Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 8 contracts

Samples: To Lease (Radiation Therapy Services Holdings, Inc.), To Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

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Mechanic’s Liens. No work performed by Tenant pursuant shall have no authority or power, express or implied, to this Lease, whether in the nature of erection, construction, alteration create or repair, shall be deemed cause to be for the immediate use and benefit of Landlord so that no created any mechanic’s, materialmen’s or other lien shall lien, charge or encumbrance of any kind against any Leased Premises. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be allowed filed against the estate of Landlord any Leased Premises by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted acts or omissions or because of a claim against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be cancelled or discharged of record by bond or bonded otherwise within sixty (60) days after notice to the satisfaction of Landlord Tenant by Landlord, or within thirty (30) days of after notice to Tenant by Landlord if at the time of such liennotice Landlord anticipates a sale or refinancing of any Leased Premises will be closed within sixty (60) days after said notice (and if Landlord includes that fact in Landlord’s notice to Tenant). If Tenant shall fail to cause such cancel or discharge said lien or liens within the time provided pursuant to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlordthis Section 5.4, Landlord may bond may, at its sole option, cancel or discharge the same by paying the amount claimed to be duesame, and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens. Except to the amount so paid extent that such costs, losses, or liabilities are caused by Landlord’s actions, Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees incurred by Landlord either in defending against such lien and costs of suit), losses, liabilities, or in procuring the bonding causes of action arising out of or discharge of such lienrelating to any alterations, together with interest thereon at the Default Rate, shall be due and payable additions or improvements made by Tenant to the Leased Premises, including any mechanic’s or materialman’s liens asserted in connection therewith. Landlord as Additional Rentand Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises or the Property shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and that Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease. Landlord may file in the public records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and materialmen performing work in or for or supplying materials to the Leased Premises of the existence of the prohibition contained in this paragraph.

Appears in 7 contracts

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

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (3020) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 5 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Addendum to Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other 's liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or 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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Taysha Gene Therapies, Inc.), Lease Agreement (Alco Stores Inc), Lease Agreement (Airvana Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or 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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Cleanspark, Inc.), Lease Agreement, Lease Agreement (Republic Companies Group, Inc.)

Mechanic’s Liens. No Tenant shall keep the Premises, Buildings and Project free from any liens arising out of any work performed performed, materials furnished or obligations incurred by Tenant pursuant Tenant, including but not limited to this Leasemechanic liens, whether in the nature of erectionmaterialman liens, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason liens of any consent given by Landlord character, type or nature whatsoever. Should Tenant fail to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge remove any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty five (305) business days of notice of to do so from Landlord, and without waiving its rights based on such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofbreach, thenLandlord may, in addition to being an Event of Default and any other right or remedy of Landlordremedies, Landlord may record a bond or discharge the same by paying the amount claimed pursuant to be due, California Civil Code Section 3143 and the amount so paid by Landlord, including reasonable attorneys’ fees all amounts incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, so doing shall be become immediately due and payable by Tenant to Landlord as Additional Rent. Furthermore, without waiving any rights based on such breach, Landlord may pay and satisfy any such liens, without inspection, and in such an event, the sums so paid by Landlord shall be due and payable by Tenant immediately, with interest from the date paid by Landlord, through the date Tenant pays Landlord, at the maximum interest rate allowable by Applicable Law. All sums paid pursuant to the preceding sentence by Landlord shall be due and payable as Additional Rent. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises and the Building from such liens. And any and all reasonable attorneys’ fees incurred by Landlord in connection with any liens allowed to be taken against the Premises on the Building by Tenant, shall be recoverable by Landlord as Additional Rent. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any claims, demands, causes of action, damages, judgments or liabilities for mechanics’, materialman’s or other liens in connection with any Alterations, repairs or any work performed, materials furnished or obligations incurred by or for Tenant.

Appears in 4 contracts

Samples: Work Agreement (Callidus Software Inc), Work Agreement (Callidus Software Inc), Lease (Taleo Corp)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final unconditional lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten business days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (a) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (b) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienactual, together with interest thereon at the Default Rateout-of-pocket expenses and applicable interest, shall be due and payable paid by Tenant to Landlord within ten business days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships) and that Tenant is not authorized to act as Additional RentLandlord’s common law agent or construction agent in connection with any work performed in the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’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 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 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, except to the extent such claim, demand, cause of action, suit, judgment, damage or expense is solely attributable to Landlord’s failure to comply with the Lease (including the provisions of this Section 8). This indemnity provision shall survive termination or expiration of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Mechanic’s Liens. No Lessee will not permit any mechanic's lien or liens to be placed upon the Premises or improvements thereon or the Building during the term hereof caused by or resulting from any work performed performed, materials furnished, or obligation incurred by Tenant pursuant to or at the request of Lessee, and nothing in this Lease, whether in the nature of erection, construction, alteration or repair, Lease contained shall be deemed or construed in any way as constituting the consent or request of Lessor, express or implied, by inference or otherwise, to be any contractor, subcontractor, laborer, or materialman for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason performance of any consent given by Landlord labor or the furnishing of any materials for any specific improvement, alteration, or repair of or to Tenant to improve the Premises. , or any part thereof, nor as giving Lessee any right, power, or authority to contract for or permit the rendering of Tenant shall place such contractual provisions as Initials ___________ Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises Initials___________ 6any services or the property furnishing of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts any materials that would give rise to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result filing of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s 's or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord Lessor in the Premises. In the case of the filing of any lien on the interest of Lessor or TenantLessee in the Premises, Tenant Lessee shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty ten (3010) days after the filing of notice same either by paying the amount claimed to be due or by procuring the discharge of such lienlien by deposit in court or bonding. If Tenant Lessee shall fail to cause discharge such mechanic's lien to be so discharged or bonded after being notified of the filing thereofwithin such period, then, in addition to being an Event of Default and any other right or remedy of LandlordLessor, Landlord may bond or Lessor may, but shall not be obligated to, discharge the same same, either by paying the amount claimed to be due, and the amount so paid or by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien by deposit in court or bonding. Any amount paid by Lessor for any of the aforesaid purposes, or for the satisfaction of any other lien, together not caused or claimed to be caused by Lessor, with interest thereon at the Default Raterate of eighteen percent (18%) per annum or the highest lawful rate, whichever is the lesser, from the date of payment, shall be due and payable paid by Tenant Lessee to Landlord as Additional RentLessor on demand.

Appears in 3 contracts

Samples: Lease Agreement (IElement CORP), Lease Agreement (IElement CORP), Lease Agreement (IElement CORP)

Mechanic’s Liens. No work performed by Tenant pursuant shall pay, or cause to this Leasebe paid, whether all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the nature prosecution of erection, construction, alteration or repairthe Work. Said payment bond shall name Landlord as a primary obligee, shall be deemed given by a surety which is satisfactory to be for the immediate use Landlord, and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of in such form as Landlord by reason of any consent given by Landlord to Tenant to improve the Premisesshall approve in its sole discretion. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in have the Premises right to contest the correctness or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result validity of any such lien against if, immediately on demand by Landlord’s interest that may be filed or claimed , it procures and records a lien release bond issued by a responsible corporate surety in connection with or arising out an amount sufficient to satisfy statutory requirements therefor in the State of work undertaken by the ContractorsWashington. Tenant shall promptly pay promptly all persons furnishing labor or materials cause to be paid any sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any work performed judgment obtained by Tenant the claimant in its suit or its Contractors before such judgment becomes a lien on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien whichever is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienearlier. If Tenant shall fail be in default under this Section, by failing to cause such lien to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be so discharged or bonded after being notified of the filing thereof, thenobligated to), in addition to being an Event of Default and any other right rights or remedy of Landlordremedies it may have, Landlord may bond or discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the same by paying the amount claimed to be dueclaim, (ii) procuring and the amount so paid by recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorneys’ fees attorney's fees) incurred by Landlord either in defending against settling and discharging such lien or in procuring the bonding or discharge of such lien, together with interest thereon at in accordance with Section 39 captioned "Interest on Unpaid Rent" from the Default Rate, date of Landlords payment of said costs. Landlord's payment of such costs shall be due and payable by not waive any default of Tenant to Landlord as Additional Rentunder this Section.

Appears in 3 contracts

Samples: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)

Mechanic’s Liens. No Tenant shall payor cause to be paid all costs for work performed done by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed caused to be done by Tenant on the Development of a character which will or may result in liens on Landlord's interest therein, and Tenant will keep the Development free and clear of all mechanics' liens, and other liens on account of work done for the immediate use and benefit of Landlord so that no mechanic’s Tenant or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premisespersons claiming under it. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall providehereby agrees to indemnify, among other thingsdefend, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless of and from any and all costs and liability, loss, damage, costs, or expenses, . including reasonable attorney’s attorneys' fees, suffered on account of any claims of any nature whatsoever including claims or incurred liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Development or any action affecting the title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any such claim of lien, Tenant shall either (i) post a bond as required by applicable law, which causes the lien to be removed as a lien against Landlord’s all or part of the Development, or (ii) furnish to Landlord adequate security of at least one hundred fifty percent (150%) or the amount of the claim, plus estimated costs and interest that may be filed and. if a final judgment establishing the validity or claimed in connection with or arising out existence of work undertaken by the Contractorsany lien for any amount is entered. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause satisfy the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienat once. If Tenant shall fail be in default in paying any charge for which a mechanic's lien or suit to cause such foreclose the lien to be so discharged has been recorded or bonded after being notified of the filing thereof, then, in addition to being an Event of Default filed and any other right or remedy of Landlordshall not have given Landlord security as aforesaid, Landlord may bond (but without being required to do so) pay such lien or discharge the same by paying the amount claimed to be dueclaim and any costs, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienpaid, together with interest thereon at the Default RateRate and reasonable attorney's fees incurred in connection therewith, shall be immediately due and payable by from Tenant to Landlord as Additional RentLandlord.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC), Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether Party in the nature of erection, construction, alteration or repair, connection with any Alteration shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which any such Alteration, Tenant shall deliver to Landlord final, unconditional lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after Landlord has delivered notice of the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional RentRent 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, defend and hold harmless Landlord, its property manager, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, 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 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 survive termination or expiration of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s 's improvements assuring Landlord that no mechanic’s 's liens will be asserted against Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s 's contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as "Contractors") will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s 's interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s 's suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s attorneys' fees, suffered or incurred as a result of any such lien against Landlord’s 's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s 's or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys' fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentRental.

Appears in 2 contracts

Samples: Lease Agreement (Boston Restaurant Associates Inc), Lease Agreement (Ciao Cucina Corp)

Mechanic’s Liens. No work performed by Tenant pursuant You (the Tenant) shall have no authority, express or implied, to this Leasecreate or place any lien or encumbrance of any kind or nature whatsoever upon, whether or in any manner to bind the interests of Landlord in the nature Premises or to charge the rentals payable hereunder for any claim in favor of erectionany person dealing with you, construction, alteration including those who may furnish materials or repair, perform labor for any construction or repairs and nothing contained in this Lease shall be deemed construed as a consent on the part of the Landlord to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by reason you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any consent given by Landlord to Tenant to improve labor performed or materials furnished in connection with any work performed on the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts Premises on which any lien is or can be validly and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be legally asserted against Landlord’s its leasehold interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; improvements thereon and that the Contractors you will indemnify save and save hold Landlord harmless from any and all costs and expensesloss, including reasonable attorney’s fees, suffered cost or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with expense based on or arising out of work undertaken by asserted claims or liens against the Contractorsleasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant shall pay promptly all persons You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials with respect in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any work performed lien against the interest of Landlord in the Premises and such entities shall look solely to you and your leasehold interest under this Lease for the satisfaction of any such claims. You shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed by Tenant or its Contractors on or about you in the Premises. If any mechanicsuch taxes for which you are liable are levied or assessed against Landlord or Landlord’s property and if Landlord elects to pay the same or other liens shall at any time be filed against if the Premises assessed value of Landlord’s property is increased by inclusion of personal property, furniture or fixtures placed by you in the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under TenantPremises, and regardless of whether any Landlord elects to pay the taxes based on such lien is asserted against the interest of increase, you shall pay to Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice upon demand that part of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Renttaxes.

Appears in 2 contracts

Samples: Lease (MAKO Surgical Corp.), Multi Tenant Lease (MAKO Surgical Corp.)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, 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 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 survive termination or expiration of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Radiant Systems Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other 's liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or 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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseSeller shall keep the Purchaser Parcel at all times free of mechanics' liens and any other liens for labor, whether in the nature services, supplies, equipment or materials purchased or procured, directly or indirectly, by, through or under Seller (collectively, "Liens"). Seller agrees that it will promptly pay and satisfy all Liens of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliersmechanics, laborers, materialmen or subcontractors; and that others of like character, and shall indemnify Purchaser and its successors, assigns, owners, shareholders, partners, members, employees, officers, representatives and present and future mortgagees against all liabilities, expenses, costs and charges, including, without limitation, bond payments for release of Liens and reasonable attorneys' fees and costs incurred in and about the Contractors will indemnify and save Landlord harmless defense of any suit in discharging the Purchaser Parcel from any and all costs and expensesLiens, including reasonable attorney’s feesclaims, judgments or encumbrances, caused or suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workby, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether Seller. In the event any such lien is asserted Liens, claims, judgments or encumbrances shall be made or filed, Seller shall bond against the interest of Landlord or Tenant, Tenant shall cause discharge the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of after receiving written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, thenof the same. Failure of Seller to comply with its obligations under the preceding sentence shall be deemed a default by Seller hereunder (without the need for Purchaser to serve Seller notice as otherwise required under Paragraph 11 below). In addition, in addition to being an Event of Default the event any such Liens, claims, judgments or encumbrances shall be made or filed, Purchaser, at its sole election, may pay and any other right satisfy the same, or remedy of Landlord, Landlord may bond or discharge off the same by paying and, in any such event, the amount claimed to be due, and the amount sums so paid by LandlordPurchaser, and all actual and other expenses (including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienattorney’s fees), together with interest thereon on all of the foregoing at eighteen percent (18%) per annum, from the Default Ratedate of Purchaser's payment, shall be due and payable by Tenant from Seller to Landlord as Additional Rent.Purchaser within ten (10) days after Purchaser's delivery to Seller of written demand for payment of the same, with accompanying sufficient supporting documentation. SELLER SHALL NOT HAVE ANY AUTHORITY TO CREATE ANY LIENS FOR LABOR OR MATERIAL ON THE PURCHASER PARCEL AND ALL PERSONS CONTRACTING WITH SELLER FOR THE PERFORMANCE OF ANY SERVICES, SUPPLY OF ANY MATERIALS OR PROVISION OF ANY LABOR FOR ANY WORK DONE IN, ON OR AROUND THE PURCHASER PARCEL, AND ALL MATERIALMEN, CONTRACTORS, SUPPLIERS, MECHANICS AND LABORERS ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK SOLELY TO SELLER TO SECURE PAYMENT OF ANY XXXX FOR WORK DONE OR MATERIAL FURNISHED AT THE REQUEST OR INSTRUCTION OF SELLER. {O1117744;9}

