming under Tenant. If any lien is recorded against the same Premises or in connection with any such lien, security interest, conditional sale or chattel mortgage Real Property or any action suit affecting title thereto is commenced as a result of such work, or proceeding brought thereon. supplying of materials, Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any cause such lien or encumbrance by bond or otherwise to be removed of record within thirty fifteen (3015) days after written notice by Landlord; and if from Landlord or Tenant shall fail post a sufficient bond against the same in an amount equal to do soone hundred fifty percent (150%) of the claimed mechanic’s lien designating Landlord as the beneficiary thereof. If Tenant desires to contest any claim, Tenant must furnish Landlord adequate security of 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 of any lien is entered, Tenant shall promptly pay and satisfy the same. If Tenant fails to proceed as aforesaid, Landlord may pay such amount and any costs, and the amount necessary to remove such lien or encumbrancepaid, without being responsible for investigating the validity thereof. The amount so paid together with reasonable attorneys’ fees incurred, shall be deemed Additional Rent under this Lease payable to Landlord upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Lease, Lease (Constant Contact, Inc.)

Mechanic’s Liens. Section 11.1 Tenant shall keep the Property and Premises free from not suffer nor permit any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrancesliens to be filed against the Building, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's leasehold interest in the Premises and shall in all respects be subordinate by reason of work, labor, services or materials supplied or claimed to Landlord’s title have been supplied to the Property Tenant or anyone holding the Premises or any part thereof through or under the Tenant The Landlord shall have the right at all times to post any notice which the Landlord may deem to be necessary or advisable for the protection of the Landlord and the Building from mechanics' liens. If a mechanics' lien shall be filed against the Premises, Tenant shall discharge it within sixty (60) days after the filing date, except that if Tenant desires to contest such lien, it will comply with such statutory procedures as may be available to release the lien within sixty (60) days after filing date. 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 and charge for which a mechanics' lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, then, in addition to any other rights or remedies available, Landlord may, but shall not be obligated to, discharge the amount claimed to be due or cause the lien to be released in any other manner. Any amount paid by Landlord with respect thereto, and all attorneys' fees and costs of the Landlord, with interest at the rate of one and one half percent (1.5%) per month, shall upon demand be paid by the Tenant to the Landlord.

Appears in 2 contracts

Samples: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22 hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (SEACOR Marine Holdings Inc.), Office Lease Agreement (Wageworks, Inc.)

Mechanic’s Liens. 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 by Tenant on the Premises. Tenant shall keep the Property and Premises free from any mechanic’sliens and shall pay when due all bills arising out of any work performed, materialman’smaterials furnished, or similar liens obligations incurred by Tenant or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of Tenant’s Parties relating to the Premises, in connection . If any claim of lien is recorded with any Tenant’s Changes on or respecting the Premises not respect to work performed by or at the request on behalf of Landlord and Tenant or Tenant’s Parties, Tenant shall indemnify, defend, protect, and hold Landlord harmless from and bond against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of discharge the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty within ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Tenant has received notice by Landlord; and if Tenant shall fail to do so, Landlord may pay that the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting same has been recorded against the Premises not performed by or at the request of Landlord shall be null and void, orhave the right, at Landlord’s option, if Tenant has not bonded against or removed the lien within the ten (10)- day period, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the Interest Rate, shall attach only be Additional Rent due and payable within five (5) days after receipt of the xxxx therefor. Should any lien be filed against Tenant’s the Premises or any action be commenced affecting title to the Premises, the party receiving notice of such lien or action shall promptly give the other party written notice thereof. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect and hold Landlord harmless from any and all loss, cost or expense based on or arising out of claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises and shall in all respects be subordinate or this Lease arising from the act or agreement of Tenant. Tenant agrees to Landlord’s title to give Landlord prompt written notice of the Property and placing of any lien or encumbrance against the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Palmsource Inc), Lease Agreement (Palm Inc)

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant's sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’sliens arising out of work performed, materialman’smaterials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or similar liens other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or other creditor of Tenant will upon its face or by exhibit thereto indicate that such encumbrancesFinancing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. In connection with any improvements made by the Tenant to the Premises: (a) Tenant shall not allow any Notice of Commencement to be filed pursuant to Section 713.13, Florida Statutes, 2006, unless the form and content thereof (including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part description of the Premises, ) is approved in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice writing by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable (b) upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord Landlord, any liens filed shall be null and voidtransferred promptly by Tenant at its expense to bond or other security pursuant to Section 713.24, orFlorida Statutes, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises2006.

Appears in 2 contracts

Samples: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit any mechanic’s’s liens, materialman’s, or similar materialmen’s liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting to be placed upon the Premises not or the Complex for any work performed by or at the request of Landlord and shall indemnifyTenant, defendor any assignee, protectsublessee or licensee of Tenant, and hold Landlord harmless from and against nothing in this Lease shall be deemed or construed in any claimsway as constituting the consent or request of Landlord, liabilitiesexpress or implied, judgementsby inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the same furnishing of any materials that would give rise to any mechanic’s or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in other liens against the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityComplex. Tenant shall remove In the event any such lien is attached to the Premises or encumbrance the Complex and not discharged by bond payment, bonding or otherwise within thirty (30) days after receipt of written notice by from Landlord; and if Tenant shall fail , then, in addition to do soany other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating the validity thereof. The amount so paid aforesaid purpose shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Leaseon demand as additional Rent and shall bear interest at the Default Rate from the date paid by Landlord until reimbursed by Tenant. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject will, upon Landlord’s title to written request, post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. To the Property or Premises to any liens or encumbrancesfullest extent allowable under the Laws, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon Tenant releases and will indemnify and hold harmless the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null Related Parties and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesthe Complex from and against any Claims (including reasonable attorneys’ fees and costs) in any manner directly relating to or directly arising out of the Tenant Improvements, Alterations, or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (FSP 50 South Tenth Street Corp)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s's lien or any other liens, materialman’sencumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or similar liens upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other such encumbrancesassurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant, including the liens those who may furnish material or perform labor for any construction or repairs. 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 security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes work performed on or respecting the Leased Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, that it will save and hold Landlord harmless from and defend Landlord against any claimsand all loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims, liens, encumbrances or charges against the same leasehold estate or against the interest of Landlord in connection with the Leased Premises or under the terms hereof, but only to the extent that said liens are not created as a result of Landlord's acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any lien, charge, claim or encumbrance against the Leased Premises. Tenant shall not be required to discharge any such lien, security interestencumbrance, conditional sale claim or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time charge as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance placed upon the Property or Leased Premises arising in connection with any Work on or respecting by the Premises not performed by or at the request act of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 2 contracts

Samples: Lease Agreement and Option to Purchase (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s’s lien to be filed against the interest of Landlord or Tenant in the Demised Premises or Tenant Improvements by reason of work, materialman’slabor, services or materials supplied or claimed to have been supplied to Tenant, the Demised Premises, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofTenant Improvements, or chattel mortgages uponany part thereof, any materialsand agrees to exonerate, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifyprotect, defend, protect, indemnify and hold save harmless Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien. If any such mechanic’s lien shall be filed at any time, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and of the filing thereof cause the same to be discharged of record, provided, if Tenant shall fail promptly bond such lien with a responsible surety company, Tenant may contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings, diligently prosecuted, and such contest shall defer for its duration Tenant’s duty hereunder to do sodischarge the same. Upon request by Tenant, Landlord may pay the amount necessary shall execute and deliver any and all such documents or instruments, and, subject to remove approval of Landlord’s counsel, shall take any and all such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid other action as shall be deemed Additional Rent under this Lease payable upon demand, without limitation as necessary or proper to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize permit Tenant to do any act which shall subject bring such proceedings in Tenant’s or Landlord’s title name, or in the names of both of them, or otherwise to facilitate the Property conduct of such proceedings by Tenant. Tenant covenants to exonerate, protect, defend, indemnify and save harmless Landlord from any liability for the payment of any costs or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising expenses in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch proceedings.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

Mechanic’s Liens. Tenant shall keep This LeaseAgreement and State law strictly forbids the Property and Premises free from filing of any mechanic’sliens whatsoever by any contractor, materialman’ssubcontractor, or similar liens materialmen, laborer or other such encumbrances, including the liens of person for any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at the request of Tenant in or about the Premises. Notice of such prohibition may be given 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, defend, protect, indemnify and hold Landlord harmless from and against any claimssuch lien and any cost, liabilitiesdamages, judgements, or costs (including attorneys’ fees) arising out of the same or charges and expenses incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbranceincluding, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandlimitation, without limitation as to other remedies available to Landlord under this Leaseattorney’s fees. Nothing contained in this Lease Section 14, or the LeaseAgreement, shall authorize Tenant to do any act which shall subject Landlord’s title to may create or be the Property foundation for any lien, mortgage or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or other encumbrance upon the Property 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 alterations, changes, additions, improvements or repairs to be made in the Premises, or cause materials to be furnished or labor to be performed therein, neither Landlord nor the Premises arising shall, under any circumstances, be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the Premises or any part thereof. Tenant shall, upon request of Landlord, deliver such documents as may be required by Landlord in connection order to effectuate the lien protection required by this Section; all such alterations, changes, additions, improvements and repairs and materials and labor shall be at Tenant's expense; and Tenant shall be solely and wholly responsible to contractors, laborers and materialmen furnishing labor and materials to the Premises, or any part thereof. Tenant shall inform every service or material provider of the foregoing provisions prior to contracting with any Work on of them for goods or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesservices.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s’ s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Day One Biopharmaceuticals Holding Co LLC)

Mechanic’s Liens. 10.1 Tenant shall keep not suffer or permit any liens to stand against the Property and Demised Premises free from or any mechanic’spart thereof by reason of work, materialman’slabor, services or materials done for, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofsupplied, or chattel mortgages upon, any materials, fixturesclaimed to have been done for, or articles so installed in and constituting supplied to, Tenant or anyone holding the Demised Premises or any part of thereof through under Tenant. If such lien shall at any time be field against the Demised Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) 15 days after written notice the date of filing the dame, by Landlord; and if either payment, deposit or bond. If Tenant shall fail to do sodischarge any such lien within such period (or such period as may be required by any mortgagee to which this lease is subordinated), then, in addition to any other right or remedy of Landlord, Landlord may pay may, but shall not be obligated , procure the discharge of the same either by paying the amount necessary claimed to remove such lien be due buy deposit in court or encumbrancebonding, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of and/or Landlord shall be null entitled , if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the linear with interest, costs, and voidallowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expensed by Landlord , including reasonable counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the then maximum legal rate per annum from the date of payment or deposit, shall become due and payable forthwith by Tenant to Landlord, or, at the option of Landlord’s option, shall attach only against Tenant’s interest be payable by Tenant to Landlord as additional rent,, as provided in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesArticle 15 hereof.

Appears in 1 contract

Samples: Agreement (Comfort Systems Usa Inc)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefore, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx, shall constitute default under Item 21 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Metastorm Inc)

Mechanic’s Liens. The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s’s or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any agrees that no such lien or encumbrance order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant’s obligations to keep the premises in repair, and it’s right to make alterations therein, if any shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present of future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate o the landlord in the premises or upon the land or building of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land, or building of which the premises are a part: and if any such mechanic’s or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within thirty(30) days thereafter, discharge sad lien or order by payment, deposit or by bond fixed in a proper proceeding according to the law. If the tenant shall fail to take such action, or otherwise shall not cause such lien or order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, Including all attorney’s fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Leaseadditional rent. Nothing contained Any reasonable expenses incurred by the landlord in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with examination of title to the Property or Premises premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in payable by the Premises and shall in all respects be subordinate to Landlord’s title Tenant to the Property and PremisesLandlord on demand, together with interest as aforesaid as additional rent.

Appears in 1 contract

Samples: Lease (Inuvo, Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable under this Lease for any Claims in favor of any person dealing with Tenant, including the liens those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay, bond over (in a manner and with a company reasonably acceptable to Landlord) or cause to be paid all sums legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes work performed on or respecting the Premises not performed by on which any lien is or at the request of Landlord can be validly and shall indemnify, defend, protect, and hold Landlord harmless from and legally asserted against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s its leasehold interest in the Premises and Tenant shall indemnify, defend and hold harmless Landlord from any and all Claims arising out of any such asserted Claims. Tenant agrees to give Landlord immediate written notice of any such Claim. Tenant shall notify Landlord in all respects writing at least ten (10) Business Days in advance of any work to be subordinate done on, in, or about the Premises. In the event of such scheduled work, whether Landlord received notice from Tenant or not, Landlord shall have the right, at any time and from time to Landlord’s title time, to enter the Premises to post notices of non-responsibility in such locations as Landlord deems appropriate. Notwithstanding anything in this Lease to the Property and Premisescontrary, Landlord shall not be required to notify Tenant in advance of entering the Premises for the purpose of posting the notices of non-responsibility.

