Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to have any such lien released or judgement satisfied within 10 days written notice of such failure from Landlord, then Landlord may pay any such lien and Tenant shall reimburse Landlord for Landlord’s cost associated with the same with interest at 10% per annum from the date expended by Landlord until paid by ▇▇▇▇▇▇.
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Sources: Purchase and Sale Agreement (Central RoRo, LLC), Lease Agreement (Central RoRo, LLC)
Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics’', laborers’ ' or materialmen’s 's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, of Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of non-payment nonpayment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails hereby agrees to indemnify and hold Landlord harmless for any liability, cost, damage and expense occasioned by any mechanic's lien filed against the Leased Premises or the Real Estate on account of labor or material furnished to Tenant or claimed to have any such lien released or judgement satisfied within 10 days written notice of such failure from Landlord, then Landlord may pay any such lien and been furnished to Tenant shall reimburse Landlord for Landlord’s cost associated in connection with the same with interest at 10% per annum from Leased Premises or the date expended by Landlord until paid by ▇▇▇▇▇▇Real Estate.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Acacia Automotive Inc), Industrial Space Lease (Value City Department Stores Inc /Oh)
Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics’', laborers’ ' or materialmen’s 's lien on account of labor labor, material or material services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for or on the Leased Premises by, or at the direction or sufferance request of, or with the permission of, Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give provide to and for the benefit of Landlord such security or provide other evidence of Tenant's financial ability to satisfy the lien as may be deemed reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Leased Premises by reason of non-payment thereof; provided further, however, further however that on final determination of the lien or claim for of lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to have any secure such bond or post such security or provide other evidence of Tenant's financial ability to satisfy the lien as may be reasonably satisfactory to Landlord or does not diligently contest such lien released or judgement satisfied within 10 fifteen (15) business days written after receipt of notice thereof, Landlord may, without investigation of such failure from Landlordthe validity of the lien claim, then Landlord may pay any discharge such lien and Tenant shall reimburse pay the cost thereof to Landlord for Landlord’s cost associated with the same with interest at 10% per annum from the date expended by Landlord until paid by ▇▇▇▇▇▇within thirty (30) days of demand.
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