Appears in 2 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement (Florida Public Utilities Co)

Mechanic’s Liens. No work performed Lessee shall make no alterations, installations, additions or improvements in or to the Leased Premises without Lessor’s prior written consent, which consent shall not be unreasonable withheld, conditioned or delayed. If under the terms of the Lease Lessee is permitted or required to make repairs, alterations, installations, additions or improvements to the Leased Premises, any such repairs, alterations, installations or improvements shall be made only by Tenant pursuant contractors or mechanics approved by Lessor, which approval shall not be unreasonable withheld, conditioned or delayed, and in accordance with plans and specifications approved by Lessor, which approval shall not be unreasonable withheld, conditioned or delayed, and shall be made at Lessee’s sole expense and in compliance with all applicable codes, ordinances, regulations and permits. Lessee shall furnish Lessor with a copy of the building permit, if applicable, as well as copies of the insurance certificates from its contractor(s) prior to commencing any work. All such repairs, alterations, installations, improvements and additions shall become the property of the Lessor, provided however, all articles of personal property, and all business machinery and equipment and furniture owned or placed by Lessee at its expense in the Leased Premises shall remain the property of the Lessee and may be removed by Lessee at any time, provided that Lessee, at its expense, shall repair to the reasonable satisfaction of Lessor any damage to the Building caused by such removal, reasonable wear and tear excepted. Lessor may elect to require Lessee to remove all or any part of the aforedescribed personal property at the expiration of this Lease, whether in the nature of erection, construction, alteration or repair, which event such removal shall be deemed done at Lessee’s expense. Notice is hereby given that Lessor shall not be liable for any labor or materials furnished or to be for the immediate use furnished to Lessee by any third party and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place for such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed shall attach to or claimed by affect the Contractors against Landlord’s reversion or other estate or interest of Lessor in and to the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Leased Premises. If Whenever and as often as any mechanic’s or other liens lien shall at any time be have been filed against the Leased Premises based upon any act or the property interest of which the Premises are a part by reason Lessee or of work, labor, services or materials performed of furnishedanyone claiming through Lessee, or alleged to if any conditional bill of sale, chattel mortgage, security agreement or financing statement with respect thereto shall have been performed filed for or furnishedaffecting any materials, machinery or fixtures used in the construction, renovations, repair or operation thereof or annexed thereto by Lessee or its successors in interest, Lessee shall forthwith use commercially reasonable efforts to Tenant take such action by bonding, deposit or to anyone holding payment as will remove or satisfy the Premises through lien, conditional bill of sale, chattel mortgage or under Tenantother security interest, and regardless in default thereof after the expiration of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days days’ notice to Lessee, Lessor may pay the amount secured by such mechanic’s lien, conditional bill of notice of such lien. If Tenant shall fail to cause such lien to be so discharged sale, chattel mortgage, security agreement or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond financing statement or discharge the same by paying the amount claimed to be due, deposit and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, deposited shall be due and payable by Tenant to Landlord collectable as Additional Rent.

Appears in 2 contracts

Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, Inc.

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (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 satisfaction of lien claim, and any amounts so paid, including expenses and interest at the Default Rate, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default 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 remedy interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, Landlord may bond its property manager, Onyx, any subsidiary or discharge affiliate of the same by paying the amount claimed to be dueforegoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the amount so paid by Landlord“Indemnitees”) from and against any and all claims, demands, causes of action, suits, judgments, damages and expenses (including reasonable attorneys’ fees and disbursements and court costs) 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Mechanic’s Liens. No Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may, at Tenant's instance, furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach, if at all, only to the leasehold interest granted to Tenant by this instrument. 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 or on behalf of Tenant pursuant to this Lease, whether in on the nature of erection, construction, alteration Premises on which any lien is or repair, shall can be deemed to be for the immediate use validly and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be legally asserted against Landlord’s its leasehold interest in the Premises or the property improvements thereon and that it will save and hold Landlord harmless form any and all loss, cost, or expense based on or arising out of which asserted claims or liens incurred by Tenant against the Premises are a part. Said contracts leasehold estate or against the rights, titles, and subcontracts shall provide, among other things, interest of the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest Landlord in the Premises or under the property terms of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premisesthis Lease. If any mechanic’s mechanics', materialmen's or other liens similar lien shall at any time be filed against any part of the Premises or the property on account of which the Premises are a part by reason of any work, labor, labor or services performed or materials performed of furnished, or alleged claimed to have been performed performed, or on account of any materials furnished or claimed to have been furnished, to Tenant for or to anyone holding at the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest direction of Landlord or by any of Landlord's contractors or subcontractors, Landlord shall, within twenty (20) days of receipt of written notice form Tenant and without cost or expense to Tenant, Tenant shall forthwith either cause the same to be (i) discharged of record by payment, bond, order of a court of competent jurisdiction, or bonded otherwise, or (ii) contested, in which event any judgment or other process issued in such contest shall be paid or discharged before execution thereof. If any mechanics', materialmen's or other similar lien shall at any time be filed against any part of the Premises on account of any work, labor or services performed or claimed to have been performed, or on account of any materials furnished or claimed to have been furnished, for or at the satisfaction direction of Landlord Tenant or by any of Tenants's contractors or subcontractors, Tenant shall, within thirty twenty (3020) days of receipt of written notice of such lien. If Tenant shall fail form Landlord and without cost or expense to Landlord, forthwith either cause such lien the same to be so (i) discharged of record by payment, bond, order of a court of competent jurisdiction, or bonded after being notified of the filing thereofotherwise, thenor (ii) contested, in addition to being an Event of Default and which event any judgment or other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either process issued in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, contest shall be due and payable by Tenant to Landlord as Additional Rentpaid or discharged before execution thereof.

Appears in 1 contract

Samples: Lease Agreement (Tyler Technologies Inc)

Mechanic’s Liens. No work performed by If Tenant pursuant to this Lease, whether makes any alterations or improvements in the nature Premises, Tenant must pay for same when made. Nothing in the Lease shall be construed to authorize Tenant or anyone dealing with or under Tenant, to charge the rents of erectionthe Premises, constructionor the property of which the Premises form a part, alteration or repairthe interest of Landlord in the estate of the Premises, or any person under and through whom Landlord has acquired its interest in 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 the making of any such alterations or improvements to the Premises. If a mechanic’s or materialmen’s lien is threatened by any contractor or supplier, or in the event of the filing of a notice of any such lien, Tenant will promptly pay same and take steps immediately to have same removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord’s option to cause the same to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, or to pay any portion thereof and of the amounts so paid, including attorneys’ fees and expenses connected therewith, together with interest on all of the foregoing at the per annum rate equal to the lesser of eighteen percent (18%) or the maximum rate permitted by law, shall be deemed Additional Rent due from Tenant to be for the immediate use Landlord and benefit of Landlord so that no mechanic’s or other lien shall be allowed paid to Landlord immediately upon rendition to Tenant of bxxx. Tenant will indemnify, defend and hold harmless Landlord from and against the estate of all loss, claims, damages, costs or expenses suffered by Landlord by reason of any consent given repairs, installations or improvements made by Tenant. Tenant will provide insurance certificates from all contractors performing Tenant’s work in form and substance as is required by Tenant under this Lease. No mechanics’ or materialmens’ liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Tenant shall in any way, or to any extent, affect the interest or rights of Landlord in any buildings or other improvements on the Premises, or attach to Tenant or affect Landlord’s title to improve or rights in the Premises including, but not limited to, Landlord’s reversionary interest or other estate or interest of Landlord in the Premises. Tenant shall place notify all contractors constructing such contractual provisions as Landlord may request in all contracts and subcontracts for improvements or supplying labor and/or materials that no mechanics’ lien filed by Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against contractors shall extend to Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, thenShopping Center, in addition to being an Event of Default and any other right or remedy of Landlordaccordance with Section 713.10, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentFlorida Statutes.

Appears in 1 contract

Samples: Center Lease Agreement (Pulse Evolution Corp)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration agrees that it will pay or repair, shall be deemed cause to be paid all costs for work done by it or caused to be done by it on the immediate use Premises of a character that may result in liens on Landlord’s or Tenant’s estate therein, and benefit Tenant will keep the Premises free and clear of Landlord so that no all mechanic’s liens or other lien liens on account of work done or alleged to have been done by or for Tenant or persons claiming under it, expressly excluding any such liens resulting from the construction of the Building, the Improvements or the Tenant Improvements or any other work done by Landlord. Landlord and its representatives shall be allowed against have the estate of Landlord by reason of any consent given by Landlord right to Tenant to improve post and keep posted on the Premises. Tenant shall place Premises such contractual provisions notices as Landlord may request in all contracts and subcontracts deem necessary for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s the protection of its interest in the Premises or during the property of which period that any work is being performed that might result in a lien being filed against the Premises are a partPremises. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts At least twenty (20) days prior to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required placing any materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in upon the Premises or causing any labor or work of construction of any Alterations, additions or improvements or repairs having a cost in excess of Twenty-Five Thousand Dollars ($25,000.00) to be performed, Tenant shall deliver to Landlord notification thereof specifying the property nature and location of which the intended work and the expected date of commencement thereof, and Landlord shall have the right to post Notices of Non-Responsibility on the Premises are a part; that relating to the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may intended work. All construction to be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on performed by or about under Tenant shall be performed without cost or expense to Landlord. Notwithstanding the Premises. If above, Tenant may contest the validity of any such mechanic’s or other liens shall at any time be lien claim filed against the Premises or the property of which the Premises are a part by reason of workLandlord’s estate therein, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any provided that in such lien is asserted against the interest of Landlord or Tenant, event Tenant shall cause the same to be discharged of record or bonded to the satisfaction of first notify Landlord and, if requested by Landlord, shall, within thirty ten (3010) days of notice of such lien. If Tenant shall fail to the Landlord’s request, cause such lien to be bonded in the manner authorized by law so discharged or bonded after being notified of the filing thereof, then, in addition as to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against release from such lien the real property or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Renttherein subject thereto.

Appears in 1 contract

Samples: Lease Agreement (Dj Orthopedics Inc)

Mechanic’s Liens. No work performed by 9.1 Prior to Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s performing any construction or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time Leased Premises for which a lien could be filed against the Leased Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or TenantBuilding, Tenant shall enter into a written “no-lien” agreement satisfactory to Landlord with the contractor who is to perform such work, and such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanics’ or lien shall be filed against the Leased Premises or the Building purporting to be for labor or material furnished or to be furnished at the request of Tenant, then Tenant shall at its expense cause the same such lien to be discharged of record by payment, bond or bonded to the satisfaction of Landlord otherwise within thirty (30) days after notice thereof. As an alternative to causing the lien to be discharged of notice 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 undertaking the Landlord’s title company to insure that, upon final determination of the validity of such lienlien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to take such action within such thirty (30)-day period, Landlord, after notice to Tenant, may cause such lien to be so discharged or bonded after being notified of the filing thereofby payment, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge otherwise, without investigation as to the same by paying the amount claimed validity thereof or as to be dueany offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and the amount so paid by Landlord, costs incurred including reasonable attorneys’ fees 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 attorneys’ fees) which may be brought or imposed against or incurred by Landlord either in defending against by reason of any such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentits discharge.

Appears in 1 contract

Samples: Agreement (Precision Therapeutics Inc)

Mechanic’s Liens. No 10.1 Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant or cause to be done by Tenant on the Premises, and the Tenant will keep the Premises free and clear of all mechanic's liens and other liens on account of work done for Tenant or persons claiming under Tenant. Tenant agrees to and shall indemnify, defend and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed by or materials or supplies furnished for Tenant pursuant or persons claiming under Tenant. If Tenant shall desire to this Leasecontest any claim of lien, whether Tenant shall furnish Landlord adequate security of the value or in the nature amount of erectionthe claim, constructionplus estimated costs and interest, alteration or repaira 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, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose the lien have been filed, and shall not have given Landlord security to protect the property and Landlord against such claim of lien, Landlord may (but shall not be so required to) pay the said claim and any costs, upon five (5) days' notice to Tenant, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be deemed to be for the immediate use immediately due and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to owing from Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts Landlord, and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials the same to Landlord with respect to interest at the maximum lawful rate from the dates of Landlord's payments. Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time claims of lien be filed against the Premises or any action affecting the title to such property of which be commenced, the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of party receiving notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring action shall forthwith give the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentother party written notice thereof.

Appears in 1 contract

Samples: Office Lease (Scripps Financial Corp)

Mechanic’s Liens. No Tenant will pay or cause to be paid all costs and charges for work performed (a) done by Tenant pursuant or caused to be done by Tenant, in or to the Premises unless provided otherwise within this Lease, whether in the nature of erection, construction, alteration or repair, Lease that Landlord shall be deemed to be responsible for the immediate use cost, and benefit of Landlord so that no mechanic’s (b) for all materials furnished for or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premisesin connection with such work. Tenant shall place such contractual provisions as will indemnify Landlord may request in against and hold Landlord, the Premises and the Project free, clear and harmless of and from all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises, or any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such ten (10) day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics’ lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, will be asserted against immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord subject Landlord’s interest in the Premises Project to liability under any mechanics’ or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premiseslaw. If any mechanic’s Tenant received notice that a lien has been or other liens shall at any time is about to be filed against the Premises or the property Project or any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it will immediately give Landlord written notice of furnishedsuch notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to, any material maintenance, repairs, alterations, additions, improvements or alleged to have been performed or furnished, to Tenant installations) in or to anyone holding the Premises through premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of will give Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereof, then, persons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in addition order to being an Event of Default and protect the Premises against any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.

Appears in 1 contract

Samples: Office Lease (Go Daddy Group, Inc.)

Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseLessee shall not permit any mechanic’s, whether in the nature of erectionmaterialman’s, constructioncontractor’s, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanicsubcontractor’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless arising from any and all costs and expenseswork or improvement, including reasonable attorney’s feesfor any labor done, suffered services performed, or incurred as a result of any such lien against Landlord’s interest that materials, appliances, transportation, or power used or furnished, however it may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect arise, to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed stand against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any improvement thereon. If any such lien is asserted shall be filed or arise against the interest of Landlord Premises or Tenantimprovements, Tenant Lessee shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty forty-five (3045) days of notice after such filing, by payment, deposit, or bond and shall save and hold Lessor and the Premises free and harmless from any and all such claims, liens, or suits. If an action to foreclose such lien has been filed before Lessee discharges in full such lien, and a lis pendens or, similar encumbrance on the Premises has been recorded in connection with such action, Lessee shall, at the time it discharges such lien, take all measures necessary to procure the removal of such lienencumbrance from the record title of the Premises. If Tenant Lessee shall fail to cause discharge any such lien to lien, Lessor may, but shall not be so discharged or bonded after being notified of the filing thereofobligated to, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the any amount so paid or deposited by LandlordLessor and any expenses so incurred by Lessor, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Ratefees, shall be become immediately due and payable by Tenant the Lessee to Landlord Lessor together with interest as Additional Rentprovided hereunder. No mechanic’s or materialman’s liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Lessee shall in any way or to any extent affect the interests or rights of Lessor in the improvements on the Premises or attach to or affect Lessor’s title to or rights in the Premises.

Appears in 1 contract

Samples: Agreement for Purchase and Sale

Mechanic’s Liens. No Tenant shall pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) 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 Tenant Landlord pursuant to this Lease. If any such lien, whether 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, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in the nature of erection, construction, alteration or repairconnection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed to be for the immediate use and benefit consent or agreement of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against subject Landlord’s interest in the Premises Project to liability under any mechanics’ or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premiseslaw. If any mechanic’s Tenant receives written notice that a lien has been or other liens shall at any time is about to be filed against the Premises or the property Project, or that any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it shall immediately give Landlord written notice of furnishedsuch notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or alleged to have been performed or furnished, to Tenant installations) in or to anyone holding the Premises through Premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of give Landlord within thirty (30I) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereof, then, persons supplying labor and materials for the proposed work and (ii) two (2) copies of Tenant’s plans and specifications for such work. Landlord will have the right to post notices of nonresponsibility or similar written notices on the Premises in addition order to being an Event of Default and protect the Premises against any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.

Appears in 1 contract

Samples: Office Lease (Acucela Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlordamounts so paid, Landlord may bond or discharge *** Information has been omitted and filed separately with the same Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by paying the amount claimed to be due, Markit Ltd. including expenses and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateinterest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, 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 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 survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Markit Ltd.)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, members, managers, lenders, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the 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 survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Industrial Lease Agreement (Solid Power, Inc.)

Mechanic’s Liens. No The Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises, and Tenant will keep the Premises free and clear of all mechanics’ liens and other liens on account of work done for the Tenant or persons claiming under it. The Tenant agrees to and shall indemnify, defend, and save the Landlord free and harmless against liability, loss, damage, costs, attorneys fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed by or materials or supplies or equipment furnished for the Tenant pursuant or persons claiming under it. If the Tenant shall desire to this Lease, whether contest any claim of liens it shall furnish the Landlord adequate security of the value or in the nature amount of erectionthe claims plus estimated costs and interest, constructionor a bond of 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, alteration or repairthe Tenant shall pay and satisfy the same at once. If the Tenant shall be in default in paying any charge for which a mechanics’ lien claim and suit to foreclose the lien have been filed, and shall not have given the Landlord security to protect the Premises and the Landlord against such claim of liens, the Landlord may (but shall not be so required to) pay the claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such matter, shall be deemed to be for immediately due and owing from the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts Landlord, and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials it to Landlord with respect to interest at the rate set forth in the Summary from the dates of the Landlord’s payments. Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time claims of lien be filed against the Premises or any action affecting the property of which title to the Premises are a part by reason of workbe commenced, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of party receiving notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring action shall forthwith give the bonding or discharge other party written notice of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentit.

Appears in 1 contract

Samples: Ground Lease Agreement

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project or any portion thereof in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final unconditional lien waivers from all contractors, services subcontractors and materialmen who performed such work in a form approved by Landlord. If such a lien is filed, then Tenant shall, within ten (10) business days after notice of the filing thereof (or materials performed such earlier time period as may be necessary to prevent the forfeiture of furnishedthe Premises, the Project, any portion thereof, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (a) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (b) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Xxxxxxxx and Xxxxxx acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships) and that Tenant is not authorized to act as Additional RentLandlord’s common law agent or construction agent in connection with any work performed in the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project, any portion thereof, or Xxxxxxxx’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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Deed of Lease Agreement (Evolent Health, Inc.)

Mechanic’s Liens. No The Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises, and Tenant will keep the Premises free and clear of all mechanics’ liens and other liens on account of work done (including preconstruction planning), materials supplied, equipment use supplied, or other items which may give rise to similar liens, for the Tenant or persons claiming under it. The Tenant agrees to and shall indemnify, defend and save the Landlord free and harmless against liability, loss, damage, costs, attorneys fees, and all other expenses on account of claims of lien of contractors, service providers, laborers, or materialmen or equipment suppliers, or others for work performed by or materials or supplies or equipment furnished for the Tenant pursuant or persons claiming under it. If the Tenant shall desire to this Leasecontest any claim of liens it shall furnish the Landlord adequate security of one and one-half times the amount of the claims plus estimated costs and interest, whether or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment arbitration award or other determination establishing the validity or existence of a lien for any amount is entered, the Tenant shall pay and satisfy the same at once. If the Tenant shall be in default or subject to a claim of default in paying any charge for which such a lien claim and suit or other proceeding 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 liens, the Landlord may (but shall not be required to) pay the claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with it shall be immediately due and owing from the Tenant to the Landlord, and the Tenant shall pay the same to Landlord on demand with interest at the rate set forth in the nature Summary from the dates of erectionthe Landlord’s payments. Should any claims of lien be filed against the Premises or Property or any action or proceeding affecting the title to such property be commenced, constructionthe party receiving notice of such lien or action shall forthwith give the other party written notice of it. The Landlord or its representatives shall have the right to go upon and inspect the Premises or Property at all reasonable times and shall have the right to post and keep posted at the Premises or Property, alteration and to provide any person with, a notice of nonresponsibility or repair, shall be deemed such other notices which the Landlord may deem to be proper for the immediate use and benefit protection of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or Property. The Tenant shall, before the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result commencement of any such lien against Landlord’s interest that may be filed or claimed work which might result in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at give to the Default RateLandlord written notice of its intention to do so in sufficient time to enable the posting of such notices, shall be due and payable by Tenant to Landlord as Additional Rentbut not fewer than five days before such commencement.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseContract, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's or other lien shall be allowed against the Landlord or the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s 's improvements assuring Landlord that no mechanic’s 's liens will be asserted against Landlord or Landlord’s 's interest in the Premises or the property Property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly on time all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors contractors on or about the PremisesPremise. If any mechanic’s 's or other liens shall at any time be filed against the Landlord or Premises or the property Property of which the Premises are a part by reason of work, labor, services services, or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. If Tenant shall fail to cause such lien to be so discharged or bonded within thirty (30) days after being notified of the filing thereofof such lien, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or (but shall not be obligated to) discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys' fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentLandlord.

Appears in 1 contract

Samples: Concession Agreement

Mechanic’s Liens. No work performed Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance (on behalf of or for the benefit of Landlord) by Tenant pursuant any contractor, laborer, materialman or vendor, of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to this Leasethe Leased Premises or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, whether services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the nature of erectionLeased Premises or any part thereof through or under the Tenant, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts liens for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, shall attach to or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against affect the interest of Landlord in and to the Leased Premises. Tenant will not file, nor will it permit or Tenantsuffer any contractor or subcontractor, materialman or mechanic or other person under it to file, nor shall any contractor, subcontractor, materialman or mechanic file any mechanics’ lien or other liens or claims for work done or materials furnished in or about the Leased Premises against the Leased Premises, the Building or the Leased Premises. Unless Landlord otherwise agrees, in writing, prior to the commencement of any work on the Leased Premises, Tenant shall file in the office of the Prothonotary of the county where the Leased Premises is located a waiver of the right to file liens which shall be in the usual form for such waivers, such form to be approved by the Landlord. Landlord’s consent to any such work shall not be deemed to mean that the work is for the benefit of Landlord. Notwithstanding the foregoing, if any mechanics’ or other lien shall be filed against the Leased Premises purporting to be for labor or material furnished or to be furnished at the request of Tenant, then Tenant shall, at its expense, cause the same such lien to be discharged of record by payment, bonded over or bonded to the satisfaction of Landlord other adequate security provided, within thirty (30) days of notice of such lienafter the filing thereof. If Tenant shall fail to cause such lien to be so discharged of record within such thirty-day period, or, if such lien is contested by Tenant and Tenant fails to provide adequate security for Landlord’s protection; then Landlord may cause such lien to be discharged by payment, bond or bonded after being notified of otherwise, without investigation as to the filing thereofvalidity thereof or as to any offsets or defenses thereto, thenand Tenant shall, upon demand, reimburse Landlord for all reasonable amounts paid and costs incurred including attorneys’ fees, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against having such lien or in procuring the bonding or discharge discharged of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentrecord.

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

Mechanic’s Liens. No work performed by Tenant pursuant shall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, whether and in the nature event of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason filing of any consent given by Landlord to Tenant to improve the Premises. such lien, encumbrance, claim or charge, Tenant shall place such contractual provisions as Landlord promptly have same removed or Tenant may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in contest the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against Landlord’s such lien or provides other assurances 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 those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that may it will pay or cause to be filed paid all sums legally due and payable by it on account of labor performed or claimed materials furnished in connection with any work performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any and all loss, cost or expense based on or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor asserted claims, liens, encumbrances or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed charges against the Premises leasehold estate or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord in the Leased Premises or Tenantunder 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 cause the same not be required to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and discharge any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at encumbrance, claim or charge as may be placed upon the Default Rate, shall be due and payable Leased Premises by Tenant to Landlord as Additional Rent.the act of Landlord. Lease Agreement

Appears in 1 contract

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

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in In the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so event that no any mechanic’s lien is filed against any Unit or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any portion of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred Property as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor services provided or materials furnished to, or Alterations or Repairs or other work performed for a Unit Owner (or such Unit Owner’s Permitted Users) with respect to all or any work performed by Tenant portion of its Unit or Sub-Board with respect to its Contractors on Section (each such Unit Owner, or about Sub-Board, as applicable, for purposes of this Section 10.1, being referred to as the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished“Lien-Causing Unit Owner”), or alleged to have been provided or furnished to, or performed or furnishedfor, to Tenant or to anyone holding any such Lien-Causing Unit Owner, then such Lien-Causing Unit Owner shall promptly notify the Premises through or under TenantBoard of Managers and the Managing Agent of same, and regardless of whether any shall cause such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be released and discharged of record record, either by paying the indebtedness which gave rise to such lien or bonded by posting a bond or other security as shall be required by Law to the satisfaction of Landlord obtain such release and discharge, in each case within thirty (30) days after receiving from a Unit Owner whose Unit has been adversely affected by such mechanic’s lien, or from the Board of Managers if any Common Elements have been adversely affected by such mechanic’s lien, a notice (a “Lien Notice”) identifying the lien and requesting that the same be released or discharged, failing which the Board of Managers shall have the rights set forth in Article 13 hereof. For purposes of this Section 10.1, a Unit Owner shall be deemed to be “adversely affected” by a mechanic’s lien (which is the responsibility of a Lien-Causing Unit Owner to remove, as aforesaid) if such Unit Owner’s Unit is reasonably purportedly (whether or not actually) encumbered by or subjected to the mechanic’s lien. If Tenant In all events, the Lien-Causing Unit Owner shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofdefend, thenprotect, in addition to being an Event of Default indemnify and hold harmless all other Unit Owners, any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be dueSub-Board, and the amount so paid Board of Managers from and against any and all Costs arising out of or resulting from the applicable mechanic’s lien. Copies of all Lien Notices sent by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, a Unit Owner shall be due and payable by Tenant simultaneously sent to Landlord as Additional Rentthe Board of Managers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Coach Inc)