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

Mechanic’s Liens. All Alterations, Repairs, and Tenant's Work (hereinafter collectively "Improvements") shall become the property of the Landlord upon installation and shall not be removed by Tenant unless otherwise required to do so. No Improvements performed by Tenant pursuant to this Lease, shall keep be deemed to be required by or for the Property immediate use and Premises free from any benefit of Landlord. No Notice of Commencement, mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall be allowed against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, consent given by Landlord to Tenant to make any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonImprovements. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any Improvements. In the event any Notice of Commencement, mechanic's or other lien shall at least twenty (20) days prior any time be filed against any portion of the Premises 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, Tenant shall immediately cause the same to be discharged of record or bonded to the commencement satisfaction of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityLandlord. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be discharged or bonded immediately after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may pay bond or discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord including reasonable attorney's fees incurred by Landlord either in defending against such lien or encumbrancein procuring the bonding or discharge of such lien, without being responsible for investigating the validity thereof. The amount so paid together with interest thereon, shall be deemed Additional Rent under this Lease due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Escrow Agreement (Imagica Entertainment Inc)

Mechanic’s Liens. Tenant shall keep the Property title to the Building and/or the Complex free and Premises free from clear of any mechanic’s, materialman’slien or encumbrance with respect to any work ordered by Tenant in the Demised Premises. Notice is hereby given that Tenant has no right to encumber the title of Landlord, or similar liens or other such encumbrances, including the liens of any security interest inparty through whom Landlord's Estate is derived, conditional sales of, on account of any work performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or materials supplied at the request of Landlord and shall Tenant or of Tenant's employees, agents or contractors. Tenant hereby agrees to indemnify, defend, protect, defend and hold Landlord harmless from and against any claimsclaim, liabilitiesloss, judgementscost, demand and reasonable legal or costs (including attorneys’ fees) other expense, whether in respect of any lien or otherwise, arising out of the same supply of material, services or in connection with labor for such work. Tenant shall immediately notify Landlord of any such lien, security interestclaim of lien, conditional sale or chattel mortgage other action of which Tenant has knowledge, and which affects (or purports to affect) the title to the Building or the Complex, and shall fully bond or remove same within thirty (30) days of Tenant's knowledge of same (or, if Landlord or any party through whom Landlord's Estate is derived), has a sale, financing or refinancing then pending with respect to all or a part of the Building and/or the Complex, then within five (5) Business Days), time being of the essence, failing which Landlord may take such action or proceeding brought thereonas Landlord deems reasonably necessary to remove the same, and the entire cost of the removal of same shall be immediately due and payable by Tenant to Landlord, together with interest thereon at the Base Rate from the date Landlord makes such payment, as Additional Rent. Tenant shall give Landlord written notice at At least twenty thirty (2030) days prior to the commencement of any work by or for Tenant in, on or about all or any Tenant’s Change in part of the Premises (or such additional time as may be necessary under applicable Laws)Building, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; notify Landlord of the proposed work and if Tenant shall fail the names and addresses of the persons likely to do so, Landlord may pay be supplying labor and materials for the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereofproposed work. The amount so paid provisions of this Section shall be deemed Additional Rent under this Lease payable upon demand, without limitation apply to Tenant starting as to other remedies available to Landlord under of the date of this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to survive the Property and PremisesTerm.

Appears in 1 contract

Samples: Agreement (Playtex Products Inc)

Mechanic’s Liens. Tenant TENANT shall keep not suffer or permit any liens to stand against the Property and Demised Premises free from or any mechanic’spart thereof by reason of any work, materialman’slabor, services or materials done for, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofsupplied to, or chattel mortgages upon, any materials, fixturesclaimed to have been done for, or articles so installed in and constituting supplied to, TENANT or anyone holding the Demised Premises or any part of thereof through or under TENANT. If such lien shall at any time be filed against the Demised Premises, TENANT shall cause the same to be discharged of record within ninety (90) days after the date of filing the same, by either payment, deposit or bond. If TENANT shall fail to discharge any such lien within such period, then, in connection with addition to any Tenant’s Changes on other right or respecting remedy of LANDLORD, LANDLORD may, but shall not be obligated to, procure the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out discharge of the same either by paying the amount claimed to be due by deposit in court or bonding, and/or LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the 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 by LANDLORD, including reasonable attorney fees, in defending any such action or in connection with any or about procuring the discharge of such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be with all necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising disbursements in connection therewith, together with any Work on or respecting the Premises not performed by or interest thereon at the request then maximum legal rate per annum from the date of Landlord payment or deposit, shall be null become due and voidpayable forthwith by TENANT to LANDLORD, or, at Landlord’s optionthe option of LANDLORD, shall attach only be payable by TENANT to LANDLORD as additional rent and LANDLORD shall have the same remedy for the non-payment thereof as for the non-payment of basic rent as herein provided. LANDLORD hereby gives notice to all persons who may furnish labor or material to TENANT at the premises that LANDLORD does not consent to the filing of any mechanic’s or materialmen’s liens against TenantLANDLORD’s interest estate in the Premises premises, and that all persons furnishing labor or materials shall in all respects be subordinate to Landlord’s title look only to the Property credit of TENANT and Premisessuch security as TENANT may furnish for the payment of all such labor and materials.

Appears in 1 contract

Samples: Lease (Durata Therapeutics, Inc.)

Mechanic’s Liens. Tenant shall keep will not permit any mechanic's or materialman's lien or liens to be placed upon the Property and Leased Premises free or improvements thereon or the Land or the Building during the Lease Term caused by or resulting from any mechanic’swork performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligation incurred by or at the request of Landlord Tenant and nothing in this Lease contained shall indemnifybe deemed or construed in any way as constituting the consent or request of Landlord, defendexpress or implied, protectby inference or otherwise, and hold Landlord harmless from and against to any claimscontractor, liabilitiessubcontractor, judgementslaborer, or costs (including attorneys’ fees) arising out materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of or to the Leased Premises or any part thereof, nor as giving Tenant any 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 mechanic's, materialman's or other liens against the interest of Landlord in the Leased Premises. In the case of the same filing of any lien on the interest of Landlord or Tenant in connection with any such lienthe Leased Premises, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least cause the same to be discharged of record within twenty (20) days prior to after the commencement filing of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitysame. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do sodischarge such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same either by paying the amount necessary claimed to remove be due or by procuring the discharge of such lien by deposit in court or encumbrancebonding. Any amount paid by Landlord for any of the aforesaid purposes, without being responsible or for investigating the validity thereof. The amount so paid satisfaction of any other lien, not caused or claimed to be caused by Landlord, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of eighteen percent (18%) per annum from the date of payment shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdemand.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Advancepcs)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority; express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including the liens 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 legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at on behalf of Tenant on the request of Landlord Premises and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or under the terms of this Lease arising from such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitywork. Tenant shall remove agrees to give Landlord prompt written notice of the placing of any such lien or encumbrance by bond against the Premises. If any mechanics' or otherwise within materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of Such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after written notice by Landlordsuch lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; and if provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant's indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or its agents or contractors, Tenant shall fail to do so, Landlord may pay the amount necessary not be obligated to remove such lien or encumbrance, without (it being responsible for investigating agreed that the validity thereof. The amount so paid removal of such lien shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's obligation).

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s's liens to be filed against the Premises or any part thereof by reason of work, materialman’slabor, services, or similar materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises or any part thereof through or under Tenant. If any such mechanic's liens or other such encumbrances, including the liens of shall at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within sixty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3060) days after written notice by Landlord; and if the date of filing the same. If Tenant shall fail to do sodischarge such mechanic's lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same either by paying the amount necessary claimed to remove be due or by procuring the discharge of such lien by deposit in court or encumbranceby giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, without being responsible for investigating and all reasonable legal and other expenses of Landlord, including reasonable attorneys' fees, in or about procuring the validity thereof. The amount discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of eighteen percent (18%) per annum from the date of payment shall be repaid by Tenant to Landlord on demand, and if not so paid shall be deemed Additional Rent under this Lease become due and payable upon by Tenant as additional rent with the next succeeding installment of monthly base rent which shall become due after such demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained in this Lease shall authorize Tenant imply any consent or agreement on the part of Landlord to do any act which shall subject Landlord’s title 's estate to the Property or Premises to liability under any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic's lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.

Appears in 1 contract

Samples: Lease Agreement (Credit Store Inc)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, in connection with any Tenant’s Changes on leasehold interest, or respecting Landlord’s fee interest in the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within 60 Days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale it shall be a material default under this Lease, and Landlord shall have, in addition to all other remedies provided by this Lease or chattel mortgage or any action or proceeding brought thereonby Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose and all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant within 30 Days following written demand by Landlord. Notwithstanding the foregoing, Tenant shall give Landlord written notice at least twenty (20) days prior have the right to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove contest any such lien or encumbrance by in good faith, if, within 60 Days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant be deemed, construed or interpreted to do imply any act which shall consent or agreement on the part of Landlord to subject Landlord’s title to the Property interest or Premises estate to any liens liability under any mechanic’s or encumbrancesother lien law. If Landlord receives any notice to file a mechanic’s or other lien against the building, whether or any part thereof, or the Premises, or any part thereof, for any work, labor, services or materials claimed by operation to have been performed or furnished for or on behalf of law Tenant or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with anyone holding any Work on or respecting part of the Premises not through or under Tenant, then Tenant shall act promptly to have such notice withdrawn and to settle any dispute that is the subject of such notice. If any petition to establish a mechanic’s or other lien is filed, or if any mechanic’s or other lien is actually established, against the building, or any part thereof, or the Premises, or any part hereof, or if any mechanics or other lien is actually established, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Premises through or under Tenant, then Tenant shall cause the same to be canceled and discharged of record by payment, bond or at the request order of court within 20 days after notice by Landlord shall be null and void, orto Tenant. Tenant shall, at Landlord’s optionrequest, shall attach only against give written notice to all of Tenant’s interest in laborers and materialmen that Landlord shall not be responsible for labor on the Premises and not at the time of said notice performed, or for materials which have been furnished. Tenant shall in all respects be subordinate responsible for paying, as additional rent, any attorneys fees that Landlord actually incurs as a result of Landlord receiving any notice of intent to Landlordfile a mechanic’s, or other, lien described herein; as a result of any such petition to file a mechanic’s title to or other, lien; or as a result of any such mechanic’s, or other, lien being established against the Property and building, or any part thereof, or against the Premises, or any part thereof.

Appears in 1 contract

Samples: Tvi Corp

Mechanic’s Liens. (a) Tenant will not suffer or permit any mechanic's, laborer's or materialman's lien to be filed against the Land, Building, or Premises, or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to tenant; and if any such lien shall at any time be filed, Tenant, within ten (10) days after notice of the filing thereof, shall cause 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 keep fail to cause such lien to be discharged within the Property and Premises free from period aforesaid, then in addition to any mechanic’sother right or remedy, materialman’sOwner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or similar liens by procuring the discharge of such lien by deposit or by bonding or other such encumbrances, including the liens proceedings. Owner may at its option and without waiving any of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change its rights set forth in the Premises (or such additional time as may be necessary under applicable Laws)immediately preceding sentence, in order permit Tenant to afford Landlord the opportunity contest validity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if claim, provided that in such circumstances the Tenant shall fail at its expense defend itself and Owner against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Owner, the Premises or the building, provided further that Owner may at any time require the Tenant to do so, Landlord may pay post a bond with an entity satisfactory to Owner in an amount one and one-half (1.5) times the amount necessary to remove such of the lien or encumbranceto deposit with the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and discharge of the lien. If Tenant shall not immediately make such payment upon the request of Owner, without being responsible for investigating Owner may make said payment in the validity thereof. The amount so paid together with interest thereon from the date of payment and all legal costs and charges, including attorney fees incurred by Owner in connection with said payment shall be deemed Additional Rent under this Lease and shall be payable upon on the next date on which a base rental installment is due. Any amount so paid by Owner, plus all of Owner's costs and expenses associated therewith, shall be paid by Tenant to Owner on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or interest thereon at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in Reimbursement Interest Rate from the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdue date until paid.