Mechanic’s Liens. No work performed by If Tenant pursuant to this Lease, whether makes any alterations or improvements in the nature of erectionPremises, construction, alteration or repair, Tenant must pay for same when made. Nothing in the Lease shall be deemed construed to be for authorize Tenant or anyone dealing with or under Tenant, to charge the immediate use and benefit rents of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises , or the property of which the Premises are form a part. Said contracts , or the interest of Landlord in the estate of the Premises, or any person under and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s through whom Landlord has acquired its interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any estate of the ContractorPremises, with a mechanic’s supplierslien or encumbrance of any kind, laborersand under no circumstances shall Tenant be construed to be the agent, materialmen employee or subcontractors; and that representative of Landlord in the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result making of any such lien against Landlord’s interest that may be filed alterations or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect improvements to any work performed by Tenant or its Contractors on or about the Premises. If any a mechanic’s or other liens shall at materialmen’s lien is threatened by any time be filed against the Premises contractor or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedsupplier, or alleged in the event of the filing of a notice of any such lien, Tenant will promptly pay same and take steps immediately to have been performed or furnished, to Tenant or to anyone holding same removed. If the Premises through or under Tenant, and regardless of whether any such lien is asserted against not removed within ten (10) days from the interest date of written notice from Landlord, Landlord or Tenant, Tenant shall have the right at Landlord’s option to cause the same to be discharged by record of record payment, deposit, bond or bonded order of a court of competent jurisdiction or otherwise, or to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified pay any portion thereof and of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienand expenses connected therewith, together with interest thereon on all of the foregoing at the Default Rateper annum rate equal to the lesser of eighteen percent (18%) or the maximum rate permitted by law, shall be due and payable by from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of xxxx. Tenant will indemnify, defend and hold harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvements made by Tenant. Tenant will provide insurance certificates from all contractors performing Tenant’s work in form and substance as Additional Rentis required by Tenant under this Lease. No mechanics’ or materialmens’ liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Tenant shall in any way, or to any extent, affect the interest or rights of Landlord in any buildings or other improvements on the Premises, or attach to or affect Landlord’s title to or rights in the Premises including, but not limited to, Landlord’s reversionary interest or other estate or interest of Landlord in the Premises.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed authorized and ordered by Tenant only, and Tenant agrees to be for the immediate use and benefit promptly pay all sums of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason money in respect of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services services, materials, supplies or materials performed of furnished, equipment furnished or alleged to have been performed or furnished, furnished to Tenant or to anyone holding the Premises through or any part thereof, through, or under Tenant in, at or about the Premises, or furnished to Tenant's agents, and regardless employees, contractors or subcontractors, which may be secured by any mechanic's, material supplier's or other type of whether lien against any such lien is asserted against part of the Project or Landlord's interest of Landlord or Tenant, therein (a "Lien"). Tenant shall cause notify Landlord of the same to be discharged filing of record or bonded to the satisfaction of Landlord any Lien within thirty (30) three days of after receiving notice of such lienfiling. If Tenant shall fail to cause such lien to be so discharged or bonded fails, within 20 days after being notified the date of the filing thereofof the Lien, thento discharge such Lien or pursuant to Minn. Stat. § 514.10 deposit into court a sum determined by the court, Landlord may, but shall not be required or expected to, remove such Lien in such manner as Landlord may, in addition to being an Event of Default and any other right or remedy of Landlordits sole discretion, Landlord may bond or discharge the same by paying the amount claimed to be duedetermine, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienfull cost thereof, together with interest thereon at the Default Rateall Landlord's fees and costs, including attorney fees, shall be due and payable by Tenant to Landlord as Additional Rentimmediately upon Tenant's receipt of Landlord's notice therefor. Tenant acknowledges that Landlord may post notice on the Premises of non-responsibility for such Liens and, in such event, Tenant shall so advise all contractors, materialmen, suppliers and other persons performing work or providing services and/or supplies to the Premises on behalf of Tenant. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord'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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall not be deemed to be for the immediate use agent or representative of, or the contractor for, Landlord in making any alterations, additions or improvements to the Leased Premises, and benefit of Landlord so that shall have no mechanic’s power or other lien shall be allowed against authority to encumber any interest in the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Leased Premises, except as expressly permitted herein. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit or suffer any laborer's, materialman's, mechanic’s 's or other similar liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed otherwise imposed on any part of the Leased Premises. If any laborer's, materialman's, mechanic's or other similar lien or claim thereof is filed and if Tenant does not cause such lien to be released and discharged forthwith, or file a bond approved by the Contractors against Landlord’s Landlord in lieu thereof, on demand by Landlord (but in all events prior to foreclosure thereof, or any interest in the Premises of Landlord therein, or the property imposition of which a civil or criminal fine with respect thereto), same shall constitute an Event of Default, and Landlord shall have the Premises are a part; that the Contractors will immediately discharge any such lien filed by any right, at its option, in addition to and cumulative of the Contractor’s suppliersrights and remedies provided in this Lease, laborerswithout the necessity of any notice or demand, materialmen vacate or subcontractors; and that release the Contractors will indemnify and save Landlord harmless from any and all costs and expensessame, including reasonable attorneyto pay all sums to obtain such release and discharge and Tenant shall reimburse Landlord for the same upon demand together with interest thereon at rate set forth in Section 4.4 from the date such costs are incurred until paid by Tenant. Tenant hereby agrees to indemnify, defend the Landlord, at Tenant’s feessole cost and expense, suffered against any actions, lawsuits or incurred proceedings brought against the Landlord as a result of liens filed against the Leased Premises due to the actions of Tenant and its employees and contractors, and the Tenant hereby agrees to indemnify, defend, and hold harmless the Landlord against any such liens or claims of liens, and agrees to pay any judgment or lien against the Landlord or the Landlord’s property resulting from any such actions, suits, or proceedings brought to enforce any such lien against or claim. Nothing contained herein, however, shall imply any consent or agreement on the part of Landlord or anyone holding under Landlord to subject Landlord’s 's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If liability under any mechanic’s 's or other liens shall at any time be filed against lien law, regardless of whether the Premises performance or the property furnishing of which the Premises are a part by reason of such work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same have been consented to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Ground Lease Agreement

Mechanic’s Liens. No work performed Tenant shall not create or cause to be imposed, claimed or filed upon the Premises, or any portion thereof, or upon the interest of Landlord therein, any lien, charge or encumbrance whatsoever. If, because of any act or omission of Tenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) and Tenant pursuant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys' fees, at both trial and all appellate levels, resulting or on account thereof and therefrom. In the event that Tenant shall fail to comply with the provisions of this LeaseSection 18, whether Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant agrees to reimburse Landlord, upon demand and as additional rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon, until paid. Landlord's interest in the Premises shall not be subjected to liens of any nature by reason of erection, Tenant's construction, alteration or alteration, renovation, repair, shall be deemed to be for restoration, replacement or reconstruction of any improvements on or in the immediate use and benefit of Landlord so that no mechanic’s Premises, or other lien shall be allowed against the estate of Landlord by reason of any consent given by other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, mechanics' and materialmen's liens. All persons dealing with Tenant are hereby placed on notice that such persons shall not look to Landlord or to Tenant to improve Landlord's credit or assets (including Landlord's interest in the Premises) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, renovation, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that has no mechanic’s liens will be asserted against power, right or authority to subject Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant mechanic's or its Contractors on materialmen's lien or about the Premisesclaim of lien. If any mechanic’s a lien, a claim of lien or other liens an order for the payment of money shall at any time be filed imposed against the Premises or the property on account of which the Premises are a part by reason of work, labor, services or materials performed of furnishedwork performed, or alleged to have been performed performed, for or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless on behalf of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord shall, within thirty (30) days of after written notice of the imposition of such lien, claim or order, cause the Premises to be released therefrom by the payment of the obligation secured thereby or by furnishing a bond or by any other method prescribed or permitted by law. If a lien is released, Tenant shall thereupon furnish Landlord with a written instrument of release in form for recording or filing in the appropriate office of land records of Orange County, Florida, and otherwise sufficient to establish the release as a matter of record. Tenant may, at its option, contest the validity of any lien or claim of lien if Tenant shall have first posted an appropriate and sufficient bond in favor of the claimant or paid the appropriate sum into court, if permitted by law, and thereby obtained the release of the Premises from such lien. If judgment is obtained by the claimant under any lien, Tenant shall fail to cause pay the same immediately after such lien to be so discharged or bonded after being notified judgment shall have become final and the time for appeal therefrom has expired without appeal having been taken. Tenant shall, at its own expense, defend the interests of the filing thereofTenant and Landlord in any and all such suits; provided, thenhowever, that Landlord may, at its election, engage in its own counsel and assert its own defenses, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.which event Tenant

Appears in 1 contract

Samples: Office Lease Agreement (Triton Network Systems Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, 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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final unconditional lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (a) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (b) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships) and that Tenant is not authorized to act as Additional RentLandlord’s common law agent or construction agent in connection with any work performed in the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall not be deemed to be for the immediate use agent or representative of, or the contractor for, Landlord in making any alterations, additions or improvements to the Leased Premises, and benefit of Landlord so that shall have no mechanic’s power or other lien shall be allowed against authority to encumber any interest in the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Leased Premises, except as expressly permitted herein. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit or suffer any laborer's, materialman's, mechanic’s 's or other similar liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed otherwise imposed on any part of the Leased Premises. If any laborer's, materialman's, mechanic's or other similar lien or claim thereof is filed and if Tenant does not cause such lien to be released and discharged forthwith, or file a bond approved by the Contractors against Landlord’s Landlord in lieu thereof, on demand by Landlord (but in all events prior to foreclosure thereof, or any interest in the Premises of Landlord therein, or the property imposition of which a civil or criminal fine with respect thereto), same shall constitute an Event of Default, and Landlord shall have the Premises are a part; that the Contractors will immediately discharge any such lien filed by any right, at its option, in addition to and cumulative of the Contractor’s suppliersrights and remedies provided in this Lease, laborerswithout the necessity of any notice or demand, materialmen vacate or subcontractors; and that release the Contractors will indemnify and save Landlord harmless from any and all costs and expensessame, including reasonable attorneyto pay all sums to obtain such release and discharge and Tenant shall reimburse Landlord for the same upon demand together with interest thereon at rate set forth in Section 4.4 from the date such costs are incurred until paid by Tenant. Tenant hereby agrees to indemnify, defend the Landlord, at Xxxxxx’s feessole cost and expense, suffered against any actions, lawsuits or incurred proceedings brought against the Landlord as a result of liens filed against the Leased Premises due to the actions of Tenant and its employees and contractors, and the Tenant hereby agrees to indemnify, defend, and hold harmless the Landlord against any such liens or claims of liens, and agrees to pay any judgment or lien against the Landlord or the Landlord’s property resulting from any such actions, suits, or proceedings brought to enforce any such lien against or claim. Nothing contained herein, however, shall imply any consent or agreement on the part of Landlord or anyone holding under Landlord to subject Landlord’s 's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If liability under any mechanic’s 's or other liens shall at any time be filed against lien law, regardless of whether the Premises performance or the property furnishing of which the Premises are a part by reason of such work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same have been consented to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Ground Lease Agreement

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other 's liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such work. If a lien is asserted against filed, then Tenant shall, within seven (7) business days after Tenant's receipt of notice thereof (or earlier, as necessary to prevent the forfeiture of the Premises, the Project or any interest of Landlord therein or Tenantthe imposition of a fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises during the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord'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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Aeglea BioTherapeutics, Inc.)

Mechanic’s Liens. No alterations, improvements, installations, additions or other work performed by Tenant pursuant to this LeaseTenant, whether in the nature of erection, construction, alteration or repairunder Tenant’s direction or control, shall be deemed to be for the immediate use and benefit of Landlord Landlord, so that no mechanic’s mechanics or other lien shall be allowed against the estate of the Landlord by reason of any consent given by Landlord to Tenant to improve alter, improve, install, add to, or otherwise perform work to or at the Demised Premises. The Tenant shall place such contractual provisions as the Landlord may request in all contracts and subcontracts for contracted by the Tenant’s improvements , assuring Landlord that no mechanic’s liens will mechanics lien shall be asserted against the Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the ContractorsDemised Premises. Tenant shall promptly pay promptly all persons furnishing labor or and/or materials with respect to any work performed by Tenant or its Contractors by Tenant’s contractors on or about in the Demised Premises. If any mechanic’s mechanics or other liens shall at any time be filed against the Demised Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnishedfurnished to the Tenant, to Tenant or to anyone holding the Demised Premises through or under the Tenant, and regardless of whether any such lien claim is asserted against the interest of Landlord or Tenant, Tenant shall within ten (10) days cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. If Tenant shall fail fails to cause such lien forthwith to be so discharged or bonded after being notified of the a filing thereof, then, then in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees attorneys fees, incurred by the Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, lien shall be due and payable by Tenant to Landlord as Additional Rentadditional rent.

Appears in 1 contract

Samples: Agreement of Lease (Unilife Corp)

Mechanic’s Liens. No The Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises, and Tenant will keep the Premises and the leasehold free and clear of all mechanics= liens and other liens or bond or similar claims on account of work done for the Tenant or persons claiming under it. The Tenant agrees to and shall indemnify, defend and save the Landlord free and harmless against liability, loss, damage, costs, attorneys fees, and all other expenses on account of claims of lien of laborers or materialmen or equipment suppliers, or others for work performed by or materials or supplies or equipment furnished for the Tenant pursuant or persons claiming under it. If the Tenant shall desire to this Lease, whether contest any claim or lien it shall furnish the Landlord adequate security of the value or in the nature amount of erectionthe claims plus estimated costs and interest, constructionor a bond of responsible corporate surety in such amount conditioned on the discharge of the lien or claim. If a final judgment establishing the validity or existence of a lien or claim for any amount is entered, alteration or repair, the Tenant shall pay and satisfy the same at once. If the Tenant shall be deemed in default or subject to be a claim of default in paying any charge for which a bond claim is asserted or for which a mechanics= lien claim and suit to foreclose the immediate use lien have been filed, and benefit of shall not have given the Landlord so that no mechanic’s security to protect the property and the Landlord against such claim or other lien shall be allowed against liens, the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts (but shall not be required to) pay the claim and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in any costs, and the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provideamount so paid, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including together with reasonable attorney’s fees, suffered or attorneys= fees incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by it shall be immediately due and owing from the Contractors. Tenant to the Landlord, and the Tenant shall pay promptly all persons furnishing labor or materials the same to Landlord with respect to interest at the rate set forth in the Summary from the dates of the Landlord=s payments. Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time claims of lien be filed against the Premises or leasehold or any action relating to a bond claim 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 of it. The Landlord or its representatives shall have the right to go upon and inspect the Premises at all reasonable times and shall have the right to post and keep posted at the Premises a notice of nonresponsibility or such other notices which the Premises are a part by reason Landlord may deem to be proper for the protection of workthe Landlord=s interest in the Premises. The Tenant shall, labor, services or materials performed before the commencement of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any work which might result in any such lien is asserted against the interest of Landlord or Tenantbond claim, Tenant shall cause the same to be discharged of record or bonded give to the satisfaction of Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail its intention to cause such lien do so in sufficient time to be so discharged or bonded after being notified of enable the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge posting of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.notices. . TENANT IMPROVEMENTS; ALTERATIONS; TENANT=S FIXTURES

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. No The Contractor agrees that it will pay or cause to be paid, all costs for work done by it or caused to be done by it on the premises; and the Contractor shall keep the premises free and clear of all mechanic's liens or other liens. The Contractor agrees to and shall indemnify, protect, defend, and save the University to be free and harmless against any and all liability, loss, damage, costs, attorney's fees, and all other expenses, on account of claim(s) of lien of laborers or material persons, or others for work performed by Tenant pursuant and/or material or supplies furnished to the Contractor or persons claiming under it. If the Contractor shall desire to contest any claim of lien, it shall furnish the University adequate security of equal value or an amount equal to the claim plus estimated costs and interest. In place of this Leaseamount, whether the Contractor may supply a bond from a responsible surety, in such amount conditioned on the nature discharge of erectionthe lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, constructionthe Contractor shall pay and satisfy the same at once. If the Contractor is in default in paying any charge for which a mechanic's lien claim and suit to foreclosure of the lien has been filed, alteration or repairand has not given the University security to protect the property and the University against such claim of lien, the University may, but shall not be required to, pay the said claim and any cost. The amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be deemed to be for immediately due and owing from the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts Contractor to the contraryUniversity, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant Contractor shall pay promptly all persons furnishing labor or materials the same to the University, with respect to interest, at the maximum lawful rate from the date the University incurs the debt. Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time claims of lien be filed against the Premises premises or any action affecting the title to such property of which be commenced, the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of party receiving notice of such lienlien or action shall forthwith give the other party written notice thereof. If Tenant The University and its representative shall fail have the right to cause go upon and inspect the premises at all reasonable times, and shall have the right to post, and keep posted thereon, notices of non­responsibility, or such lien other notices which the University may deem to be so discharged or bonded after being notified proper for the protection of the filing thereofUniversity's interest in the premises. The Contractor shall, thenbefore the commencement of any work, which might result in addition any lien, give the University written notice of its intention to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge do so in sufficient time to enable the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge posting of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentnotice(s).

Appears in 1 contract

Samples: ucirealfoodchallenge.weebly.com

Mechanic’s Liens. No All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party (not including the work to be performed by Tenant Landlord pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Exhibit D hereto) shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, the Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor”, “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or 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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Mechanic’s Liens. No 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 (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanics, liens, and other liens on account of work done for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the PremisesWork Letter. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall providehereby agrees to indemnify, among other thingsdefend, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless of and from any and all costs and liability, loss, damage, costs, or expenses, including reasonable attorney’s attorneys' fees, suffered on account of any claims of any nature whatsoever including claims or incurred liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out work (which term includes the supplying of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantmaterials), Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to 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 or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienat once. If Tenant shall fail be in default in paying any charge for which a mechanic's lien or suit to cause such foreclose the lien to be so discharged has been recorded or bonded after being notified of the filing thereof, then, in addition to being an Event of Default filed and any other right or remedy of Landlordshall not have given Landlord security as aforesaid, Landlord may bond (but without being required to do so) pay such lien or discharge the same by paying the amount claimed to be dueclaim and any costs, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienpaid, together with interest thereon at the Default Ratereasonable attorney's fees incurred in connection therewith, shall be immediately due and payable by from Tenant to Landlord as Additional RentLandlord.

Appears in 1 contract

Samples: Lease (Daily Journal Corp)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen material men (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (3020) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Holdings, Inc.)

Mechanic’s Liens. No work performed by If Tenant pursuant to this Lease, whether makes any alterations or improvements in the nature of erectionPremises, construction, alteration or repair, Tenant must pay for same when made. Nothing in the Lease shall be deemed construed to be for authorize Tenant or any person dealing with or under Tenant, to charge the immediate use and benefit rents of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises , or the property of which the Premises are forma part, or the interest of Landlord in the estate of the Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Premises, with a part. Said contracts mechanic's lien or encumbrance of any kind, and subcontracts under no circumstances shall provideTenant be construed to be the agent, among other thingsemployee or representative of Landlord in the making of any such alterations or improvements to the Premises, the following: That notwithstanding anything in said contracts or subcontracts to but, on the contrary, Tenant’s contractorsthe right or power to charge any lien, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit claim or encumbrance of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors any kind against Landlord’s interest in 's rents or the Premises or the property of land on which the Premises are Complex has been erected is denied. If a part; that mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the Contractors will immediately discharge event of the filing of a notice of any such lien, Tenant will promptly pay same or take steps to have the lien filed discharged of record, by bond or otherwise. 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 paying the same, or any portion thereof and the amounts so paid, including permitted by law on any sums paid or advanced shall be deemed to be additional rent due from Tenant to Landlord immediately upon delivery to Tenant of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will a statement therefor. Tenant shall indemnify and save harmless Landlord harmless from and against all loss, claims, damages, costs or expenses suffered by landlord by reason of any and all costs and expensesrepairs, installations or improvements, made by Tenant, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified 's fees of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Celerity Systems Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with expenses and interest thereon at the Default Rate, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against any and all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees and disbursements and court costs) 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 survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Cancer Genetics, Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, remodeling, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's lien or other lien shall be allowed against the property or estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant Premises nor shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s 's interest in the Premises be subject to any liens for improvements of any kind made by or at the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any direction of the Contractor’s suppliers, laborers, materialmen or subcontractors; Tenant and that the Contractors will indemnify and save Landlord harmless from any and Tenant agrees to so notify all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractorsits contractors. Tenant shall pay promptly all persons furnishing labor labor, materials or materials equipment with respect to any work performed by Tenant or its Contractors contractor on or about the Premises. If In the event any mechanic’s 's lien or other liens lien shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services services, equipment or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded within ten (10) days after being notified of the filing thereof, thereof then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may may, at any time thereafter, bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, Landlord including but not limited to reasonable attorneys’ attorney's fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentRental.

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

Mechanic’s Liens. No Tenant shall pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) 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 Tenant Landlord pursuant to this Lease. If any such lien, whether 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, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in the nature of erection, construction, alteration or repairconnection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed to be for the immediate use and benefit consent or agreement of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against subject Landlord’s interest in the Premises Project to liability under any mechanics’ or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premiseslaw. If any mechanic’s Tenant receives written notice that a lien has been or other liens shall at any time is about to be filed against the Premises or the property Project, or that any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it shall immediately give Landlord written notice of furnishedsuch notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or alleged to have been performed or furnished, to Tenant installations) in or to anyone holding the Premises through Premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of give Landlord within thirty (30i) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereof, then, persons supplying labor and materials for the proposed work and (ii) two (2) copies of Tenant’s plans and specifications for such work. Landlord will have the right to post notices of nonresponsibility or similar written notices on the Premises in addition order to being an Event of Default and protect the Premises against any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.

Appears in 1 contract

Samples: Office Lease (Dendreon Corp)

Mechanic’s Liens. No work performed by Tenant pursuant will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and nothing in this Lease, whether in the nature of erection, construction, alteration or repair, Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to be any person for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason performance of any consent given by Landlord labor or the furnishing of any materials to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in , the Premises Building, or the property Property or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises any services or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result furnishing of any such lien against Landlord’s interest materials that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect would give rise to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises Premises, the Building, or the property of which Property. In the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether event any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded attached to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged Premises, the Building, or bonded after being notified of the filing thereofProperty, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or may, but shall not be obligated to, discharge the same by paying the same. Any amount claimed to be due, and the amount so paid by LandlordLandlord for any of the aforesaid purposes including, including but not limited to, reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Ratefees, shall be due and payable paid by Tenant to Landlord promptly on demand as Additional Rent. If Landlord does consent to the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property by any party, which consent must be in writing, Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may require, including, but not limited to, Builder’s Risk and Worker’s Compensation insurance. 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 (Epicor Software Corp)

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Mechanic’s Liens. No work performed Subcontractor covenants and specifically agrees for itself and, to the extent permitted by Tenant pursuant to this Leasethe laws of the province in which a Project is located, whether in the nature of erectionfor its subcontractors, constructionlabourers and mechanics, alteration material and equipment suppliers and all other persons acting through or repairunder Subcontractor, that no mechanics’ or materialmen’s lien or claim shall be deemed filed, asserted, claimed or maintained by it, them or any of them against any property other than the building, improvements or parcel/lot constituting or relating to a Project, for or on account of any work done or material, equipment or services furnished by it, them or any of them, under a Work Order or otherwise. Subcontractor shall cause this covenant to be for the immediate use inserted in and benefit made a part of Landlord so each and every subcontract that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials it executes with respect to the Work. Subcontractor further covenants and specifically agrees that in the event any work performed mechanics’ or materialmen’s lien or claim shall be filed, asserted, claimed or maintained by Tenant any sub-subcontractor or its Contractors on materialman of Contract or, whether meritorious or about not, during the Premises. If any mechanicperiod extending through and including the period of Subcontractor’s performance of the Work up until the date one (1) year after final performance by Subcontractor of the relevant Work, Subcontractor shall, at no cost to Contractor, by posting bond or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedcash security, or alleged to have been performed or furnishedotherwise, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any cause such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same claim to be discharged of record or bonded to the satisfaction of Landlord removed within thirty ten (3010) days of the earlier of: i) the filing of the lien or claim or ii) Subcontractor’s receipt of notice of such lienthe lien or claim. If Tenant Subcontractor agrees that any failure by it to bond off or remove any lien in accordance with this article shall fail operate as a complete, total and absolute waiver and relinquishment of any right which Subcontractor has to cause such lien receive any further payments from Contractor under, in connection with, or in any way relating to be so discharged or bonded after being notified the Work, a Work Order and this Agreement. The breach by Subcontractor of either of the filing thereofforegoing covenants or specific agreements shall constitute a material breach of this Agreement entitling Contractor to exercise any or all of the rights and remedies available to Contractor under this Agreement or any Work Order, then, in addition to being an Event of Default and as well as any other right or remedy of Landlord, Landlord may bond or discharge the same rights and/or remedies granted to Contractor by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien law or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentequity.

Appears in 1 contract

Samples: Master Agreement

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Prior to the commencement of which any such work, (i) Tenant shall comply with Nevada Revised Statutes Section 108.234(4) by obtaining a payment and completion bond as required in an amount equal to one and one-half (1.5) times the aggregate contract price for such work; and (ii) providing evidence of such compliance to Landlord. In addition, 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 any lien against the Premises are a part by reason or Project is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Shopping Center or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Mechanic’s Liens. No Tenant shall promptly pay any contractors and ---------------- materialmen who supply labor, work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord materials to Tenant at the Premises so as to improve prevent the Premisespossibility of a lien attaching to the Premises or any portion thereof. Tenant shall place take all steps permitted by law in order to avoid the imposition of any such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises 's, laborer's or the property of which the Premises are a partmaterialman's lien. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge Should any such lien filed by any or notice of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantfiled, Tenant shall cause bond against or discharge the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of after the lien or claim is filed or formal notice of such lien. If Tenant shall fail to cause the lien or claim has been issued regardless of the validity of such lien or claim. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be so discharged done or bonded after being notified of any materials to be supplied for the filing thereof, then, in addition to being an Event of Default and any other right or remedy account of Landlord, or to allow any mechanics lien to attach to Landlord's interest, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Premises or any interest therein or income therefrom on account of any mechanic's, laborers or materialman's lien or claim or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer hired directly or indirectly by Tenant. Notwithstanding the foregoing, Tenant may contest any mechanics' lien or liens upon the deposit by Tenant with Landlord of an indemnity bond issued by a corporate surety in an amount equal to the amount of the lien claim, if such procedure shall be acceptable to the then existing mortgagee(s) of the Premises. Such bond shall name Landlord and such other parties as Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord direct as Additional Rentobligees thereunder.

Appears in 1 contract

Samples: Agreement of Lease (Unisource Worldwide Inc)

Mechanic’s Liens. No work performed 9.01 Any improvements to be constructed in the Premises by Tenant pursuant prior to Tenant initially commencing use of the Premises are referred to throughout this Lease as “Tenant Improvements.” All Tenant Improvements will be performed in accordance with the provisions set forth in this Lease, whether in including Tenant Improvements that are the nature Landlords obligation, and Article 9.02 regarding Tenant Alterations. 9.02 The following provisions apply to “Tenant Alterations” which means and includes (a) any alterations, additions or improvements to the Premises undertaken by or on behalf of erectionTenant, construction(b) any utility installations at the Premises undertaken by Tenant, alteration or and (c) any repair, restoration, replacement, or maintenance work at the Premises undertaken by or on behalf of Tenant. Tenant shall not commence any Tenant Alteration without first obtaining the prior written consent of Landlord in each instance. Tenant shall submit such information regarding the intended Tenant Alteration as Landlord may reasonably require, and no request for consent shall be deemed complete until such information is so delivered. The following provisions apply to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien all Tenant Alterations: (i) Tenant shall be allowed against the estate of Landlord by reason of any consent given hire a licensed general contractor approved by Landlord who, in turn, shall hire only licensed subcontractors; (ii) Tenant shall obtain all required permits and deliver a copy of the same to Tenant to improve the PremisesLandlord. Tenant shall place such contractual provisions as install all Tenant Alterations in strict compliance with all Laws, permits, any plans approved by Landlord, and all conditions to Landlord’s approval; (iii) Unless Landlord may request in all contracts and subcontracts for elects otherwise, Tenant shall remove each Tenant Alteration at the end of this Lease or Tenant’s improvements assuring right of possession and restore the Premises to its prior condition, all at Tenant’s sole expense; and (iv) Tenant shall deliver to Landlord, within ten (10) days following installation of each Tenant Alteration, (A) accurate, reproducible as-built plans, (B) proof of final inspection and approval by all governmental authorities, (C) complete lien waivers acceptable to Landlord that no mechanic’s liens will be asserted against for all costs of the Tenant Alteration, and (D) a copy of a recorded notice of completion. Landlord’s interest in approval of any Tenant Improvements and Tenant Alterations and/or Landlord’s approval or designation of any general contractor, subcontractor, supplier or other project participant will not create any liability whatsoever on the Premises or part of Landlord. Notwithstanding the property of which the Premises are a part. Said contracts and subcontracts shall provideabove, among other thingsLandlord grants Tenant permission, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, at Tenant’s election, to install an additional HVAC unit, and related equipment and ductwork, provided Tenant complies with the above conditions and acknowledges that the equipment would be Fixture and therefore left in place upon Lease Termination. Tenant shall pay to Landlord a fee equal to 10% of total costs to compensate Landlord for review of plans, inspection of work, and other activities regarding any Tenant Alterations. Casimir-Quince, LLC, Lease Agreement Page 12 of 36 9.03 Tenant shall pay all costs of Tenant Alterations as and when due. Tenant shall not allow any lien to be filed. Tenant shall obtain advance lien waivers and third-party beneficiary agreements from all contractors, subcontractors, suppliers suppliers, and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor others providing equipment, labor, materials, or materials will be filed or claimed by the Contractors against Landlord’s interest services, in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed form required by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens lien is filed, Tenant shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workwithin 5 ten (10) days remove such lien. In addition, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether if any such lien is asserted against filed, then, without waiver of any other right or remedy, Landlord shall have the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail right to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, removed by any means allowed by Law. All sums expended by Landlord in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlordconnection with such lien and/or its removal, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienattorney fees, shall be immediately due from Tenant to Landlord, together with interest thereon at the Default Ratehighest maximum legal interest rate per annum permitted from time to time under applicable Colorado State Law, of the then delinquent amount. Such interest shall compound annually. 9.04 All Tenant Improvements and Tenant Alterations are part of the realty and belong to Landlord. Tenant shall be due solely responsible for all taxes applicable to any Tenant Alterations, to insure all Tenant Alterations and payable by to restore the same following any casualty. As a condition of Landlord consenting to any Tenant Improvements or Tenant Alterations, Landlord reserves the right to require Tenant to pay an amount determined by Landlord to remove all of any Tenant Improvements or Tenant Alterations and restore the Premises to their condition before any such work commenced (normal wear and tear excepted). At any time prior to the expiration or earlier termination of this Lease, Landlord may require, upon 10 days’ prior written notice to Tenant, that Tenant remove all, or any part of the Tenant Improvements and/or Tenant Alterations at its sole cost and expense and repair any damage caused by such removal. Provided that Tenant is not in default and has given Landlord notice to vacate Premises as Additional Rentdefined herein, Tenant shall be given permission to remove those certain tenant-specific lighting fixtures, ballasts, coffers, xxxxxxx and lighting wiring not permanently affixed to the Premises. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. The provisions of this Article 9 shall survive the expiration or any earlier termination of this Lease. 10.