Appears in 1 contract

Samples: Lease Agreement (Navidec Inc)

Mechanic’s Liens. Tenant It is expressly acknowledged and understood that Lessor does not consent to, and has not by the execution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, excepting such subordinate mortgage lien or liens as are expressly approved in writing by Lessor. Said approval shall keep be contingent upon the Property amendment of this Lease to add provisions regarding conditions of the imposition of any liens and Premises free from obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrancesliens to be filed against the fee of the Premises or any portion thereof, including nor against Lessee’s leasehold interest in the liens property nor any of the Improvements on the Premises by reason of any security interest inwork, conditional sales oflabor, services or chattel mortgages upon, materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any materials, fixtures, part thereof through or articles so installed in and constituting part under Lessee. In the case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestLessee shall immediately thereupon discharge the same by payment, conditional sale bonding or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days otherwise, but in all events prior to the commencement foreclosure thereof. If default in payment thereof shall continue beyond the expiration of work on any Tenant’s Change in the Premises ten (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Lessor’s notice by Landlord; and if Tenant thereof, Lessor shall fail to do so, Landlord may pay have the amount necessary to remove such lien or encumbrance, without being responsible for investigating right but not the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, orobligation, at LandlordLessor’s option, to discharge such lien at Lessee’s sole cost and expense, and in such event, Lessee shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title reimburse Lessor for such costs within ten (10) days after notice of a statement of said costs from Lessor. In addition to the Property foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all notices and/or correspondence directed to Lessee by any person or entity alleging the right to, or notifying Lessee of the filing of any mechanic's, materialman’s or other lien against the fee of the Premises. LESSEE FURTHER COVENANTS AND AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR FROM AND AGAINST ALL BILLS AND CLAIMS, LIENS AND RIGHTS TO LIENS FOR LABOR AND MATERIALS AND ARCHITECT'S, ENGINEER’S, CONTRACTOR’S AND SUBCONTRACTOR’S CLAIMS, AND ALL FEES, CLAIMS AND EXPENSES INCIDENT TO THE CONSTRUCTION AND COMPLETION OF ANY IMPROVEMENTS, INCLUDING WITHOUT LIMITATION ANY REASONABLE ATTORNEYS’ FEES WHICH MAY BE INCURRED BY LESSOR IN CONNECTION THEREWITH.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. SECTION 13.1 Tenant shall keep will not suffer or permit any Construction Lien Claim or Notice of Unpaid Balance and Right To File Lien ("LIEN") against the Demised Premises and/or Property and Premises free from or any mechanic’spart thereof, materialman’sby reason of any work, services, material and/or equipment provided, or similar liens claimed to have been provided, for or other such encumbrances, including the liens of to Tenant or 15 any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant’s Changes on or respecting . If at any time a Lien is filed against the Demised Premises not performed by or at the request of Landlord and shall indemnifyand/or Property, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of Tenant will cause the same to be discharged of record or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise bonded over within thirty (30) days after written notice by to Tenant of the filing of same. If Tenant fails to discharge or bond over any such Lien within such period, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may elect, but shall not be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount necessary of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which Chemical Bank announces as its so called prime rate or base rate, from time to remove such lien time, plus three (3%) percent, from the date of payment or encumbrancedeposit, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease will become due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize forthwith by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas additional rent.

Appears in 1 contract

Samples: Agreement (Miix Group Inc)

Mechanic’s Liens. Tenant SECTION 12.01: Lessor's estate shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens not be subject to claim of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part lien as a result of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant inaction by Lessee, Lessee having no power to encumber Lessor's estate, (and Lessee shall give Landlord written notice at least twenty (20not cause, suffer or permit any mechanic's liens to be filed against the Demised Premises, nor against Lessee's leasehold interest therein) days prior by reason of work, labor, services, or materials supplied or claimed to the commencement of work on have been supplied to Lessee or to anyone holding any Tenant’s Change interest in the Premises (Demised Premises, or such additional any part thereof, through or under Lessee, whether or not the work, labor, services or materials are authorized under this Lease as change or alteration, Work, or otherwise. If claim of any mechanic's lien thus prohibited shall at any time as may be necessary under applicable Laws)filed, in and if Lessee shall fail to cause the same to be discharged of record by payment, deposit, bond, order to afford Landlord the opportunity of posting and recording appropriate notices a court of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond competent jurisdiction or otherwise within thirty (30) 60 days after written notice of filing of such claim then, in lieu of any other right or remedy of Lessor, Lessor may but shall not be obligated to, discharge the same either by Landlord; paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and, in the latter event Lessor shall be entitled, if Lessor so elects, to compel the prosecution of an action to resolve all issues with respect to such mechanic's lien and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove of the judgment in favor of the lienor (if any) with interest, costs and allowances. If Lessor shall pay, bond off or otherwise procure discharge of such lien or encumbrance, without being responsible for investigating then the validity thereof. The amount so paid by Lessor shall be repaid, forthwith upon Lessor's demand, by Lessee to Lessor with interest at the rate of eighteen per cent (18%) from Lessor's payment to the date of Lessee's repayment, together with reasonable attorney's fees, if any, incurred by Lessor in connection therewith. Nothing in this Lease contained shall be deemed Additional Rent under this Lease payable upon demandor construed in any way as constituting the consent or request of Lessor, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises or any part thereof, nor as giving Lessee a lien right, power or encumbrance upon authority to contract for or permit the Property rendering of any services or Premises arising in connection with the furnishing of any Work on or respecting materials under circumstances that would give rise to the Premises not performed by or at the request filing of Landlord shall be null and void, or, at Landlord’s option, shall attach only any mechanic's liens against Tenant’s Lessor's interest in the Demised Premises and shall or in all respects be subordinate to Landlord’s title to the Property and Premisesthis lease.

Appears in 1 contract

Samples: Lease (Information Holdings Inc)

Mechanic’s Liens. Tenant Lessee shall keep the Property Leased Premises, including all Lessee’s Work and Premises improvements located thereon, free from and clear of any and all mechanic’s, materialman’s, materialmen’s and other liens for or similar liens arising out of or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on work or respecting the Premises not performed by or at the request of Landlord and shall indemnifylabor done, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsservices performed, or costs (including attorneys’ fees) arising out of the same materials or appliances used or furnished for or in connection with any operations of Lessee, any alteration, improvement, or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the Leased Premises, or any obligations of any kind incurred by Lessee. Except as otherwise expressly provided for herein, Lessee shall promptly and fully pay and discharge or bond over any and all claims against Lessee on which any such lien is or could be based and indemnify and hold harmless the Commission and the Leased Premises and all buildings and improvements located thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. If Lessee desires to contest any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give Landlord written notice at least twenty (20) days prior notify the Commission of its intention to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise do so within thirty (30) days after written Lessee’s receipt of notice by Landlord; and if Tenant shall fail to do so, Landlord may pay of the amount necessary to remove filing of such lien or encumbranceand shall commence to contest such lien within the same time period, without being responsible for investigating and diligently pursue such contest thereafter. In such case, and provided that enforcement of such lien against the validity thereof. The amount so paid Leased Premises is stayed pending the conclusion of such contest, Lessee shall not be deemed Additional Rent in default under this Lease payable upon demanduntil thirty (30) days after the final determination of the validity thereof by the court or other tribunal having proper jurisdiction of the same, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease within which time Lessee shall authorize Tenant to do any act which shall subject Landlord’s title satisfy and discharge such lien to the Property extent held valid, but the satisfaction, discharge or bonding of any such lien shall not, in any case, be delayed if enforcement of the lien is not stayed pending the conclusion of such contest. Lessee shall give the Commission written notice no less than ten (10) days in advance of the commencement of any substantial construction, alteration, addition or improvement to the Leased Premises to any liens or encumbrances, whether claimed by operation in order that the Commission may post appropriate notices of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Commission’s non-responsibility in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisestherewith.

Appears in 1 contract

Samples: Lease Agreement (Aventine Renewable Energy Holdings Inc)

Mechanic’s Liens. Tenant shall keep not permit any mechanic's lien or other liens to be placed upon the Property and Leased Premises free or the Building, the Leasehold Improvements thereon or the Complex during the term hereof caused by or resulting from any mechanic’swork performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against nothing contained in this Lease shall be deemed as constituting the consent or request of Landlord, express or implied, to any claimscontractor, liabilitiessubcontractor, judgementslaborer, or costs (including attorneys’ fees) arising out material man for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair to the Leased Premises, or any part thereof, nor as giving Tenant any 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 mechanic's or other liens against the Leased Premises or the Building. If a lien is filed upon the Leased Premises or the Building, Tenant shall cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by Landlord; and if filing of same. If Tenant shall fail to do sodischarge such mechanic's lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may pay discharge the same, either by paying the amount necessary claimed to remove be due, or by procuring the discharge of such lien by deposit in court or encumbrancebonding. Any amount paid by Landlord for any of the aforesaid purposes, without being responsible or for investigating the validity thereof. The amount so paid satisfaction of any other lien not caused by Landlord, with interest thereon at the maximum lawful rate provided from the date of payment, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work immediately on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdemand as Rent.

Appears in 1 contract

Samples: Security Deposit Agreement (Adva International Inc)

Mechanic’s Liens. TWELFTH: The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s's or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any agrees that no such lien or encumbrance order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or law. Notice is hereby given that the Tenant has no power, authority of right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or buildings of which the premises are a part; and in any such mechanic's or other lien or order shall be filed against the purchases of the land and buildings of which the premises are a part, the Tenant shall, within ten (10) days thereafter, discharge said lien or order by payment, deposit or by bond or otherwise within thirty (30) days after written notice by Landlord; and if fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within ten (10) days after the filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit of, without being responsible for investigating the validity thereof. The by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.

Appears in 1 contract

Samples: Lease Extension and Modification Agreement (Box Hill Systems Corp)

Mechanic’s Liens. If Tenant makes any alterations or improvements in the Demised Premises, Tenant must pay for same when made. Not withstanding anything to the contrary in this Lease, Tenant or any person dealing with or under Tenant, shall keep not charge the Property and Premises free from any mechanic’s, materialman’srents of the Demised Premises, or similar liens the property of which the Demised Premises form a part, or other the interest of Landlord in the estate of the Demised Premises, or any person under and 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 encumbrancesalterations or improvements to the Demised Premises. If a mechanic's or materialsmen’s lien is threatened or filed by any contractor or supplier, Tenant will promptly pay same or take steps to have the lien discharged of record, or bond said lien of the Premises pursuant to Alabama Law. If same is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option of (i) paying the same or any portion thereof and the amounts so paid, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in attorneys' fees and constituting part of the Premises, expenses incurred in connection with any Tenant’s Changes on or respecting the Premises not performed by or therewith and interest at the request of maximum rate permitted by Alabama law on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord immediately upon demand, and/or (ii) to pursue any other remedies for default by Tenant as provided herein. Tenant will indemnify and shall indemnify, defend, protect, and hold save Landlord harmless from and against all loss, claim, damage, cost or expense suffered by Landlord by reason of any claimsrepairs, liabilitiesinstallations or improvements, judgementsmade by Tenant, or costs (including reasonable attorneys’ fees) arising out ' fees of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. SECTION 21.1. Tenant shall keep the Property and Premises free from not permit any mechanic’s, construction, laborer’s or materialman’s, or similar liens or other such encumbrances, including the liens of ’s lien to be filed at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting time against the Premises not or any part thereof by reason of work performed by or at on behalf of Tenant or any agent or contractor or anyone holding the request of Premises through or under Tenant. If any such lien shall be filed, Tenant, upon notice thereof, shall promptly notify Landlord and shall indemnifypromptly cause the same to be discharged of record by payment, defenddeposit, protectbond, order of a court of competent jurisdiction or otherwise, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written prompt notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitydischarge. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be so discharged within sixty (60) days after the date of the filing, then in addition to any other right or remedy which Landlord may have, Landlord may may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of 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 any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Landlord and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the lesser of (i) three percent (3%) plus the Prime Rate; or (ii) the maximum rate permitted by law from the date of Landlord’s making of the payment or incurring of the cost or expense, shall be deemed Additional Rent under this Lease payable promptly paid to Landlord by Tenant upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Agreement (Generation Income Properties, Inc.)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx, shall constitute default under Item 19 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant (other than for Landlord’s Work) within 10 days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’sliens arising out of work performed for, materialman’smaterials furnished to, or similar liens obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant’s business, Tenant covenants that any Security Agreement, and any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or Laboratory 000 Xxxx 00xx Xxxxxx, XX, XX Rocket Pharmaceuticals, Ltd. - Page 17 creditor of Tenant, shall upon its face or by exhibit thereto indicate that such encumbrancesSecurity Agreement or Financing Statement is applicable only to removable personal property of Tenant located within the Premises. Tenant shall cause to be inserted in any such Security Agreement the following provision: "Notwithstanding anything to the contrary contained herein, including the liens of any security interest inthis lease, chattel mortgage, conditional sales ofagreement, title retention agreement or chattel mortgages uponsecurity agreement shall not create or be filed as a lien against the land, any materialsbuilding and improvements comprising the real property in which the goods, fixturesmachinery, equipment, appliances or articles so installed other personal property covered hereby are to be located or installed"; and, in and constituting part no event shall the address of the Premises, in connection with Project be furnished on any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out such Financing Statement without qualifying language as to applicability of the same or lien only to removable personal property, located in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any an identified suite held by Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (Rocket Pharmaceuticals, Inc.)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, 's or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, Tenant's leasehold interest, or Landlord's fee interest in connection with any Tenant’s Changes on or respecting the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant's request. Tenant shall provide such advance written notice of any Subsequent Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within sixty (60) days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give be a material default under this Lease, and Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)shall have, in order addition to afford all other remedies provided by this Lease or by Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord the opportunity of posting for such purpose and recording appropriate notices of nonresponsibility. all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after following written notice demand by Landlord; and if . Notwithstanding the foregoing, Tenant shall fail have the right to do socontest any such lien in good faith, Landlord may pay if, within sixty (60) days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s or construction 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) business days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, 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 released of record; or (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, shall be paid by Tenant to Landlord 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’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. Tenant shall indemnify, defenddefend and hold harmless Landlord, protectits property manager, Invesco, any subsidiary or affiliate of the foregoing, and hold Landlord harmless their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against any and all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ feesfees and disbursements and court costs) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Tenant Party to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. The foregoing indemnity shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in survive the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesexpiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Interpace Biosciences, Inc.)