Appears in 1 contract

Samples: Industrial Lease Agreement

Mechanic’s Liens. No Tenant and any vendor, contractor or subcontractor performing work performed by on behalf of Tenant pursuant to shall keep the Building, the Property, the Leased Premises and the improvements at all times during the Term of this Lease, whether in the nature free of erection, construction, alteration mechanic's and materialmen's liens and other liens of like nature. Tenant at all times shall fully protect and indemnify Landlord against all such liens or repair, shall be deemed to be for the immediate use claims and benefit against all attorneys fees and other costs and expenses growing out of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord incurred by reason or on account of any consent given by Landlord such liens or claims. Should Tenant fail fully to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by or claim, Landlord, in its sole discretion, may pay the same or any part thereof, and Landlord shall be the sole judge of the Contractor’s suppliers, laborers, materialmen validity of said lien or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractorsclaim. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount All amounts so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default "Prime Rate" (as defined in Paragraph 24.20) plus two percent (2%) per annum (but not in excess of the maximum lawful rate) from the time of payment by Landlord until repayment by Tenant, shall be due and payable paid by Tenant upon demand, and if not so paid, shall continue to Landlord bear interest at the aforesaid rate, payable monthly as Additional Rent.. Notwithstanding the foregoing, Tenant shall not have any liability for nor shall Tenant indemnify Landlord against any such mechanic's or materialmen's liens and other liens of like nature placed on the Leased Premises, the Property or the Building by Landlord's Contractor (as hereinafter defined in Exhibit D), or any of Landlord's Contractor's subcontractors, suppliers, or materialmen, or other contractors employed by Landlord, arising out of or related in any way to the Tenant Improvements constructed under Landlord's supervision pursuant to Exhibit D, to the extent the cost of such Tenant Improvements is to be paid with the proceeds of Landlord's Allowance for Tenant Improvement Costs (as defined in Exhibit D). Nothing in the immediately preceding sentence shall relieve Tenant of any obligation under this Article XVI or elsewhere in this Lease for liens arising due to Tenant's failure timely to pay Tenant's Costs (as defined in Exhibit D) as provided in Exhibit D.

Appears in 1 contract

Samples: Office Lease (Richmont Marketing Specialists Inc)

Mechanic’s Liens. No Tenant shall promptly pay any contractors and materialmen who supply labor, work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord materials to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in at the Premises or the property Property so as to minimize the possibility of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts lien attaching to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property Property. Tenant shall take all steps permitted by law in order to avoid the imposition of which any mechanic’s, laborers or materialman’s lien upon the Premises are Premises, the Property or the Lot, including, but not limited to, obtaining a part; that Waiver of Liens prior to the Contractors will immediately discharge commencement of construction and/or a Release of Liens upon completion of construction. Should any such lien or notice of lien be filed for work performed for Tenant other than by any Landlord, Tenant shall bond against or discharge the same within fifteen (15) days after the lien or claim is filed or formal notice of said lien or claim has been issued regardless of the Contractorvalidity of such lien or claim. Nothing in this lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant’s suppliersaccount and at Tenant’s risk and expense. Throughout this lease the term “mechanic’s lien” is used to include any lien, laborers, materialmen encumbrance or subcontractors; and that charge levied or imposed upon the Contractors will indemnify and save Landlord harmless from Premises or the Property or any and all costs and expenses, including reasonable attorney’s fees, suffered interest therein or incurred as a result income therefrom on account of any such mechanic’s, laborer’s or materialman’s lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If include without limitation any mechanic’s or other liens shall at any time be filed against the Premises or the property notice of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged intention given to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same any stop order given to be discharged of record Landlord or bonded to the satisfaction of Landlord within thirty (30) days of Tenant, any notice of such lien. If refusal to pay naming Landlord or Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right injunctive or remedy of Landlord, Landlord may bond or discharge the same equitable action brought by paying the amount claimed any person entitled to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such any mechanic’s lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: SXC Health Solutions Corp.

Mechanic’s Liens. No work performed Tenant shall not create or cause to be imposed, claimed or filed upon the Premises, or any portion thereof, or upon the interest of Landlord therein, any lien, charge or encumbrance whatsoever. If, because of any act or omission of Tenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) and Tenant pursuant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys' fees, at both trial and all appellate levels, resulting or on account thereof and therefrom. In the event that Tenant shall fail to comply with the provisions of this LeaseSection 18, whether Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant agrees to reimburse Landlord, upon demand and as additional rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon, until paid. Landlord's interest in the Premises shall not be subjected to liens of any nature by reason of erection, Tenant's construction, alteration or alteration, renovation, repair, shall be deemed to be for restoration, replacement or reconstruction of any improvements on or in the immediate use and benefit of Landlord so that no mechanic’s Premises, or other lien shall be allowed against the estate of Landlord by reason of any consent given by other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, mechanics' and materialmen's liens. All persons dealing with Tenant are hereby placed on notice that such persons shall not look to Landlord or to Tenant to improve Landlord's credit or assets (including Landlord's interest in the Premises) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, renovation, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that has no mechanic’s liens will be asserted against power, right or authority to subject Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant mechanic's or its Contractors on materialmen's lien or about the Premisesclaim of lien. If any mechanic’s a lien, a claim of lien or other liens an order for the payment of money shall at any time be filed imposed against the Premises or the property on account of which the Premises are a part by reason of work, labor, services or materials performed of furnishedwork performed, or alleged to have been performed performed, for or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless on behalf of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord shall, within thirty (30) days of after written notice of the imposition of such lien, claim or order, cause the Premises to be released therefrom by the payment of the obligation secured thereby or by furnishing a bond or by any other method prescribed or permitted by law. If a lien is released, Tenant shall thereupon furnish Landlord with a written instrument of release in form for recording or filing in the appropriate office of land records of Orange County, Florida, and otherwise sufficient to establish the release as a matter of record. Tenant may, at its option, contest the validity of any lien or claim of lien if Tenant shall have first posted an appropriate and sufficient bond in favor of the claimant or paid the appropriate sum into court, if permitted by law, and thereby obtained the release of the Premises from such lien. If judgment is obtained by the claimant under any lien, Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge pay the same by paying the amount claimed to be dueimmediately after such judgment shall have become final, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.time for appeal

Appears in 1 contract

Samples: Office Lease Agreement (Triton Network Systems Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of, or alleged to have been incurred by or at the request of, a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. At all times during which any Tenant Party is engaged in making improvements to the Premises, Tenant shall, all as provided in Colorado Revised Statutes § 38-22-105(2), post and keep posted a written notice in a conspicuous place advising all contractors, subcontractors and material suppliers that Landlord’s interest in the Premises, the Building and the Project is not subject to a mechanic’s lien. Tenant shall provide to Landlord a photo depicting the posting and a written certification of the date on which the Premises are a part by reason photo was taken and on which the first improvement work was performed. The posting shall be performed and the photo taken within five days of commencement of the improvements. Upon completion of any such work, laborTenant shall deliver to Landlord final unconditional lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work in a form approved by Landlord. If such a lien is filed, then Tenant shall, within ten business days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), either • pay the amount of the lien and cause the lien to be released of record, • provide adequate evidence to landlord of — the approval of a corporate surety bond by a judge of the district court of Denver County, Colorado, as required by C.R.S § 38022-131 and — the release of the lien of record, or • diligently contest such lien and deliver to Landlord security reasonably satisfactory to Landlord, in which case Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as provided by Law. If Tenant fails to timely take any such action, then Landlord may pay the lien claim, and any amounts so discharged paid, including expenses and interest, shall be paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or bonded after being notified of other similar relationships) and that Tenant is not authorized to act as Landlord’s common law agent or construction agent in connection with any work performed in the filing thereofPremises. Accordingly, thenall materialmen, in addition to being an Event of Default contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’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 remedy interest in any funds held by Landlord to reimburse Tenant for any portion of Landlordthe cost of such work. Tenant shall defend, indemnify and hold harmless Landlord may bond or discharge the same by paying the amount claimed to be dueand its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and the amount so paid by Landlord, expenses (including reasonable attorneys’ fees 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by request of a Tenant Party (except to the except that payment of the same is the responsibility of Landlord as Additional Rentexpressly provided in Exhibit D hereto). This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Leaseor any assignees claiming by, whether in through or under Tenant; any subtenants claiming by, through or under Tenant; and any of their respective agents, contractors, employees and invitees (collectively, the nature of erection“Tenant Parties” and each individually, construction, alteration or repaira “Tenant Party”), shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the forfeiture of the Leased Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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 Leased 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 Leased 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. Tenant shall indemnify, defend and hold harmless Landlord and Landlord’s attorneys, agents, trustees, beneficiaries, successors, and assigns (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the 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 survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Funding Agreement

Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseAt all times, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in keep the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless free from any and all costs mechanic’s, materialman’s, laborer’s and expensesother liens, including reasonable attorney’s feeswhether for material or work with respect to any Alterations or otherwise; provided, suffered or incurred as that in the event Landlord receives a result notice of any such lien against Landlord’s interest that may be filed for material or work claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, furnished to Tenant or to anyone holding the Premises through or under on Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant’s behalf, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If so notified and Tenant shall fail to immediately either discharge the lien or cause such lien to be so discharged released of record by bonding off said lien of record (with a company reasonably satisfactory to Landlord) or bonded after being notified the posting of adequate security with a court of competent jurisdiction as may be provided by the mechanics’ lien statutes of the filing thereofstate in which the Project is located. If Tenant posts a bond or security, thenit shall contest the validity of the lien. Tenant hereby agrees to indemnify Landlord for, and defend and hold Landlord harmless from and against, all liability, loss, damages, costs or expenses, including attorneys’ fees, expenses and court costs incurred in addition connection with any claims of any nature whatsoever for work performed for, or materials or supplies furnished or claimed to being an Event be furnished to Tenant, including lien claims of Default contractors, laborers mechanics or materialmen. If Tenant shall be delinquent in paying any charge for which such a lien or suit to foreclose such a lien has been recorded or filed and any other right or remedy of Landlordshall not have caused the lien to be released as aforesaid, Landlord may bond (but without being required to do so) pay such lien or discharge the same by paying the amount claimed to be dueclaim and costs associated therewith, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienpaid, together with interest thereon at the Default RateInterest Rate from the date paid by Landlord until such sum is repaid by Tenant, and together with reasonable attorneys’ fees, expenses and court costs incurred in connection therewith, shall be immediately due and payable by from Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease (Grom Social Enterprises, Inc.)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all general contractors who performed such work the costs of which exceed of $25,000.00. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (a) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (b) diligently contest such lien and deliver to Landlord a bond or, if Tenant does not wish to supply a bond, other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the satisfaction of lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default 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 remedy interest in any funds held by Landlord to reimburse Tenant for any portion of Landlordthe cost of such work. Tenant shall defend, indemnify and hold harmless Landlord may bond or discharge the same by paying the amount claimed to be dueand its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and the amount so paid by Landlord, expenses (including reasonable attorneys’ fees 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. This indemnity provision shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Online Resources Corp)

Mechanic’s Liens. No 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 (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanics' liens, and other liens on account of work done for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the PremisesWork Letter. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall providehereby agrees to indemnify, among other thingsdefend, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless of and from any and all costs and liability, loss, damage, costs, or expenses, including reasonable attorney’s attorneys' fees, suffered on account of any claims of any nature whatsoever including claims or incurred liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out work (which term includes the supplying of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantmaterials), Tenant shall cause such liens to be removed of record within ten (10) days after notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security (which may be in the form of a bond) 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 or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienat once. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified in default of the filing thereof, then, in addition foregoing or suit to being an Event of Default foreclose the lien has been recorded or filed and any other right or remedy of Landlordshall not have given Landlord security as aforesaid, Landlord may bond (but without being required to do so) pay such lien or discharge the same by paying the amount claimed to be dueclaim and any costs, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienpaid, together with interest thereon at the Default Ratereasonable attorney's fees incurred in connection therewith, shall be immediately due and payable by from Tenant to Landlord as Additional RentLandlord.

Appears in 1 contract

Samples: Exactis Com Inc

Mechanic’s Liens. No work performed TENANT further agrees that TENANT shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and shall indemnify LANDLORD against all expenses, costs, and charges, including bond premiums for release or transfer of liens and attorney's fees and costs reasonably incurred in and about the defense of any suit in discharging the said Premises or any part thereof from any liens, judgements, or encumbrances caused or suffered by Tenant pursuant TENANT. In the event any such lien shall be made or filed, TENANT shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties hereto that the expenses, costs and charges above referred to this Leaseshall be considered as rent due and shall be included in any lien for rent. TENANT shall not have any authority to create any liens for labor, whether materials or improvements on LANDLORD's interest in the nature Leased Premises, and TENANT shall place all persons contracting with TENANT for the destruction or removal of any facilities or other improvements or for the erection, constructioninstallation, alteration alteration, or repairrepair of any facilities or other improvements on or about the Leased Premises, and all materialmen, suppliers, contractors, subcontractors, mechanics, and laborers on notice that they must look only to TENANT and to TENANT's interest in the Leased Premises to secure the payment of any charges for work done or material furnished at the request or instruction of TENANT or any party contracting with or through the TENANT. The TENANT shall not be deemed to be for the immediate use and benefit agent of Landlord the LANDLORD, so that no mechanic’s as to confer upon a laborer bestowing labor upon the Leased Premises, or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest upon a materialman who furnishes material incorporated in the Premises or construction of improvements upon the property Leased Premises, a mechanics' lien upon the LANDLORD'S estate under the provisions of which the Premises are a part. Said contracts and subcontracts shall provideChapter 713, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under TenantFlorida Statutes, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing subsequent revisions thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease (Take to Auction Com Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts For improvements that cost in excess of $150,000, Tenant shall cause its general contractor to execute and subcontracts shall provide, among other thingsfile a waiver of the right to file mechanics’ liens against the Premises, the following: That notwithstanding anything Building, and the Project and Tenant shall provide Landlord with copies of all filed mechanics’ lien waivers before Landlord will authorize the commencement of any work in said contracts the Premises. Landlord shall have the right to post and keep posted in the Premises notices of non-responsibility, or subcontracts such other notices as Landlord may deem to be proper for the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit protection of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the ContractorsPremises. Tenant shall pay promptly all persons furnishing labor discharge, by bond or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If otherwise, any mechanic’s or other liens shall at any time be lien filed against the Premises or against the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged Project for work claimed to have been performed done for, or furnishedmaterials claimed to have been furnished to, Tenant within 10 business days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Premises and the Project free from any liens 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 right, but not the obligation, to Tenant pay such claim or post a bond or otherwise provide security to anyone holding eliminate the Premises through or under Tenant, and regardless of whether any such lien is asserted as a claim against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded title to the satisfaction of Landlord within thirty (30) days of notice of such lienProject and the cost thereof shall be due from Tenant as Additional Rent. If Tenant shall fail 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 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 Financing Statement is applicable only to cause such lien to be so discharged or bonded after being notified removable personal property of Tenant located within the Premises. In no event shall the address of the filing thereofProject be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, then, located in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same identified suite held by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentTenant.