Mechanic’s Liens. Section 12.1 Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’smechanics' liens, materialman’s, or similar 's liens or other such encumbrances, including liens to be filed against the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Demised Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action part thereof by reason of work, labor or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days services performed or materials supplied or claimed to have been performed or supplied, whether prior or subsequent to the commencement date of work on this Lease, for Tenant or any one holding the Demised Premises or any part thereof for, through or under Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove If any such lien or encumbrance by bond or otherwise shall at any time be filed against the Demised Premises, Tenant shall cause the same to be discharged of record within thirty (30) days after written the date of receipt of notice by LandlordTenant of the filing of the same. Landlord agrees that, should it receive notice of the aforesaid filing, it will thereupon send a notice to Tenant, whereupon the aforesaid thirty (30) days period shall begin to run; and provided, however, that, if Tenant shall receive prior actual notice of the aforesaid filing, whether official or not, then the thirty (30) day period shall commence to run upon the receipt of such prior actual notice. If Tenant shall fail to do sodischarge such mechanic's lien or other lien within such period, then, in addition to any other right or remedy of Landlord, the Landlord may pay may, but shall not be obligated to, discharge the same by paying the amount necessary claimed to remove be due without inquiry into the validity of the same. Any amount paid by Landlord in procuring the discharge of such lien or encumbranceand all of Landlord's necessary disbursements, without being responsible for investigating including attorneys' fees, in connection therewith, with interest thereon at the validity thereof. The amount so paid rate of 12% per annum from the date of payment, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available repaid by Tenant to Landlord under this Lease. Nothing contained on demand and, if unpaid, may be treated as additional rent as provided in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesArticle 8 above.

Appears in 1 contract

Samples: Lease (New England Bancshares Inc)

Mechanic’s Liens. Tenant Lessee shall keep the Property and Premises free from not do any mechanic’s, materialman’sact, or similar liens make any contract, which may create or be the foundation for any lien or other such encumbrances, including the liens of encumbrance upon any security interest in, conditional sales of, or chattel mortgages upon, Lessor or any materials, fixtures, ground or articles so installed underlying lessor in and constituting part any portion of the Premises. If, in connection with because of any Tenant’s Changes on act or respecting omission (or alleged act or omission) of Lessee, any Notice of Intention, mechanic's or other lien, charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcharge, conditional sale order, or chattel mortgage encumbrance is valid or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time enforceable as may be necessary under applicable Lawssuch), in order Lessee shall, at its own cost and expense, cause the same to afford Landlord the opportunity be discharged of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien record or encumbrance by bond or otherwise bonded within thirty (30) days after written notice by Landlordthe filing thereof; and if Tenant Lessee shall fail indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to do socomply with the foregoing provisions, Landlord may pay Lessor shall have the amount necessary to remove option of discharging or bonding any such lien lien, charge, order, or encumbrance, without being responsible and Lessee agrees to reimburse Lessor for investigating all costs, expenses, and other sums of money in connection therewith (as additional rental) with interest at the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable maximum rate permitted by law promptly upon demand. All materialmen, without limitation as to contractors, artisans, mechanics, laborers, and any other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do persons now or hereafter contracting with Lessee of any act which shall subject Landlord’s title to contractor or subcontractor of Lessee for the Property furnishing of any labor services, materials, supplies, or Premises equipment with respect to any liens portion or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, orPremises, at Landlord’s optionany time from the date hereof until the end of the Lease Term, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate are hereby charged with notice that they look exclusively to Landlord’s title Lessee to the Property and Premisesobtain payment for same.

Appears in 1 contract

Samples: Lease (Robocom Systems Inc)

Mechanic’s Liens. (a) Except for liens created through the act of Landlord, Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens 's lien or other such encumbrances, including the liens of any security interest in, conditional sales of, lien to be filed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of recorded against the Premises, in connection with any Tenant’s Changes on equipment or respecting materials supplied or claimed to have been supplied to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsTenant, or costs (including attorneys’ fees) arising out of 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 or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice 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 thirty (30) days prior to the due date thereof (but in no event later than 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 $100,000 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. Any surplus deposit retained by Landlord; and if Tenant , after the payment of the lien shall fail be repaid to do soTenant. Provided that nonpayment of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord may agrees not to pay the amount necessary to remove such lien or encumbranceduring the period of Tenant's contest. However, without being responsible if Landlord pays for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation discharge of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising 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 fees of Landlord plus an administration fee equal to 5% of such costs and expenses), shall be repaid by Tenant to Landlord on demand by Landlord, together with any Work on or respecting the Premises not performed by or interest thereon at the request of Overdue Rate. Tenant shall indemnify and defend Landlord shall be null against and voidsave Landlord and the Premises, orand any portion thereof, at Landlord’s optionharmless from and against all losses, shall attach only against Tenant’s interest in costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees, resulting from the Premises and shall in all respects be subordinate assertion, filing, foreclosure or other legal proceedings with respect to Landlord’s title any such mechanic's lien or other lien or the attempt by Tenant to the Property and Premisesdischarge same as above provided.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Egl Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.

Appears in 1 contract

Samples: Office Lease (Accuimage Diagnostics Corp)

Mechanic’s Liens. Tenant Sublessee shall keep the Property and Premises free from give Sublessor Notice of Sublessee's intention to perform any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes work on or respecting the Premises not performed by or at the request which might result in any claim of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice lien at least twenty (20) days prior to the commencement of such work on to enable Sublessor to post and record a notice of non-responsibility or other notice Sublessor deems proper prior to the commencement of any Tenant’s Change such work (or lesser period of time if Sublessee causes any such notices to be posted and recorded). Sublessee shall not permit any mechanic's, materialmen's or other liens to be filed against the property of which the Premises are a part or against Sublessee's leasehold interest in the Premises. If Sublessee fails to cause the release of record of any lien(s) filed against the Premises or its leasehold estate therein by payment or posting of a proper bond (or such additional time other protection of Sublessor's and Lessor's interest as they may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise reasonably require) within thirty (30) days after written notice from the date of receipt of Notice of the lien filing(s), then Sublessor may, at Sublessee's expense, cause such lien(s) to be released by Landlord; and if Tenant shall fail to do soany means Sublessor reasonably deems proper, Landlord may pay including, but not limited to, payment of or defense against the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Sublessor in connection with any Work on the release of the lien(s), including but not limited to, all costs, expenses and reasonable attorneys' fees, shall be due and payable by Sublessee to Sublessor, as an item of Additional Rent, or respecting the Premises not performed deemed by or Sublessor, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch demand until paid by Sublessee.

Appears in 1 contract

Samples: Sublease (Inflow Inc)

Mechanic’s Liens. (a) Tenant shall keep not suffer or permit any liens to stand against the Property and Premises free from or any mechanic’spart thereof, materialman’sby reason of any work, labor, services or materials done for, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofsupplied to, or chattel mortgages upon, any materials, fixturesclaimed to have been done for, or articles so installed in and constituting supplied to, Tenant or anyone holding the Premises or any part of thereof through or under Tenant. If any such lien shall at any time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice receipt of Notice of the filing of same, by Landlord; and if either payment, deposit or bond. If Tenant shall fail to do sodischarge any such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may 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 court or bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the 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, with all necessary to remove such lien disbursements in connection therewith, together with interest thereon at the Interest Rate from the date of payment or encumbrancedeposit, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease become due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize forthwith by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at the option of Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate payable by Tenant to Landlord’s title to the Property and PremisesLandlord as Additional Rent.

Appears in 1 contract

Samples: Agreement of Lease (Pdi Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind the interest of Landlord in the Building, or other such encumbrancesto 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 liens of any security Leasehold interest ingranted to Tenant by this instrument. Tenant will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, conditional sales of, in or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to the Premises, and for all materials furnished for or in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of such work. Tenant will indemnify Landlord and shall indemnify, defend, protect, against and hold Landlord harmless from and against any all liabilities, liens, claims, liabilitiesand demands on account of such work. Notwithstanding any provision of this Lease relating to improvements, judgementsadditions, alterations, repairs, and/or reconstruction of or costs to the Premises, Landlord and Tenant hereby agree and confirm that (including attorneys’ feesa) arising out Landlord has not consented and will not consent to the furnishings of any labor or materials to the same or in connection with any such lien, security interest, conditional sale or chattel mortgage Premises that would or any action result in any mechanic’s or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior materialman’s lien attaching to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises, (b) Tenant is not the agent of Landlord for the purposes of any such improvements, additions, alterations, repair and/or reconstructions, and (c) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor and/or materials in connection therewith. No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any lien against the interest of Landlord in the Premises and such person(s) shall in all respects be subordinate look solely to Landlord’s title to Tenant and the Property and Premisesleasehold interest of Tenant under this Lease for satisfaction of any such claims.

Appears in 1 contract

Samples: Lease Agreement (Orchid Cellmark Inc)

Mechanic’s Liens. The Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, 's or similar liens artisan's or other such encumbrancesliens to be filed or placed or exist against the fee of the demised premises nor against the Tenant's leasehold interest in said premises by reason of work, including labor, services or materials supplied or claimed to have been supplied to the liens Tenant or anyone holding the demised premises or any part thereof through or under the Tenant, and nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of the Landlord, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any security interest inlabor or the furnishing of any materials for specific improvement, conditional sales ofalteration or repair of or to the demised premises or any part thereof, nor as giving the Tenant any right, power or chattel mortgages upon, authority to contract for or permit the rendering of any materials, fixtures, services or articles so installed in and constituting part the furnishing of any materials that would give rise to the filing of any mechanic's or other liens against the fee of the Premisesdemised premises. If any such mechanic's lien shall at any time be filed against the demised premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within sixty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3060) days after written notice by Landlord; the date of filing the same or, in the alternative, the Tenant may bond the lien and if deliver a copy of the said bond to the Landlord within the said 60 day period. If the Tenant shall fail to do sodischarge such mechanic's lien or deliver said bond within such period, then, in addition to any right or remedy of the Landlord, the Landlord may may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in such event the Landlord shall be entitled, if the Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid by the Landlord for any of the aforesaid purposes, or for the satisfaction of any other lien, not caused or claimed to be caused by the Landlord, and all reasonable legal and other expenses of the Landlord, including reasonable legal and other expenses of the Landlord, including reasonable counsel fees, in defending any such action or in about procuring the discharge of such lien, with all necessary to remove such lien or encumbrancedisbursements in connection therewith, without being responsible for investigating with interest thereon at the validity thereof. The amount so paid rate of six percent (6%) per annum from the date of payment shall be deemed Additional Rent repaid by the Tenant to the Landlord on demand and if unpaid may be treated as additional rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under the terms of this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject , and the same may, at the option of the Landlord’s title to the Property or Premises , be added to any liens fixed rent then due or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesthereafter falling due hereunder.

Appears in 1 contract

Samples: American Technical Ceramics Corp

Mechanic’s Liens. Tenant 5.01 Lessee shall keep have no power to subject the Property and Premises free from any mechanic’s, materialman’sDemised Premises, or similar Lessor’s interest in the Demised Premises, or the Condominium or the Tenth Floor Unit or the interest of any owner therein or in any other Condominium Unit to any mechanics’ or other liens. If any mechanics’ or other liens or order for the payment of money shall be filed against the Demised Premises or the Condominium or any other such encumbrances, including Unit of the liens Condominium or the interest of any security interest in, conditional sales of, owner therein by reason of or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Lessee at the Demised Premises, or for or by reason of any change, alteration, or addition or the cost or expense thereof or any contract relating thereto, or by reason of any other act or omission of Lessee, the Lessee shall cause the same or in connection with any such liento be canceled and discharged of record, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice as allowed by Landlord; law, at the expense of the Lessee. Lessee shall nonetheless have an unlimited right to contest such lien and if Tenant shall fail to do Lessee does so, Landlord may pay Lessee need not cause such cancellation or discharge during the amount necessary pendency of such challenge unless (i) there is an imminent threat to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject LandlordLessor’s title to the Property Demised Premises; or Premises to (ii) the existence of the lien constitutes a default under any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon mortgage affecting the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s fee interest in the Premises Demised Premises. Lessee shall also defend on behalf of the Lessor, the Condominium and the owners of the Condominium Units, at the Lessee’s sole cost and expense, any action, suit, or proceeding that may be brought thereon or for the enforcement of those liens or orders, and the Lessee will pay any damages and satisfy and discharge any judgment entered therein and save harmless the Lessor, the Condominium and the Condominium Unit owners from any claim or damage resulting therefrom. Failure to comply with this Article 5 shall entitle Lessor to avail itself of the remedies in all respects Article 17 upon giving the notices required under Article 17, provided, however, that if the Lessee has failed to cause the lien or order to be subordinate canceled and discharged of record within fifteen (15) days after Lessor’s written demand therefor, and if (i) there is an imminent threat to LandlordLessor’s title to the Property Demised Premises; or (ii) the existence of the lien constitutes a default under any mortgage affecting the fee interest in the Demised Premises, then the Lessor shall have the right to cause the same to be cancelled and Premisesdischarged of record by bond or other security allowed by law (other than actual payment to the lienor) and the entire expense therefor shall constitute additional rent payable to the Lessor.