Appears in 1 contract

Samples: Lease Agreement (Auxilium Pharmaceuticals Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal line with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten business 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 lime from the date hereof until the end of the Term, are hereby charged with notice that they shall look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’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 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration will pay or repair, shall be deemed cause to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and paid all costs and expensescharges for: (i) work done by Tenant or caused to be done by Tenant, including reasonable attorney’s fees, suffered in or incurred as a result of any such lien against Landlord’s interest that may be filed to the Premises; and (ii) materials furnished for or claimed in connection with or arising out of work undertaken by the Contractorssuch work. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about will 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. If any mechanic’s or other liens shall such lien, at any time time, is filed against the Premises, or any part of the Project, Tenant will cause such lien to be discharged of record within thirty (30) days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such thirty (30) day period, security reasonably satisfactory to Landlord of at least 100% of the amount of the claim, plus estimated costs and interests (or such larger sum as Landlord's title insurance company may require in order to insure over such lien). If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will immediately pay and satisfy the same. If Tenant fails to pay any charge for which a mechanic's lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in all or any portion of the Project to liability under any mechanics' lien or to other lien law. If Tenant receives notice that a lien has been or is about to be filed against the Premises or any part of the property Project or any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it will immediately give Landlord written notice of furnishedsuch notice. At least fifteen (15) days prior to the commencement of any work (including, but not limited to, any maintenance, repairs or alleged to have been performed or furnished, to Tenant Alteration) in or to anyone holding the Premises through Premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of will give Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereofpersons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices, thenif applicable, on the Premises or in addition the public records in order to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge protect the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending Premises against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.

Appears in 1 contract

Samples: Raytel Medical Corp

Mechanic’s Liens. No work performed by Tenant pursuant has no authority, express or implied, to this Leasecreate or place any lien or encumbrance of any kind or nature whatsoever upon, whether or in any manner to bind, the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit interest of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or to charge the property rentals payable hereunder for any claim in favor of which any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors it will indemnify save and save hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant agrees to give Landlord prompt written notice of the placing of any lien or encumbrance against the Premises. Notwithstanding anything to the contrary set forth in this Lease, in the event that such lien is not released and removed within thirty (30) days after the date notice of such lien is delivered by Landlord to Tenant, Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, without any duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorney’s feesattorneys' fees and costs, suffered incurred by Landlord in connection with such lien shall be deemed additional rent -under this Lease and shall immediately be due and payable by Tenant. Notwithstanding the foregoing, if any mechanics' or incurred materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Premises 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 such lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against Landlord’s interest such M&M Lien that may be filed complies with applicable laws and removes the M&M Lien, 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 claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials otherwise affect Tenant's indemnification obligations with respect to any work performed by Tenant or its Contractors on or about the Premisessuch M&M Lien. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest Premises due to acts of Landlord or Tenantits agents or contractors, Tenant shall cause not be obligated to remove such lien (it being agreed that the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice removal of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentLandlord's obligation).

Appears in 1 contract

Samples: Lease Agreement (D & K Healthcare Resources Inc)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 3094 in connection with any work performed by Tenant. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by 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 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. This indemnity provision shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Riverbed Technology, Inc.)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of Tenant or its agents or contractors shall be deemed authorized and ordered by Tenant pursuant only, and Tenant shall not permit any mechanic’s or construction liens to this Leasebe filed against the Premises in connection therewith. Upon completion of any such work, whether in Tenant shall deliver to Landlord final unconditional 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 nature filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of erectionthe Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), constructioneither (a) pay the amount of the lien and cause the lien to be released of record, alteration or repair(b) diligently contest such lien and post a bond or other security that is sufficient to SINGLE TENANT LEASE - NET -9- LANDLORD’S INITIALS: SK TENANT’S INITIALS: CA cause such lien to be released of record. 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 deemed paid by Tenant to Landlord within ten (10) business days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent’ or other similar relationships) and that Tenant is not authorized to act as Landlord’s common law agent or construction agent in connection with any work performed at the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant for the immediate use and benefit 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 must look exclusively to Tenant to obtain payment for same. Additionally, Tenant acknowledges that Landlord so that no mechanic’s has not required Tenant to perform any particular tenant improvements or other lien alterations to the Premises. Nothing in this Lease shall be allowed against the estate of Landlord by reason of any deemed a consent given by Landlord to Tenant to improve any liens being placed upon the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Premises or Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect 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 defend, indemnify and hold harmless Landlord and its Contractors on agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or about relating to the Premises. If failure by Tenant to pay for any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workwork performed, labor, services or materials performed of furnished, or alleged to have been performed obligations incurred by or furnished, to Tenant or to anyone holding at the Premises through or under request of Tenant, and regardless or arising from or relating to Tenant’s failure to comply with its requirement stated in this paragraph. This indemnity provision shall survive termination or expiration of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentthis Lease.

Appears in 1 contract

Samples: Single Tenant Lease (Aptera Motors Corp)

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials 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 furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin 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, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its Property Manager, Invesco, Harvest, any subsidiary or affiliate of all of the foregoing, and their respective officers, directors, shareholders, 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 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 survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s mechanics’ or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s mechanics’ liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s Contractors’ suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s attorneys’ fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing that furnish labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s mechanics’ or other liens lien shall at any time be filed against the Premises or the property of which the Premises are a part part, by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateten percent (10%), shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Building and Land Lease Agreement (Deep Down, Inc.)

Mechanic’s Liens. No work performed by If Tenant pursuant to this Lease, whether makes any alterations or improvements in the nature of erectionPremises, construction, alteration or repair, Tenant must pay for same when made. Nothing in the Lease shall be deemed construed to be for authorize Tenant or anyone dealing with or under Tenant, to charge the immediate use and benefit rents of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises , or the property of which the Premises are form a part. Said contracts , or the interest of Landlord in the estate of the Premises, or any person under and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s through whom Landlord has acquired its interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any estate of the Contractor’s suppliersPremises, laborerswith a mechanic's lien or encumbrance of any kind, materialmen and under no circumstances shall Tenant be construed to be the agent, employee or subcontractors; and that representative of Landlord in the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result making of any such lien against Landlord’s interest that may be filed alterations or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect improvements to any work performed by Tenant or its Contractors on or about the Premises. If a mechanic's or materialmen's lien is threatened by any mechanic’s contractor or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedsupplier, or alleged in the event of the filing of a notice of any such lien, Tenant will promptly pay same and take steps immediately to have been performed or furnished, to Tenant or to anyone holding same removed. If the Premises through or under Tenant, and regardless of whether any such lien is asserted against not removed within ten (10) days from the interest date of written notice from Landlord, Landlord or Tenant, Tenant shall have the right at Landlord's option to cause the same to be discharged by record of record payment, deposit, bond or bonded order of a court of competent jurisdiction or otherwise, or to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified pay any portion thereof and of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount amounts so paid by Landlordpaid, including reasonable attorneys' fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with and expenses connected therewith and interest thereon at the Default Rate, rate of 18% per annum on any sums paid or advanced shall be Additional Rent due and payable by from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of bill. Tenant will indemnify xxx hold harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvements made by Tenant. At Landlord's option, Tenant will provide a payment and performance bond in the amount of Tenant's work and Tenant will deposit the cost of all Tenant's work into a construction escrow, with a title insurance company acceptable to Landlord. The terms of such escrow will provide for periodic payments directly to contractors upon the deposit of all appropriate mechanic's lien waivers and contractor's affidavits duly executed and acknowledged before a notary public, necessary to ensure Landlord of lien-free construction. In addition and at Landlord's option, Tenant shall be required to deliver to Landlord cash or other security in amounts, content and form acceptable to Landlord to hold as Additional Rentsecurity for the prompt payment and to ensure completion of Tenant's work. Tenant will provide insurance certificates from all contractors performing Tenant's work in form and substance as is required by Tenant under this Lease. Except as may be expressly provided in this Lease, nothing in this Section shall be construed to permit Tenant to place any materials upon the Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Premises. Landlord shall have the further right at any time, and from time to time, to post and maintain on the Premises such notices as Landlord deems necessary to protect the Premises, and Landlord, from all Hens of any nature whatsoever.

Appears in 1 contract

Samples: Center Lease Agreement (Top Group Holdings Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s 's improvements assuring Landlord that no mechanic’s 's liens will be asserted against Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors contractor on or about the Premises. If In the event any mechanic’s 's or other liens lien shall at any time be filed entered, or any petition or proceeding therefor filed, against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, furnished to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys' fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentRental.

Appears in 1 contract

Samples: Lease Agreement (Ashworth Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Leaseshall not do any act, whether in or make any contract, which may create or be the nature of erection, construction, alteration or repair, shall be deemed to be foundation for the immediate use and benefit of Landlord so that no mechanic’s any lien or other lien shall be allowed against the estate of Landlord by reason of encumbrance upon any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or any ground or underlying Landlord in any portion of the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any Notice of Intention, mechanic's or other lien, charge, or order for the payment of money or other encumbrance shall be filed against Landlord and/or any ground or underlying Landlord and/or any portion of the Premises (whether or not such lien, charge, order, or encumbrance is valid or enforceable as such), Tenant shall shall, at its own cost and expense, cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty fifteen (3015) days of notice of such lienafter the filing thereof; and Tenant shall indemnify and save harmless Landlord and all ground and underlying Landlord(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall fail have the option of discharging or bonding any such lien, charge, order, or encumbrance, and Tenant agrees to cause such lien to be so discharged or bonded after being notified reimburse Landlord for all costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the filing thereofmaximum rate permitted by law promptly upon demand. All materialmen, thencontractors, in addition to being an Event of Default artisans, mechanics, laborers, and any other right persons now or remedy hereafter contracting with Tenant of Landlordany contractor or subcontractor of Tenant for the furnishing of any labor services, Landlord may bond materials, supplies, or discharge equipment with respect to any portion of the same by paying Premises, at any time from the amount claimed to be duedate hereof until the end of the Lease Term, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together hereby charged with interest thereon at the Default Rate, shall be due and payable by notice that they look exclusively to Tenant to Landlord as Additional Rentobtain payment for same.

Appears in 1 contract

Samples: North American Integrated Marketing Inc

Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days (unless the Building is for sale in which case Tenant shall within ten (10) days) after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (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 or fails to notify Landlord within ten (10) days after Landlord has delivered notice of the satisfaction filing of such lien as to its pursuing either (1) or (2) above, 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 Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default 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 remedy interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, Landlord may bond its property management company, any subsidiary or discharge affiliate of the same by paying the amount claimed to be dueforegoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the amount so paid by Landlord“Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including reasonable attorneys’ fees 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Mechanic’s Liens. No work performed by Tenant pursuant will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and nothing in this Lease, whether in the nature of erection, construction, alteration or repair, Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to be any person for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason performance of any consent given by Landlord labor or the furnishing of any materials to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in , the Premises Building, or the property Property or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises any services or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result furnishing of any such lien against Landlord’s interest materials that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect would give rise to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises Premises, the Building, or the property of which Property. In the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether event any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded attached to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged Premises, the Building, or bonded after being notified of the filing thereofProperty, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or may, but shall not be obligated to, discharge the same by paying the same. Any amount claimed to be due, and the amount so paid by LandlordLandlord for any of the aforesaid purposes including, including but not limited to, reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Ratefees, shall be due and payable paid by Tenant to Landlord promptly on demand as Additional Rent. If Landlord does consent to the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property by any party, which consent must be in writing, Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may require, including, but not limited to, Builder’s Risk and Worker’s Compensation insurance. Tenant shall within thirty (30) 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 (KBS Growth & Income REIT, Inc.)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of Airport Network must not permit any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no mechanics’ lien for labor or materials will be filed furnished or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge alleged to have been furnished to it to attach to any such lien filed by any portion of the Contractor’s suppliersService Equipment, laborersthe Airport, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from this Agreement in any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect way relating to any work performed by Tenant or its Contractors on at the direction of Airport Network. Upon making payments to Subcontractors, Airport Network must obtain from each Subcontractor a waiver of mechanics’ liens against any portion of the Service Equipment, the Airport, or about this Agreement arising out of any Work done by the PremisesSubcontractor and each and every of the Subcontractor’s materialmen and workmen. If If, nonetheless, any mechanic’s such mechanics’ lien is filed upon any portion of the Service Equipment, the Airport, or other liens shall at this Agreement, Airport Network must indemnify, protect, defend and save harmless the City against any time be filed against the Premises loss, liability or the property of which the Premises are a part expense whatsoever by reason of workthe mechanic’s lien and must promptly and diligently proceed with or defend, laborat its own expense, services the action or materials performed proceedings as may be necessary to remove the lien. Airport Network must deliver notice to the Commissioner of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against or claim within 15 days after Airport Network has knowledge of it. Airport Network may permit the interest mechanics’ lien to remain undischarged and unsatisfied during the period of Landlord or Tenantthe contest and appeal; provided that, Tenant shall cause upon request by the same Commissioner, Airport Network must post a bond with the City equal to be discharged 150% of record or bonded to the satisfaction amount of Landlord within thirty (30) days of notice of such the lien. If Tenant shall fail the lien is stayed and the stay later expires or if by nonpayment of any lien any portion of the Service Equipment, the Airport, or this Agreement will be, or is claimed to be, subject to loss or forfeiture, then Airport Network must immediately pay and cause such lien to be so satisfied and discharged or bonded after being notified of the filing thereoflien. If Airport Network fails to do so, thenthe Commissioner may, in addition his or her sole discretion, draw on the bond and make such payment. If the Commissioner has not requested a bond, then the Commissioner may, in his or her sole discretion, make such payment out of legally available Airport funds and, in such event, the amount paid shall immediately be payable by Airport Network as Additional Fees. Failure to being post a bond when requested by the Commissioner or pay such Additional Fees shall be an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentDefault.