Appears in 1 contract

Samples: Lease (Morgans Hotel Group Co.)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, in connection with any Tenant’s Changes on leasehold interest, or respecting Landlord’s fee interest in the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within sixty (60) days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give be a material default under this Lease, and Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)shall have, in order addition to afford all other remedies provided by this Lease or by Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord the opportunity of posting for such purpose and recording appropriate notices of nonresponsibility. all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after following written notice demand by Landlord; and if . Notwithstanding the foregoing, Tenant shall fail have the right to do socontest any such lien in good faith, Landlord may pay if, within sixty (60) days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as posts other security reasonably acceptable to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.Landlord.‌

Appears in 1 contract

Samples: Ground Lease

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Mechanic’s Liens. Tenant Nothing in this lease shall keep be deemed or construed in any way as constituting the Property and consent or request of Lessor, 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, 1teration to or repair of the Demised Premises free from or any part thereof, nor as giving Lessee any right, power or authority to contract for or permit the rendering of any service or the furnishing of any materials that would give rise to the filing of any lien against the Building or any part thereof. Lessee agrees o ensure that no mechanic’s, ’s or materialman’s’s lien will be filed against the Demised Premises or the Building, or similar liens any part thereof, for any work claimed to have been done or other for any material claimed :o have been furnished to Lessee, and, if any such encumbrancesliens, including are filed against the liens of any security interest in, conditional sales ofDemised Premises or the Building, or chattel mortgages uponany part thereof, any materialslessee will discharge same within five (5) days thereafter. If lessee shall fail to cause such lien, fixturesencumbrance or charge to be discharged within a five (5) day period, Lessor may, but shall not e obligated to, discharge the lien, either by paying the amount claimed to be due or articles so installed in and constituting part by pursuing the discharge of the Premiseslien through judicial proceedings. Lessee agrees to pay Lessor, upon demand, as additional Rental, the sum paid by Lessor to discharge the mechanics or materialman’s liens, together with court costs and seasonable attorney’s fees. At the request of Lessor, Lessee agrees to secure payment bond satisfactory to Lessor, securing the payment of all amounts due to mechanics and materialmen in connection with any Tenant’s Changes on work claimed to have been done or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or material claimed to have been furnished to Lessee in connection with any such lien, security interest, conditional sale alterations or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior repairs to the commencement of work on any Tenant’s Change in the Demised Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Vemics, Inc.)

Mechanic’s Liens. Tenant shall keep If, by reason of any labor or services performed or materials furnished to the Property and Premises free from for or on behalf of Lessee, any mechanic’s's, materialman’smaterialmen's, or similar other liens or other such encumbrancesshall be filed, including the liens of any security interest in, conditional sales ofclaimed, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of perfected as provided by law against the Premises, Lessee shall discharge or remove the lien, by bonding or otherwise, within 15 days after receipt of written notice from Lessor to Lessee of the filing of same. In the event Lessee should fail to cause such lien to be discharged or removed within the 15-day period then, in connection with addition to any Tenant’s Changes on other right or respecting remedy, Lessor may, but shall not be obligated to, discharge the Premises not performed by or at lien. Upon receipt of copies of the request applicable receipts, Lessee shall promptly reimburse Lessor for the cost of Landlord discharging the lien. Notwithstanding the foregoing provisions, the parties understand and shall indemnifyagree that, defendin the event that such a lien is filed against the Premises, protectLessor, and/or Lessee, and hold Landlord harmless from Lessee immediately proceeds to contest same diligently and against any claimsin good faith, liabilitiesand at all times thereafter continues to contest same diligently and in good faith, judgementsLessee shall not be required to discharge or remove such lien as hereinabove set forth; provided, or costs (including attorneys’ fees) arising out however, that, as an aspect of the same or in connection with any contesting such lien, security interestLessee shall, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or Lessee's sole cost and expense, retain legal counsel for such additional time as may be necessary under applicable Laws)purpose, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee's legal counsel shall, within thirty (30) days after written notice by Landlord; of being retained, report to Lessor, in writing, disclosing in such report the nature of the claim upon which the lien is founded, as well as Lessee's defenses thereto and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether offsets claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidLessee; furthermore, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises event that a civil action is commenced by the lienholder seeking enforcement of such lien, in which civil action Lessor is named as a party defendant, then Lessee agrees to pay for and shall provide Lessor's legal representation and a legal defense to such civil action by and through legal counsel of Lessee's choice, which said legal counsel may represent both Lessee and Lessor in all respects be subordinate such civil action, and Lessee further agrees to Landlord’s title to indemnify and hold Lessor harmless respecting any judgment, obligation, or liability imposed upon Lessor, or the Property and Premises, arising from such civil action.

Appears in 1 contract

Samples: Lease Agreement (Centra Financial Holdings Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of a 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 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 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 released of record, or (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 indemnifybe 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 Effective Date 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 at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, protect, indemnify and hold harmless Landlord harmless and its agents and representatives from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Tenant Party to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. This indemnity provision shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Solyndra, Inc.)

Mechanic’s Liens. Tenant Lessee shall keep have no power to and shall not subject the Property and Premises free from or Lessor's interest in the Property to any mechanic’smechanics', laborer's, materialman’s, 's or similar other liens. If any mechanics' or other liens or other such encumbrances, including order for the liens payment of money shall be filed against the Property or any security interest in, conditional sales of, building or chattel mortgages upon, any materials, fixtures, improvement thereon by reason of or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for Lessee at the Property, or for or by reason of any change, alteration or addition or the cost or expense thereof or any contract relating thereto, Lessee shall cause the same or in connection with any such liento be cancelled and discharged of record, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise as allowed by law at the expense of Lessee, within thirty five (305) days after written notice demand therefor, and shall also defend on behalf of Lessor at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such liens, or orders, and Lessee will pay any damages and satisfy and discharge any judgement entered therein and save harmless Lessor from any claim or damage resulting therefrom. Lessee's failure to comply with this Section shall give Lessor the right to avail itself of the remedies provided to it by Landlord; and if Tenant shall fail to do sothis lease, Landlord may pay upon the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon expiration of said demand, without limitation any additional or other notice. In order to comply with the provisions of Section 713.10, Florida Statutes, as presently in effect or as may hereafter be amended, it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including contractors, subcontractors, materialmen, mechanics and laborers shall have any right to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do file or place any act which shall subject Landlord’s title to the Property mechanic's or Premises to materialmen's liens of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance kind whatsoever upon the Property nor upon any building or Premises arising in connection improvement thereon, and any such liens are hereby specifically prohibited. All such persons so dealing with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title Lessee must look solely to the Property credit and Premisesinterest of Lessee and not to Lessor's interest or assets.

Appears in 1 contract

Samples: Agreement

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party shall be deemed authorized and shall indemnify, defend, protectordered by Tenant only, and hold Tenant shall not 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 harmless final lien waivers from all contractors, subcontractors and against any claimsmaterialmen who performed such work. If such a lien is filed, liabilitiesthen Tenant shall, judgementswithin thirty (30) days (unless Landlord is in the process of selling the Building or obtaining financing, or costs in which case Tenant shall within ten (including attorneys’ fees10) arising out days) after Landlord has delivered notice of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. filing thereof to Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional earlier time period as may be necessary under applicable Lawsto prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), in order either: (1) pay the amount of the lien and cause the lien to afford Landlord the opportunity be released of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any record; or (2) diligently contest such lien or encumbrance by and deliver to Landlord a bond or otherwise 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, shall be paid by Tenant to Landlord within thirty (30) days after written 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 by Landlord; and if that they look exclusively to Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible obtain payment for investigating the validity thereofsame. The amount so paid Nothing herein shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to a consent by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance being placed upon the Property Premises, Project or Premises arising in connection with Landlord’s interest therein due to any Work on or respecting the Premises not work performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 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 Premises and cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) 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 A TENANT PARTY. The foregoing indemnity shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Zuora Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar mechanics' liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to be filed against the Premises, in connection with nor against Tenant's leasehold estate hereunder, by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change interest in the Premises (or such additional time as may be necessary any part thereof through or under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove If any such mechanic's lien or encumbrance by bond or otherwise shall at any time be filed against the Premises, Tenant shall, within thirty (30) days after written notice of the filing thereof, or sooner and within ten (10) days after demand from Landlord if required in order to close a sale or financing involving the Premises (and which notice shall refer to such ten (10) day period and this sentence), cause the same to be discharged of record by Landlord; and if payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid, then Landlord may (without complying with any other provision contained in this Lease) discharge the same either by paying the amount claimed to be due or by procuring the discharge of 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 an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowance. The amount so paid Nothing in this Lease contained shall be deemed Additional Rent under this Lease payable upon demandor construed in any way as constituting the consent or request of Landlord, without limitation express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Premises or any part thereof, nor as giving Tenant a right, power or authority to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do contract for or permit the rendering of any act which shall subject Landlord’s title services or the furnishing of any materials that would give rise to the Property filing or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic's lien or encumbrance upon against the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Sublease (United Auto Group Inc)

Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written Xxxxxx’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with Xxxxxxxx’s title company to insure that, upon final determination of the validity of such lien or claim, Xxxxxx shall immediately pay any judgment rendered against Xxxxxx). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Mechanic’s Liens. Tenant It is expressly acknowledged and understood that Lessor does not consent to, and has not by the execution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, excepting such subordinate mortgage lien or liens as are expressly approved in writing by Lessor. Said approval shall keep be contingent upon the Property amendment of this Lease to add provisions regarding conditions of the imposition of any liens and Premises free from obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrancesliens to be filed against the fee of the Premises or any portion thereof, including nor against Lessee's leasehold interest in the liens property nor any of the Improvements on the Premises by reason of any security interest inwork, conditional sales oflabor, services or chattel mortgages upon, materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any materials, fixtures, part thereof through or articles so installed in and constituting part under Lessee. In the case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestLessee shall immediately thereupon discharge the same by payment, conditional sale bonding or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days otherwise, but in all events prior to the commencement foreclosure thereof. If default in payment thereof shall continue beyond the expiration of work on any Tenant’s Change in the Premises ten (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written Lessee's receipt of a notice by Landlord; and if Tenant thereof, Lessor shall fail have the right but not the obligation, at Lessor's option, to do so, Landlord may pay the amount necessary to remove discharge such lien at Lessee's sole cost and expense, and in such event, Lessee shall reimburse Lessor for such costs within ten (10) days of receipt of a statement of said costs from Lessor. In addition to the foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all notices and/or correspondence directed to Lessee by any person or encumbranceentity alleging the right to, without being responsible or notifying Lessee of the filing of any mechanic's, materialman's or other lien against the fee of the Premises. Lessee further covenants and agrees to protect, indemnify, defend and hold harmless Lessor from and against all bills and claims, liens and rights to liens for investigating labor and materials and architect's, engineer's, contractor's and subcontractor's claims, and all fees, claims and expenses incident to the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandconstruction and completion of any improvements, including without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act reasonable attorneys' fees which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed may be incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Lessor in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisestherewith.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Xxxxxx agrees that at all times when the same may be necessary or desirable, Tenant shall keep will take such action as may be required to prevent the Property and Premises free from enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, Xxxxxx’s leasehold interest, or Landlord’s fee interest in connection with any Tenant’s Changes on or respecting the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Xxxxxx’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within 60 Days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale it shall be a material default under this Lease, and Landlord shall have, in addition to all other remedies provided by this Lease or chattel mortgage or any action or proceeding brought thereonby Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose and all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant within 30 Days following written demand by Landlord. Notwithstanding the foregoing, Tenant shall give Landlord written notice at least twenty (20) days prior have the right to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove contest any such lien or encumbrance by in good faith, if, within 60 Days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Ground Lease

Mechanic’s Liens. Tenant shall keep pay or cause to be paid all costs for work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Property and Premises free from any mechanic’s, materialman’s, of a character which will or similar may result in liens or other such encumbrances, including the liens of any security against Landlord’s interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, Building or Building Complex. Tenant warrants that it will keep the Demised Premises and Building Complex free and clear of all mechanic’s 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 reasonable attorneys’ fees, incurred in connection with any Tenant’s Changes on or respecting the Premises not claims of any nature whatsoever for work performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfor, or costs (materials or supplies furnished to Tenant, including attorneys’ fees) arising out lien claims of the same laborers, materialmen or in connection with others. Should any such lienliens be filed or recorded against the Premises, security interest, conditional sale Building Complex with respect to work done for or chattel mortgage materials supplied to or on behalf of Tenant or should any action or proceeding brought thereon. affecting the title thereto be commenced, Tenant shall give Landlord written notice at least twenty (20) days prior cause such liens to the commencement be released of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by Landlord; and if thereof. If Tenant desires to contest any such claim of lien, Tenant shall fail nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as may be provided by applicable law. If Tenant shall be in default in paying any charge for which such a mechanic’s 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 (but without being required to do so, Landlord may ) pay the amount necessary to remove such lien or encumbranceclaim and any costs associated therewith, without being responsible for investigating and the validity thereof. The amount so paid paid, together with interest at the Interest Rate and reasonable attorneys’ fees incurred in connection therewith, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available immediately due from Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas Additional Rent.

Appears in 1 contract

Samples: Commercial Lease Agreement (Intelepeer Inc)

Mechanic’s Liens. The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s's or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, agrees that it will not cause or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove permit any such lien or encumbrance by bond order to attach to or otherwise affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land or buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within thirty (30) days after written the Tenant has notice thereof, discharge said lien or order by Landlord; and if payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within forty-five (45) days after the filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all attorneys, fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and voidpayable by Tenant to Landlord on demand, ortogether with interest as aforesaid, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas additional rent.

Appears in 1 contract

Samples: Lease (Healthworld Corp)

Mechanic’s Liens. The Tenant shall not allow any mechanic’s liens to be filed against the Building. If the Tenant fails to surrender the leased premises in good and clean condition as described above, the Landlord may withhold from the Tenant’s Security Deposit the amount equivalent to the cost of the cleaning or repairs required to restore the leased premises to such condition. The Tenant shall not make any alterations, additions, or improvements to the leased premises, including modification to electrical, plumbing, or mechanical systems, without the prior written consent of the Landlord. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may be made upon the leased premises either by the Landlord or the Tenant, except furniture or movable trade fixtures installed at the expense of the Tenant, shall be the property of the Landlord and shall remain upon and be surrendered with the leased premises at the expiration or termination of this Lease, without compensation to the Tenant. The Tenant further agrees to keep the Property leased premises and Premises all parts thereof in a clean and sanitary condition and free from any mechanic’strash, materialman’s, inflammable material and other objectionable matter. If all or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting a part of the Premisesleased premises are on the ground floor, the Tenant further agrees to keep the sidewalks in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request front of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out such ground floor portion of the same leased premises clean and free of obstructions, snow and ice. If any mechanic’s lien or in connection with any such lienother claim is filed against the leased premises or the Building as a result of alterations, security interestadditions or improvements made by the Tenant, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written the Landlord, at its option, after thirty days’ notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as , may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting terminate this Lease and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrancelien, without being responsible for investigating inquiring into the validity thereof. The amount so paid , and the Tenant shall be deemed Additional Rent under this Lease payable upon demandforthwith reimburse the Landlord the total expense incurred by the Landlord in discharging the lien, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent hereunder.

Appears in 1 contract

Samples: www.churchpublishing.org

Mechanic’s Liens. Tenant The TENANT shall keep not create any lien or other encumbrance upon any interest of the Property and Premises free from LANDLORD or any ground or underlying lessor in any portion of the demised premises. If, because of any act or omission (or alleged act or omission) of the TENANT, any mechanic’s, materialman’s, or similar liens 's or other such encumbranceslien, including charge or order for the liens payment of money or other encumbrance shall be filed against the LANDLORD, and/or any security interest inground or underlying lessor, conditional sales ofand/or any mortgagee, or chattel mortgages upon, and/or any materials, fixtures, or articles so installed in and constituting part portion of the Premisesdemised premises (whether or not such lien, in connection with any Tenant’s Changes on charge, order or respecting encumbrance is valid or enforceable as such), the Premises not performed by TENANT shall, at its own cost and expense, cause the same to be discharged of record or at bonded within ten (10) days after notice to the request TENANT of Landlord the filing thereof; and the TENANT shall indemnifyindemnify and save harmless the LANDLORD, defend, protectall ground and underlying lessor(s), and hold Landlord harmless all mortgagees against and from and against any claimsall costs, liabilities, judgementssuits, penalties, claims and demands, including reasonable counsel fees and appellate counsel fees resulting therefrom. In the event the TENANT fails to comply with the foregoing provisions of this paragraph, the LANDLORD shall have the option of discharging or costs (including attorneys’ fees) arising out of the same or in connection with bonding any such lien, security interestcharge, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond payment or otherwise within thirty otherwise, and the TENANT agrees to reimburse the LANDLORD for all costs, expenses and other sums of money in connection therewith (30as Additional Rent) days after written notice by Landlord; and if Tenant shall fail with interest at the rate of eighteen percent (18%) per annum promptly upon demand. Pursuant to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid Florida law representation of this clause shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest stated in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesmemorandum of lease.

Appears in 1 contract

Samples: Lease Agreement (Imx Pharmaceuticals Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit to be created or to remain undischarged any mechanic’sitems, materialman’s, encumbrance or similar liens or other such encumbrances, including the liens charge arising out of any security work of any contractor, mechanic, laborer or material man which might be or become a lien or encumbrance or charge upon the Premises or any part thereof or the income therefrom, and Tenant will not permit the rights and interest in, conditional sales of, of Landlord in the Premises or chattel mortgages upon, any materials, fixtures, part thereof might be impaired. If any lien on account of an alleged debt of Tenant or articles so installed in and constituting part any notice of contract by a party engaged by Xxxxxx or Xxxxxx's contractor to work on the Premises shall be filed against the Premises, in connection with any Tenant’s Changes on Building or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsLot, or costs any part hereof, within ten (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice of the filing thereof Tenant shall cause the same to be discharged of record by Landlord; and if payment or bond. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid then, in addition to any other right or remedy, Landlord may may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor or to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Xxxxxxxx and all costs and expenses, including without limitation reasonable attorney fees, incurred by Landlord in connection therewith, together with interest thereon at the rate specified in Paragraph 19(d) from the respective date of Landlord's making of the payment or incurring of the cost and expense, shall be deemed constitute Additional Rent payable by Tenant under this Lease payable and shall be paid by Tenant to Landlord immediately upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Sync Research Inc

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including liens to be filed against the liens of any security interest in, conditional sales of, Demised Premises or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any against Tenant’s Changes on leasehold interest therein by reason of work, labor, services or respecting materials supplied or claimed to have been supplied to Tenant or anyone holding the Demised Premises not performed by or at the request of Landlord and shall indemnify, defend, protectany part thereof through or under Tenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing nothing contained in this Lease shall authorize be deemed or construed in any way as constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of the Demised Premises, nor as giving Tenant any 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 mechanics’ liens against the Demised Premises. Landlord shall have the right at all reasonable times to post and keep posted on the Demised Premises any notices that may be provided by law which Landlord may reasonably deem necessary or advisable for the protection of Landlord and the Demised Premises from mechanics’ liens. If any such mechanic’s lien shall at any time be filed against the Demised Premises, within sixty (60) days after the date of filing, Tenant shall cause the same to be discharged of record or bonded (at Tenant’s option). If Tenant shall fail to discharge or bond such mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge such lien by paying the amount claimed to be due or by deposit in court or by bonding, and in any such event Landlord may compel the prosecution of an action for the foreclosure of such mechanic’s lien by the lienor and pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any reasonable amount so paid by Lxxxxxxx, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the Default Rate from the date of payment, shall be repaid by Tenant to do Landlord on demand. Notwithstanding the foregoing, Tenant at its expense may contest by appropriate legal proceedings, conducted in good faith and with due diligence the amount, validity or application in full or in part, of any act which lien referred to in this Article XII, provided that (a) neither the Demised Premises or any substantial part thereof would be in substantial danger of imminently being forfeited or lost in consequence of the enforcement of the contested lien, and (b) Tenant shall subject Landlord’s title have furnished such security, if any, as may be required in the proceedings. Landlord covenants and agrees not to exercise any right or remedy prior to the Property or Premises final and unappealable resolution of any contest by Txxxxx, except as may be required of Landlord by any party to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest Operative Documents in the Premises and shall in all respects be subordinate to Landlordexercise of such other party’s title to the Property and Premisesrights thereunder.

Appears in 1 contract

Samples: Intercompany Master Lease Agreement (Quality Gold Holdings, Inc.)

Mechanic’s Liens. Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from any mechanic’s, materialman’sleased premises, or similar any part thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from or other such encumbrances, including any claim for damage growing out of the liens work of any security interest inconstruction, conditional sales ofrepair, restoration, replacement or improvement, or chattel mortgages uponany other claim or demand howsoever the same may arise, but Tenant shall pay or cause to be paid all of said liens, claims or demands before any materials, fixtures, or articles so installed in action is brought to enforce the same against said land; and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, Tenant agrees to indemnify and hold Landlord and said land free and harmless from all liability for any and against any claimsall such liens, liabilitiesclaims and demands, judgements, or together with reasonable attorneys' fees and all costs (including attorneys’ fees) arising out of the same or and expenses in connection with therewith. Notwithstanding anything to the contrary hereinabove contained in this ARTICLE XI, if Tenant shall in good faith contest the validity of any such lien, security interestclaim or demand, conditional sale or chattel mortgage or then Tenant shall, at its expense, defend itself and Landlord against the same and shall pay and satisfy any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as adverse judgment that may be necessary under applicable Laws)rendered thereon before the enforcement thereof against Landlord or the leased premises, upon the condition that if Landlord shall require, Landlord shall furnish to Landlord a surety bond satisfactory to Landlord in order an amount equal to afford such contested lien, claim or demand indemnifying Landlord against liability for the opportunity same, and holding the leased premises free from the effect of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond claim or otherwise within thirty (30) days after written notice by Landlord; and if Landlord shall request, Tenant shall fail to do soprocure and record the bond provided for in Section 1193-2 of the California Code of Civil Procedure, Landlord may pay or any comparable statute hereafter enacted providing for a bond freeing the amount necessary to remove leased premises from the effect of such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property claim or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesaction thereon.

Appears in 1 contract

Samples: Ground Lease (Hines Horticulture Inc)

Mechanic’s Liens. 10.01 During the term of this Lease, Tenant shall keep the Property not permit to remain, and Premises free from any mechanic’sshall promptly discharge, materialman’sat its cost and expense, all liens, encumbrances and charges (other than liens, encumbrances and charges created by Landlord, or similar arising solely out of any action of Landlord) upon the Building or the Leased Premises or any part thereof; provided, that the existence of any mechanics', laborers', materialmens', suppliers' or vendors' liens or other rights thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof and if such encumbrancescontract does not postpone payment for more than ninety (90) days after the performance thereof. Tenant shall, including however, have the liens right to contest with due diligence the validity or amount of any security interest in, conditional sales of, lien or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such claimed lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. if Tenant shall give to Landlord written notice at least twenty (20) days prior such security as Landlord may reasonably require to insure payment thereof and prevent any sale, foreclosure or forfeiture of the commencement Leased Premises or any portion thereof by reason of work on any Tenant’s Change in such nonpayment. On final determination of the Premises (lien or such additional time as may be necessary under applicable Laws)claim for lien, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove immediately pay any such judgment rendered with all proper costs and charges and shall have the lien released or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; judgment satisfied at Tenant's own expense, and if Tenant shall fail to do so, Landlord may at its option pay any such final judgment and clear the Leased Premises therefrom. If Tenant shall fail to contest with due diligence the validity or amount necessary to remove of any such lien or encumbranceclaimed lien, without being responsible for investigating or to give Landlord security as hereinabove provided, Landlord may, but shall not be required to, contest the validity thereof. The or amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do of any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a such lien or encumbrance upon claimed lien or settle or compromise the Property same without inquiring into the validity of the claim or Premises arising in connection with any Work on or respecting the Premises not performed by or at reasonableness of the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesamount thereof.

Appears in 1 contract

Samples: Foodbrands America Inc

Mechanic’s Liens. From and after the Commencement Date (or such earlier date that Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of enters the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice Notice of Tenant's intention to perform any work on the Premises which might result in any claim of lien at least twenty (20) days prior to the commencement of such work on to enable Landlord to post and record a notice of nonresponsibility or other notice Landlord deems proper prior to the commencement of any such work. Tenant shall not permit any mechanic's, materialmen's or other liens to be filed against the Property or the Building or any portion thereof or against Tenant’s Change 's leasehold interest in the Premises. If Tenant fails to cause the release of record of any lien(s) filed against the Property or the Building or any portion thereof or its leasehold estate in the Premises by payment or posting of a proper bond within ten (or such additional time as may be necessary under applicable Laws10) days from the date of the lien filing(s), in order then Landlord may, at Tenant's expense, cause such lien(s) to afford be released by any means Landlord deems proper, including, but not limited to, payment of or defense against the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Landlord in connection with any Work the release of the lien(s), including, but not limited to, all costs, expenses and actual attorneys' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on or respecting the Premises not performed demand by or Landlord, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against such demand until paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Form Office Lease (8x8 Inc /De/)