Appears in 1 contract

Samples: Programming Service License Agreement

Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseTENANT HAS NO AUTHORITY TO CREATE ANY MECHANIC'S LIEN FOR LABOR OR MATERIAL AGAINST THE BUILDING OR THE PREMISES (OR ANY PORTION OF ANY OF THE FOREGOING). ALL PERSONS CONTRACTING WITH TENANT WHO FURNISH ANY MATERIALS OR SERVICES TO THE PREMISES, whether in the nature of erectionAND ALL MATERIALMEN, constructionCONTRACTORS AND LABORERS, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the PremisesARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK TO TENANT PERSONALLY FOR PAYMENT FOR ANY SUCH WORK DONE OR MATERIAL FURNISHED DURING THE TERM OF THIS LEASE AND TENANT COVENANTS TO DISCLOSE THE PROVISIONS HEREOF TO SUCH PERSONS AS PROVIDED BY THE PROVISIONS OF FLA. STATS. ss.713.10 ("STATUTE"). Tenant shall place agrees to execute a memorandum of this lease in recordable form such contractual provisions as Landlord that same may request be recorded among the public records of the county in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a partlocated to effectively place the public on notice of the provision herein contained as contemplated by the Statute. Said contracts and subcontracts Tenant shall provide, among other things, not permit any mechanics or similar liens to remain upon the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien Premises for labor or materials will be filed material furnished to Tenant or claimed by to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Contractors against Landlord’s interest in Premises, at the direction or with the consent of Tenant, whether such work was performed or materials furnished before or after the commencement of the term of this Lease. Tenant may, however, contest the validity of such lien or claim; provided, Tenant shall give to Landlord reasonable security to insure payment and to prevent any sale, foreclosure or forfeiture of the Premises or the property by reason of which the Premises are such non-payment, if required by Landlord. Upon a part; that the Contractors will immediately discharge any such lien filed by any final determination of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result validity of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantclaim, Tenant shall cause the same to be discharged of record immediately pay any judgment or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If decree rendered against Tenant or Landlord, including but not limited to, all proper costs and charges, including reasonable attorneys' fees, and shall fail to cause such lien to be so discharged or bonded after being notified released of the filing thereof, then, in addition record without costs to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Certified Diabetic Services Inc)

Mechanic’s Liens. No Tenant hereby indemnifies and holds harmless Landlord from and against any liabilities and/or obligations for any and all liens or encumbrances filed against the Property or any part thereof or interest therein arising out of or resulting from the Stairway/Common Area Work (excepting only liens filed by architects or engineers retained by Landlord in connection with the Stairway/Common Area Work), the Tenant’s Work or any other work performed by Tenant pursuant to under this Lease. Tenant, whether in the nature of erection, construction, alteration or repairat its expense, shall be deemed to be for procure the immediate use discharge of all such liens and benefit of Landlord so that no mechanic’s or other lien shall be allowed against encumbrances within ten (10) days after the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result filing of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed encumbrance against the Premises and/or the Property or the property of which the Premises are a any part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienthereof. If Tenant shall fail to cause any such lien or encumbrance to be so discharged or bonded after being notified of the filing thereofwithin such ten (10) day period, then, in addition to being an Event of Default and any other right or remedy of Landlordremedy, Landlord may bond or may, but shall not be obligated to, discharge the same either by paying the amount claimed to be duedue or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lien with interest, costs and allowances. Without limiting the foregoing, any amount so paid by Landlord, including reasonable attorneys’ fees and all costs and expenses incurred by Landlord either in defending against such connection therewith, shall constitute Additional Rent under this Lease and shall be paid by Tenant to Landlord on demand. In addition, without limiting the foregoing, if (i) Tenant bonds over or discharges a lien, and (ii) it is subsequently determined in an action or arbitration proceeding, that the lien or was filed solely as a result of a failure of Landlord to pay the Landlord’s Contribution when due, then, without limitation and in procuring the addition to any other remedy available to Tenant as a result thereof, Landlord shall reimburse Tenant for all costs and expenses incurred by Tenant in connection with bonding or discharge of such discharging said lien, together with interest thereon at the Default Rate, shall be Rate from the date such payment was due and payable by Tenant until the date that Landlord pays such amount to Landlord as Additional RentTenant.

Appears in 1 contract

Samples: Sublease (Tokai Pharmaceuticals Inc)

Mechanic’s Liens. No work performed by Tenant pursuant Prior to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s Mortgagor performing any construction or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the PremisesProperty for which a lien could be filed against the Property, the Mortgagor shall enter into a written contract (“Construction Contract”) with the contractor who is to perform such work, or materialman providing materials (each a “Contractor”), containing a provision whereby (i) the Contractor shall, at the request of the Mortgagor or Mortgagee, verify in an affidavit in a form approved by the Mortgagee that all labor and materials furnished by the Contractor, including all applicable taxes, have been paid by the Contractor up to the date of such requested affidavit, (ii) the Contractor shall, upon the request of the Mortgagor or Mortgagee, at no cost to Mortgagee, post a bond guaranteeing payment for labor and materials provided by all subcontractors, sub-subcontractors and materialmen and subsequently obtain advance lien waivers from such parties in a form acceptable to Mortgagee, (iii) the Contractor agrees to subordinate any lien against the Property, whether obtained under the mechanics’ lien laws or otherwise, to the lien, right, title and terms of the Loan Documents and all advances to be made thereunder and to include a similar provision in contracts with all subcontractors, sub-subcontractors and materialmen with respect to liens obtained by such parties and (iv) the Contractor agrees that foreclosure or a conveyance in lieu of a foreclosure of the liens and security interests securing the Loan shall be fully and automatically effective to terminate and extinguish all of Contractor’s liens and claims of any kind against the Property and to include a similar provision in contracts with all subcontractors, sub-subcontractors and materialmen with respect to liens obtained by such parties. If any mechanic’s Notwithstanding the foregoing, if mechanics’ or other liens shall at any time be filed against the Premises Property purporting to be for labor or material furnished or to be furnished on behalf of the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedMortgagor, or alleged for any other reason relating to have been performed the acts or furnishedomissions of the Mortgagor, to Tenant or to anyone holding then the Premises through or under TenantMortgagor shall at its expense, and regardless of whether any cause such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record by payment, bond or bonded to the satisfaction of Landlord otherwise within thirty fifteen (3015) days of notice of such lienafter the filing thereof. If Tenant the Mortgagor shall fail to cause such lien to be so discharged or bonded after being notified of record within the filing thereoffifteen (15) day period, thenthe Mortgagee may, in addition Mortgagee’s sole discretion, cause such lien to being an Event of Default and any other right or remedy of Landlordbe discharged by payment, Landlord may bond or discharge otherwise without investigation as to the same by paying the amount claimed validity thereof or as to be dueany offsets or defenses thereto, and the amount so Mortgagor shall, upon demand, reimburse the Mortgagee for all amounts paid by Landlordand costs incurred in connection therewith including, including reasonable without limitation, attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentdisbursements.

Appears in 1 contract

Samples: And Security Agreement (Miscor Group, Ltd.)

Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseSeller shall keep the Purchaser Parcel at all times free of mechanics' liens and any other liens for labor, whether in the nature services, supplies, equipment or materials purchased or procured, directly or indirectly, by, through or under Seller (collectively, "Liens"). Seller agrees that it will promptly pay and satisfy all Liens of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliersmechanics, laborers, materialmen or subcontractors; and that others of like character, and shall indemnify Purchaser and its successors, assigns, owners, shareholders, partners, members, employees, officers, representatives and present and future mortgagees against all liabilities, expenses, costs and charges, including, without limitation, bond payments for release of Liens and reasonable attorneys' fees and costs incurred in and about the Contractors will indemnify and save Landlord harmless defense of any suit in discharging the Purchaser Parcel from any and all costs and expensesLiens, including reasonable attorney’s feesclaims, judgments or encumbrances, caused or suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workby, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether Seller. In the event any such lien is asserted Liens, claims, judgments or encumbrances shall be made or filed, Seller shall bond against the interest of Landlord or Tenant, Tenant shall cause discharge the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of after receiving written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, thenof the same. Failure of Seller to comply with its obligations under the preceding sentence shall be deemed a default by Seller hereunder (without the need for Purchaser to serve Seller notice as otherwise required under Paragraph 11 below). In addition, in addition to being an Event of Default the event any such Liens, claims, judgments or encumbrances shall be made or filed, Purchaser, at its sole election, may pay and any other right satisfy the same, or remedy of Landlord, Landlord may bond or discharge off the same by paying and, in any such event, the amount claimed to be due, and the amount sums so paid by LandlordPurchaser, and all actual and other expenses (including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienattorney’s fees), together with interest thereon on all of the foregoing at eighteen percent (18%) per annum, from the Default Ratedate of Purchaser's payment, shall be due and payable by Tenant from Seller to Landlord as Additional RentPurchaser within ten (10) days after Purchaser's delivery to Seller of written demand for payment of the same, with accompanying sufficient supporting documentation. SELLER SHALL NOT HAVE ANY AUTHORITY TO CREATE ANY LIENS FOR LABOR OR MATERIAL ON THE PURCHASER PARCEL AND ALL PERSONS CONTRACTING WITH SELLER FOR THE PERFORMANCE OF ANY SERVICES, SUPPLY OF ANY MATERIALS OR PROVISION OF ANY LABOR FOR ANY WORK DONE IN, ON OR AROUND THE PURCHASER PARCEL, AND ALL MATERIALMEN, CONTRACTORS, SUPPLIERS, MECHANICS AND LABORERS ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK SOLELY TO SELLER TO SECURE PAYMENT OF ANY BXXX FOR WORK DONE OR MATERIAL FURNISHED AT THE REQUEST OR INSTRUCTION OF SELLER.

Appears in 1 contract

Samples: Real Estate Purchase Agreement (Florida Public Utilities Co)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature Borrower shall pay when due all claims and demands of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers mechanics, materialmen, laborers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien others for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on materials delivered for the Land or about the PremisesImprovements. If Notwithstanding the foregoing or Section 1.13 of this Mortgage, Borrower shall not be in default under this Mortgage for failure to pay or discharge any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such materialman’s lien is asserted against the interest Property if, and so long as: (i) Borrower shall have notified Lender of Landlord or Tenant, Tenant same within five (5) days of obtaining knowledge thereof; (ii) Borrower shall cause diligently and in good faith contest the same by appropriate legal proceedings which shall operate to prevent the enforcement or collection of the same and the sale of the Property or any part thereof, to satisfy the same; (iii) Borrower shall have furnished to Lender a cash deposit, or an indemnity bond satisfactory to Lender with a surety satisfactory to Lender, in the amount of the mechanic’s or materialman’s lien claim, plus a reasonable additional sum to pay all costs, interest and penalties that may be imposed or incurred in connection therewith, to assure payment or performance of the matters under contest and to prevent any sale or forfeiture of the Property or any part thereof; (iv) Borrower shall promptly upon final determination thereof pay the amount of any such claim so determined, together with all costs, interest and penalties which may be payable in connection therewith; (v) the failure to or pay the mechanic’s or materialman’s lien claim does not constitute a default under any other deed of trust, mortgage, or security interest covering or affecting any part of the Property; and (vi) notwithstanding the foregoing, Borrower shall immediately upon request of Lender pay (and if Borrower shall fail so to do, Lender may, but shall not be required to, pay or cause to be discharged of record or bonded against) any such claim, notwithstanding such contest, if in the reasonable opinion of Lender the Property shall be in jeopardy or in danger of being forfeited or foreclosed. The cash deposit or bond may be utilized to obtain title insurance insuring around the claim. Lender may pay over any such cash deposit or part thereof to the satisfaction claimant entitled thereto when a final judgment is entered against the Borrower or the Property or claimant commences foreclosure proceedings with respect to the Property, or Lender determines, with advice of Landlord within thirty (30) days of notice legal counsel, that the entitlement of such lien. If Tenant shall fail to cause such lien to be so discharged claimant is established, or bonded after being notified demand or a draw is made by the title company or the title company otherwise requires delivery or deposit elsewhere of all or any portion of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentcash deposit if title insurance is obtained.

Appears in 1 contract

Samples: Craftmade International Inc

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s mechanics’ or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors contractors on or about the Premises. If [Xxx: Please note the following sentence] Prior to the commencement of any mechanic’s work on the Premises, Tenant shall exercise reasonable efforts to obtain unconditional lien waivers from all suppliers of services or materials to the Premises and shall notify in writing all suppliers of services or materials to the Premises that the improvements to be constructed are solely for the benefit of Tenant, that Landlord shall not be liable for any costs related thereto and that the Premises shall not be subject to any mechanics’ or materialmens’ liens in connection therewith. In the event any mechanics’ or other liens lien shall at any time be filed against the Premises or the property of which the Premises are a part by reason reasons of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty forty-five (3045) days of notice of such lienfiling. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded within forty-five (45) days after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, Landlord including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentRental.

Appears in 1 contract

Samples: Lease Agreement (Boston Gear LLC)

Mechanic’s Liens. No work performed by Tenant pursuant Notice is hereby given that Landlord shall not be liable to this Lease, whether in the nature of erection, construction, alteration any Person for any labor or repair, shall be deemed materials furnished or to be for the immediate use furnished to Tenant upon credit, and benefit of Landlord so that no mechanic’s 's, materialman's or other lien shall be allowed against the estate of Landlord by reason of for any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed shall attach to or claimed by affect the Contractors against Landlord’s reversion or other estate or interest of Landlord in and to the Premises Leased Premises, the Building or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; Land. Whenever and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If often as any mechanic’s 's lien or other liens materialman's lien shall at any time be have been filed against the Premises Leased Premises, the Building or the property Land based upon any act or interest of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to of anyone holding the Premises claiming through or under Tenant, and regardless of whether or if any such lien is asserted against with respect thereto shall have been filed affecting any materials, machinery or fixtures used in the interest of Landlord construction, repair or operation thereof or annexed thereto by Tenant or anyone claiming through or under Tenant, Tenant shall cause shall, at its expense, immediately take such action by bonding, deposit or payment as will remove or satisfy the same to be discharged of record lien or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienother security interest. If Tenant shall fail fails to cause such bond remove or discharge the lien to be so discharged or bonded other security interest within 30 days after being notified receipt of the filing thereofdemand therefor by Landlord, thenLandlord, in addition to being an Event of Default and any other right remedy under this Lease and without waiving or remedy of Landlordreleasing Tenant's default in not timely discharging the lien or security interest, Landlord may bond pay the amount secured by such lien or security interest or discharge the same by paying the amount claimed to be due, deposit and the amount so paid by Landlord, including reasonable attorneys’ fees incurred or deposited shall be collectible as additional rent. The provisions of this subsection shall not be applicable to liens filed with respect to work done for Tenant's account by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentLandlord's expense.

Appears in 1 contract

Samples: Lease Agreement (Sylvan Learning Systems Inc)

Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s 's improvements assuring Landlord that no mechanic’s 's liens will be asserted against Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s 's contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as "Contractors") will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s 's interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s 's suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s 's fees, suffered or incurred as a result of any such lien against Landlord’s 's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s 's or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (3020) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys' fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.

Appears in 1 contract

Samples: Radiation Therapy Services Inc

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