Mechanic’s Liens. Tenant Nothing in this lease shall keep be deemed or construed in any way as constituting the Property and consent or request of Lessor, express or implied, to any contractor, subcontractor, laborer or material man for the performance of any labor or the furnishing of any materials for any specific improvements, alteration to or repair of the Demised Premises free from or any part thereof, nor as giving Lessee any right, power or authority to contract for or permit the rendering of any service or the Furnishing of any materials that would give rise to the filing of any lien against the Building or any part thereon. Lessee agrees to ensure that no mechanic’s, ’s or materialman’s’s lien will be filed against the Demised Premises or the Building, or similar liens any part thereof, for any work claimed to have been done or other for any material claimed to have been furnished to Lessee, and, if any such encumbrancesliens, including are filed against the liens of any security interest in, conditional sales ofDemised Premises or the Building, or chattel mortgages uponany part thereof, any materialslessee will discharge same within five (5) days thereafter. If lessee shall fail to cause such lien, fixturesencumbrance or charge to be discharged within a five (5) day period, Lessor may, but shall not e obligated to, discharge the lien, either by paying the amount claimed to be due or articles so installed in and constituting part by pursuing the discharge of the Premiseslien through udicia1 proceedings. Lessee agrees to pay Lessor, upon demand, as additional Rental, the sum paid by Lessor to discharge the mechanics or materialman’s liens, together with court costs and easonab1e attorney’s fees. At the request of Lessor, Lessee agrees to secure payment bond satisfactory to Lessor, securing the payment of all amounts due to mechanics and materialmen in connection with any Tenant’s Changes on work claimed to have been done or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or material claimed to have been furnished to Lessee in connection with any such lien, security interest, conditional sale alterations or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior repairs to the commencement of work on any Tenant’s Change in the Demised Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Vemics, Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority, express or implied, to create or place any mechanic’s, materialman’s, lien or similar liens or other such encumbrances, including the liens encumbrance of any security kind or nature whatsoever upon the interest inof Landlord or Tenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenaxx, conditional sales of, xxcluding those who may furnish materials or chattel mortgages upon, perform labor for any materials, fixtures, construction or articles so installed in repairs. Tenant covenants and constituting part agrees that it will pay or cause to be paid all sums legally due and payable by it on account of the Premises, any labor performed or materials furnished in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at on behalf of Tenant on the request of Landlord Premises and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or under the terms of this Lease arising from such additional time as may be necessary under applicable Laws), in order work. Tenaxx xxxees to afford give Landlord prompt written notice of the opportunity placing of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by against the Premises. If any mechanics' or materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of such M&M Lien so long as (i) prior to any such contest (and no later than 30 days after such lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail affect Tenant's indemnification obligations with respect to do so, Landlord may pay the amount necessary to remove such M&M Lien. Xx any lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only is asserted against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.the

Appears in 1 contract

Samples: Lease Agreement (Advancepcs)

Mechanic’s Liens. Tenant shall agrees that it will pay or cause to be paid all costs for all work done by it or caused to be done by it on the Demised Premises, and Tenant will keep the Property and Demised Premises free from any and clear of all mechanic’s, materialman’s, 's liens and other liens on account of work done for Tenant or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord persons claiming under it. Tenant agrees to and shall indemnify, defenddefend and save the Landlord free and harmless against liability, protectloss, damage, costs, attorneys' fees, and hold all other expenses on account of claims of Hen of laborers or materialmen or others for work performed or materials or supplies furnished for the Tenant or persons claiming under it. If the tenant shall desire to contest any claim of lien, it shall furnish the Landlord harmless from adequate security of the value or in the amount of the claim, plus estimated costs and against any claims, liabilities, judgementsinterest, or costs (including attorneys’ fees) arising out a bond of a responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, the Tenant shall pay and satisfy the same or at once. If the Tenant shall be in default in paying any charge for which a mechanic's lien claim and suit to foreclose the Lien have been filed, and shall not have given the Landlord security to protect the property and the Landlord against such claim of lien, the Landlord may (but shall not be required to) pay the said claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from the Tenant to the Landlord, and the Tenant shall pay the same to Landlord with interest at a maximum rate allowed under the Law of the State of California in effect at the time this Lease was executed from the dates of the Landlord's payments. Should any claims of lien be filed against the Demised Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. The Landlord or its representatives shall have the right to go upon and inspect the Demised Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility, or such other notices which the Landlord may deem to be proper for the protection of the Landlord's interest in the Demised Premises. The Tenant shall, before the commencement of any work which might result in any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give to the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail his intention to do so, Landlord may pay so in sufficient time to enable the amount necessary to remove posting of such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesnotices.

Appears in 1 contract

Samples: Top Group Holdings Inc

Mechanic’s Liens. SECTION 23.1. Tenant shall keep the Property and Premises free from not permit any mechanic’s, laborer’s or materialman’s, or similar liens or other such encumbrances, including the liens of ’s lien to be filed at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting time against the Premises not or any part thereof by reason of work performed by or at on behalf of Tenant or any agent or contractor or anyone holding the request Premises through or under Tenant. If any such lien shall be filed, Tenant, upon notice thereof, shall, within fifteen (15) days of the date of receipt of notice of such filing, notify Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receipt of notice of such filing cause the same to be discharged of record by Landlord; payment, deposit, bond, order of a court of competent jurisdiction or otherwise, and if Tenant shall give Landlord prompt notice of such discharge. If Tenant shall fail to do socause such lien to be so discharged, then in addition to any other right or remedy which Landlord may have, Landlord may may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of 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 any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Xxxxxxxx and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the lesser of the Prime Rate plus two hundred (200) basis points, or (ii) the maximum rate permitted by law, from the date of Landlord’s making of the payment or incurring of the cost or expense, shall be deemed Additional Rent under this Lease payable promptly paid to Landlord by Tenant upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease

Mechanic’s Liens. SECTION 13.1 Tenant shall keep will not suffer or permit any Construction Lien Claim or Notice of Unpaid Balance and Right To File Lien ("LIEN") against the Demised Premises and/or Property and Premises free from or any mechanic’spart thereof, materialman’sby reason of any work, services, material and/or equipment provided, or similar liens claimed to have been provided, for or other such encumbrances, including the liens of to Tenant or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant’s Changes on or respecting . If at any time a Lien is filed against the Demised Premises not performed by or at the request of Landlord and shall indemnifyand/or Property, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of Tenant will cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by to Tenant of the filing of same. If Tenant fails to discharge any such Lien within such period, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may elect, but shall not be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount necessary of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which Chemical Bank announces as its so called prime rate or base rate, from time to remove such lien time, plus five (5%) percent, from the date of payment or encumbrancedeposit, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease will become due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize forthwith by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesas additional rent.

Appears in 1 contract

Samples: Agreement of Lease (Nelson Communications Inc)

Mechanic’s Liens. Tenant Field Contractor shall keep the Property and Premises free from not suffer or permit any mechanic’s, laborer’s or materialman’s’s lien, or similar liens any other lien, to exist upon lands or other such encumbrances, including the liens property of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part City by reason of the Premises, in connection with any TenantField Contractor’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectoperations hereunder, and Field Contractor shall hold Landlord City harmless from and against any claimsand all such liens. If, liabilitieshowever, judgementsas a result of any Unit Operations, any liens shall be filed upon any lands within the Unit Area owned by or costs (including attorneys’ fees) subject to the control of City or the State by any mechanic, laborer or materialman, Field Contractor shall, with due diligence, and at its own cost and expense, defend any action brought to foreclose such lien, and such cost and expense shall be borne by Field Contractor and shall not be chargeable to any Contractor’s Net Profits Account, and, if it shall be necessary for City or State to defend or prosecute any action arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; for its own protection, Field Contractor shall pay and if Tenant discharge all reasonable expense incurred in so doing at Field Contractor’s sole cost and expense, and such cost and expense shall fail not be chargeable to do soany Contractor’s Net Profits Account. In the event of judgment being rendered in favor of such claimant in any such action, Landlord may Field Contractor will promptly pay the same on final judgment, together with all costs of suit, at Field Contractor’s sole cost and expense and such cost and expense shall not be chargeable to any Contractor’s Net Profits Account. The foregoing provisions of this article shall not apply to the extent of the principal amount necessary of any obligation giving rise to remove any such lien where such obligation was incurred by reason of compliance with any request, approval, or encumbrancedetermination of the City Manager or the Unit Operator, without being responsible for investigating the validity thereof. The amount so paid and shall be deemed Additional Rent under this Lease payable upon demand, without limitation as not apply to any other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title costs and expenditures to the Property extent they were incurred by reason of such compliance. Field Contractor shall exercise due care and diligence in protecting from defacement or Premises destruction any notices of non-responsibility for liens which City may post, or cause to be posted, upon any liens or encumbrances, whether claimed property of the City used by operation Field Contractor hereunder. Field Contractor shall also comply with the provisions of law or express or implied contract. Any claim Section 7.6 of the Unit Operating Agreement concerning Unit Operator’s obligations with respect to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesliens.

Appears in 1 contract

Samples: Contractors’ Agreement (California Resources Corp)

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenants sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’sliens arising out of work performed, materialman’smaterials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be due from Tenant as Additional Rent within 15 days after demand therefor. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or similar liens other personal property of a removable nature utilized by Tenant in the operation of Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or other creditor of Tenant will upon its face or by exhibit thereto indicate that such encumbrances, including the liens Financing Statement is applicable only to removable personal property of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of Tenant located within the Premises, in connection with any Tenant’s Changes on or respecting no event shall the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out address of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to Project be furnished on the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, statement without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation qualifying language as to other remedies available applicability of the lien only to Landlord under this Leaseremovable personal property, located in an identified suite held by Tenant. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesAS AMENDED.

Appears in 1 contract

Samples: Lease Agreement (NextCure, Inc.)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from Sublessee will not permit any mechanic’s, materialman’s’s liens, or similar liens other liens, to be placed upon the Premises or other such encumbrancesany building or improvement thereon during the term hereof as a result of Sublessee’s actions, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed and in and constituting part case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestSublessee will promptly pay same; provided, conditional sale however, that Sublessee shall have the right to contest the validity or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement amount of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien upon posting security with Sublessor which in Sublessor’s reasonable judgment is adequate to pay and discharge any such lien in full if held valid. Sublessee shall have sixty (60) days after filing to pay the lien or encumbrance post security as provided. If default in payment thereof shall continue for thirty (30) days after notice thereof from Sublessor to Sublessee, (unless Sublessee shall have posted security as aforesaid), Sublessor shall have the right and privilege at Sublessor’s option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be immediately due by bond or otherwise within Sublessee to Sublessor and shall be paid promptly upon presentation of xxxx therefor. Sublessor covenants that it will not permit any mechanic’s liens to be placed on the Subleased Premises, and that, should such lien be recorded against the Subleased Premises, Sublessor will ensure its removal not later than thirty (30) days after written notice demand therefor is made upon Sublessor by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesSublessee.

Appears in 1 contract

Samples: Sublease (Griffin Realty Trust, Inc.)

Mechanic’s Liens. Tenant shall keep the Property agrees to pay promptly for all costs and Premises free from charges for all labor done or materials furnished for any mechanic’swork of repair, materialman’smaintenance, improvement, alteration or similar liens or other such encumbrancesaddition, including the liens including, without limitation, installation of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, done or articles so installed caused to be done by Tenant in and constituting part of connection with the Premises, in connection with any Tenant’s Changes on or respecting and Tenant hereby indemnifies and agrees to hold Landlord and the Premises not performed by or at the request of Landlord free, clear and shall indemnify, defend, protect, and hold Landlord harmless from and against any claimsall liens and claims of liens, and all other liabilities, judgementsclaims and demands (including, or costs (including without limitation, reasonable attorneys’ fees) arising out ), that arise by reason of such work. If any such lien shall at any time be filed against the Premises, or any portion of the same or in connection with any such lienBuildings, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least either cause the same to be discharged of record within twenty (20) days prior after the date upon which the same is filed or, if Tenant in its discretion and in good faith determines that such lien should be contested, Tenant shall record, in the office of the county recorder in which such claim of lien was recorded, a bond executed by a corporation authorized to issue surety bonds in the commencement State of work on any Tenant’s Change California, in a penal sum equal to one and one-half (1 1/2) times the amount of the claim or one and one-half (1 1/2) times the amount allocated to the Premises (and/or to other portions of the Buildings, Project, or Property) to prevent any foreclosure proceedings against the Premises (and/or other portions of the Buildings, Project, or Property) during the pendency of such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitycontest. Tenant shall remove any such lien or encumbrance by Such bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandconditioned for the payment of any sum which the claimant may recover on the claim together with the claimant’s costs of suit in the action, without limitation as to other remedies available to Landlord under this Leaseif the claimant recovers therein. Nothing contained in this Lease herein shall authorize Tenant imply any consent or agreement on the part of Landlord to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the real property of which the Premises are a part to liability under any mechanics’ or other lien law. Should Tenant receive notice that a claim of lien has been or is about to be filed against the Premises, the Buildings, Property or Project or that any action affecting the title to such property has commenced or is about to commence, Tenant shall immediately transmit such notice and shall in all respects be subordinate information to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

Mechanic’s Liens. Landlord hereby NOTIFIES ALL MECHANICS, MATERIALMEN AND OTHER LIENORS THAT PURSUANT TO F.S. (ss)713.10, ANY LIENS UNDER F.S. CH. 713 SHALL EXTEND 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 THE DEMISED PREMISES AND ALL OTHER PORTIONS OF THE PREMISES SHALL NOT 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 materials to be made in or delivered to the Demised Premises, Tenant shall keep notify the Property and contractor of the foregoing provisions. Tenant further agrees that upon request of Landlord, Tenant shall execute a notice which sets forth the foregoing provisions, which notice may be recorded by Landlord in the public records of the county where the Premises free from are located. Tenant shall not suffer or permit any mechanic’s's lien to be filed against the interest of Landlord or Tenant in the Premises by reason of work, materialman’sservices or materials supplied to Tenant, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonpart thereof. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove If any such lien or encumbrance by bond or otherwise shall be filed at any time, Tenant shall promptly, and in any event within thirty (30) days after written notice by Landlord; and the filing thereof, cause the same to be discharged of record, provided, if Tenant shall fail to do sopromptly bond such lien with a responsible surety company, Landlord Tenant may pay contest the amount necessary to remove or validity of any such lien or encumbranceby appropriate proceedings, without being responsible diligently prosecuted, and such contest shall defer for investigating its duration Tenant's duty hereunder to discharge the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessame.

Appears in 1 contract

Samples: Lease Agreement (Smart Choice Automotive Group Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by Oyster Point Marina Plaza Office Lease Kashiwa Fudosan Aanerica, :: MyoKardia, Inc. page 23 of 51 myokardia Ise 5-111318.doc [Suites 306 & 321 (395 OPB); 22,090 bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall whichshall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.

Appears in 1 contract

Samples: Lease Commencement Date Agreement (MyoKardia Inc)

Mechanic’s Liens. Tenant shall keep not suffer or give cause for the Property and Premises free from filing of any mechanic’s, materialman’s, or similar liens ’s lien or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond against the Leased Premises. In the event any mechanic’s lien or otherwise other lien or encumbrance is filed against the Leased Premises or any part thereof for work claimed to have been done for, or material claimed to have been furnished to, the Tenant, Tenant shall cause such mechanic’s lien or other lien or encumbrance to be discharged of record within thirty (30) days after written notice filing by Landlord; and if Tenant bonding or as provided or required by law or in any other lawful manner or shall fail provide evidence that the lien or encumbrance is being contested by proceedings adequate to do so, Landlord may pay prevent foreclosure of the amount necessary to remove such lien or encumbrance, without being responsible for investigating together with satisfactory indemnity (in an amount not less than one hundred fifty percent (150%) of the validity claimed lien or encumbrance) to Landlord within thirty (30) days after the filing thereof. The amount so paid Tenant shall be deemed Additional Rent under this Lease payable upon demandindemnify, without limitation defend and hold harmless Landlord from all claims, judgments, liabilities, losses, costs, and expenses incurred by Landlord as a result of, or in connection with, any such mechanic’s lien or other lien or encumbrance. All liens suffered or caused by Tenant shall attach to other remedies available to Landlord under this LeaseTenant’s interest only. Nothing contained in this Lease shall authorize be deemed or construed to constitute consent to, or request of, any party for the performance of any work for, or the furnishing of any materials to, Tenant, nor as giving Tenant the right or authority to do contract for, authorize, or permit the performance of any act which shall subject Landlordwork or the furnishing of any materials that would permit the attaching of a mechanic’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property other lien or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesencumbrance.

Appears in 1 contract

Samples: Lease (Aqua Power Systems Inc.)

Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not ----------------- to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant will not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the term hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant will promptly pay same. Tenant If default in payment thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such xxxx shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null subject to liens for improvements made by Tenant in and void, or, at Landlord’s option, to the Premises. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and other a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord shall not be subject to liens for improvements made by Tenant to the Premises.

Appears in 1 contract

Samples: Lease (Virtual Mortgage Network Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s’s liens to be filed against the Premises or any part thereof by reason of work, materialman’slabor, services, or similar materials supplied or claimed to have been supplied to Tenant or anyone holding (or claiming to hold) the Premises or any part thereof through or under Tenant. If any such mechanic’s liens or other such encumbrances, including notice of lien shall at any time be filed against the liens Premises on account of an alleged debt of Tenant or any security interest in, conditional sales of, notice of lien by a party engaged by Xxxxxx or chattel mortgages upon, any materials, fixtures, Xxxxxx’s contractor or articles so installed in and constituting part of materialmen to work on the Premises, Tenant shall cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise within forty-five (45) days after the date of filing the same, or in connection the event such party disputes the validity of such lien, such party may deposit 110% of the amount claimed by the lien holder in escrow with a title insurance company, and/or the other party, or as prescribed by law as security against foreclosure of the lien. If Tenant fails to discharge such mechanic’s lien within such period, then, in addition to any Tenant’s Changes on other right or respecting the Premises not performed by or at the request remedy of Landlord and hereunder, Landlord may, but shall indemnifynot be obligated to, defend, protectdischarge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, and hold Landlord harmless from all reasonable legal and against any claimsother expenses of such party, liabilities, judgements, or costs (including reasonable attorneys’ fees) arising out , in procuring the discharge of the same or in connection with any such lien, security interestwith all necessary disbursements in connection therewith, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice with interest thereon at least twenty the rate of five percent (205%) days prior to per annum from the commencement date of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid payment shall be deemed repaid by Tenant on demand. Any such amount owed by Tenant to Landlord shall become immediately due and payable by Xxxxxx as Additional Rent under this Lease payable upon with the next succeeding installment of monthly Base Rent which shall become due after such demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained in this Lease shall authorize Tenant imply any consent or agreement on the part of Landlord to do any act which shall subject Landlord’s title estate to the Property or Premises to liability under any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic’s lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any 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 any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation of law the Building, or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesTenant fails to obtain the release of such lien or provide a bond allowing the release thereof within the time frames required within this Lease, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period.

Appears in 1 contract

Samples: Office Lease Agreement (Outdoor Channel Holdings Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sand all liens arising out of any work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any obligations incurred by Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and . Tenant shall indemnify, defend, protect, defend and hold Landlord harmless against any claim, demand, liability or expense on account of claims for work done or materials supplied for Tenant or persons claiming under it. In the event Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting or a proper bond, Landlord shall have, in addition to all other remedies provided herein and at law or in equity, the right, but no obligation, to cause same to he released by such means as it shall deem proper including, but not limited to, payment of the claim giving rise to such lien. All such sums paid by Landlord and all expense incurred by it in connection therewith shall be considered INITIAL: Landlord /si/ SS Tenant /si/ PBH -------- --------- additional rent and shall be payable to it by Tenant on demand with interest at the maximum rate permitted by law. Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and Completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated costs of any improvements, additions or alterations to the premises to insure Landlord and the Building from and against any claims, liabilities, judgementsliability for mechanic's or materialmen's liens and to insure completion of the work. Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or costs (including attorneys’ fees) arising out which Landlord shall deem proper, for the protection of Landlord, the same or in connection with Building and any such lienother party having an interest therein from mechanic's and materialmen's liens, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. and Tenant shall give to Landlord written notice at least twenty five (205) days business days' prior to the notice of commencement of any work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Agreement of Lease (FNB Bancorp/Ca/)

Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the same right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of any of Tenant’s Personal Property of a removable nature utilized by Tenant in connection with the operation of Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or creditor of Tenant will upon its face or by exhibit thereto indicate that such lienFinancing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, security interestlocated in an identified suite held by Tenant. Landlord agrees to execute consent and waiver forms reasonably acceptable to Landlord, conditional sale consenting to the foregoing and releasing any liens against specifically enumerated collateral in favor of any purchase money seller, lessor or chattel mortgage or any action or proceeding brought thereonlender. Tenant acknowledges and agrees that it shall give be reasonable for Landlord written notice at least twenty to refuse to execute any consent and waiver form that (20a) days is blanket in nature (i.e., fails to specifically enumerate the individual items of the subject personal property), (b) provides for the potential continued presence of Tenant’s Personal Property in the Premises following the expiration or earlier termination of this Lease or (c) fails to permit Landlord to dispose of Tenant’s personal Property if not removed by Tenant or such purchase money seller, lessor or lender prior to the commencement expiration or termination of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.

Appears in 1 contract

Samples: Lease Agreement (Arena Pharmaceuticals Inc)

Mechanic’s Liens. No work performed by Tenant whether in the nature of erection, construction, alteration or repair, shall keep bee deemed to be for the Property immediate use and Premises free from any benefit of Landlord. No mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall attach to or be allowed to stand against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed improvements made by Tenant or at the request or direction of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor(s) in, on or about the Lease Premises. In the event any mechanic's or other lien shall at least twenty (20) days prior any time be filed against the Lease Premises or the Commercial Center 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 Lease Premises through or under Tenant, Tenant shall cause the same to be discharged of record or bonded to the commencement satisfaction of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityLandlord. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be so discharged or bonded after being notified of the filing thereof, then in addition to any other right or remedy of Landlord, Landlord may pay discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord (including actual attorney's fees and expenses incurred by Landlord either defending against such lien or encumbrancein procuring the discharge of such lien), without being responsible for investigating the validity thereof. The amount so paid together with interest thereon, shall be deemed Additional Rent under this Lease due and payable upon demandby Tenant to Landlord as additional Base Rental. Nothing herein contained shall be construed as a consent by Landlord for Tenant to make any alterations, without limitation improvements, installations or additions so as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises give rise to any liens right to any laborer or encumbrances, whether claimed by operation of law or express or implied contract. Any claim materialman to a file any mechanic's lien or encumbrance upon any notice thereof, or any other lien purporting to affect Landlord's property or the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidCommercial Center. NOTICE AND DISCLAIMER PURSUANT TO (S)713.10, orFLA. STAT. PURSUANT TO (S)713.10, at Landlord’s optionFLA. STAT., shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesTHE FEE SIMPLE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS, ALTERATIONS, ADDITIONS, REMODELING OR REPAIRS ON TO OR ABOUT THE LEASE PREMISES MADE BY TENANT OR UNDER THE DIRECTION OR REQUEST OF TENANT. A COPY OF THIS LEASE HAS BEEN RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.

Appears in 1 contract

Samples: Commercial Lease Agreement (Sunstar Healthcare Inc)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from has no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including the liens 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 legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes on or respecting the Premises not work performed by or at on behalf of Tenant on the request of Landlord Premises and shall indemnify, defend, protect, that it will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or under the terms of this Lease arising from such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitywork. Tenant shall remove agrees to give Landlord prompt written notice of the placing of any such lien or encumbrance by bond against the Premises. If any mechanics' or otherwise within materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such M&M Lien Tenant shall have the right to contest the assertion, placement or attachment of such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after written notice by Landlordsuch lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; and if provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant's indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or its agents or contractors, Tenant shall fail to do so, Landlord may pay the amount necessary not be obligated to remove such lien or encumbrance, without (it being responsible for investigating agreed that the validity thereof. The amount so paid removal of such lien shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's obligation).

Appears in 1 contract

Samples: Disturbance Agreement (Ameritrade Holding Corp)

Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party shall be deemed authorized and shall indemnify, defend, protectordered by Tenant only, and hold Tenant shall not permit any mechanics' liens to be filed against the Premises or the Complex in connection therewith. Upon completion of any such work (other than Minor Alterations), Tenant shall deliver to Landlord harmless final lien waivers from all contractors, subcontractors and against any claimsmaterial men who performed such work. If such a lien is filed, liabilitiesthen Tenant shall, judgements, or costs (including attorneys’ fees) arising out within ten days after Landlord has delivered notice of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. filing thereof to Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional earlier time period as may be necessary under applicable Lawsto prevent the forfeiture of the Premises, the Complex or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), in order either (1) pay the amount of the lien and cause the lien to afford be released of record, (2) insure over or bond off such lien to Landlord's reasonable satisfaction, or (3) diligently contest such lien and deliver to Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitya bond or other security reasonably satisfactory to Landlord. If Tenant shall remove fails to timely take any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do soaction, then Landlord may pay the amount necessary lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to remove such lien Landlord 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 encumbranceother similar relationships). Accordingly, without being responsible all material men, 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 investigating the validity thereoffurnishing 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 Te=, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. The amount so paid Nothing herein shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to a consent by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance being placed upon the Property Premises, the Complex or Premises Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or material man 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, damages and expenses (including attorneys' fees) in any way arising in connection with from or relating to the failure by any Work on Tenant Party to pay for any work performed, materials furnished, or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. This indemnity provision shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Mechanic’s Liens. Nothing in this Lease shall be deemed or construed 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 improvement, alteration or repair of the Premises or any part thereof nor as giving Tenant any right, power, authority or permit for the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the real property of which the Premises is a part, the Premises or any part thereof. Any work done for and materials supplied to Tenant by a contractor, subcontractor, laborer or materialman at Tenant's request shall be paid for by Tenant directly, and Landlord shall have no liability therefor. Tenant shall keep the Property Building and the Premises free from and clear of all liens for any mechanic’s, materialman’s, work or similar liens material claimed to have been furnished to Tenant or to the Premises on Tenant's behalf and all work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with or disturb other such encumbrances, including the liens of any security interest in, conditional sales of, tenants or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part occupants of the Premises, Building. Nothing contained in connection with the previous sentence shall require Tenant to do any Tenant’s Changes on or respecting work "after hours". Any mechanic's lien filed against the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, Building for work claimed to have been done or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior for materials claimed to have been furnished to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may shall be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. discharged by Tenant shall remove any such lien or encumbrance by bond or otherwise at its expense within thirty (30) days after written Landlord shall have given Tenant a notice of such filing, by Landlord; and if Tenant shall fail to do sopayment, Landlord may pay filing of the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed bond required by operation of law or express or implied contractotherwise. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, ormay, at Landlord’s 's option, discharge any such lien by bonding same if Tenant fails to do so after such notice and the expiration of the thirty (30) day period, and Landlord's expense in so doing (including reasonable attorneys' fees) shall attach only against be paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises, as additional rent, within ten (10) days after receipt of its next rent bill.

Appears in 1 contract

Samples: Agreement of Lease (STV Group Inc)

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