Common use of Liens and Right to Contest Clause in Contracts

Liens and Right to Contest. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or the Premises or Tenant's interest in the Premises, with respect to work or services performed or claimed to have been performed for or materials furnished or claimed to have been furnished to Tenant or the Premises, and, in case of any such lien attaching or claim thereof being asserted, Tenant covenants and agrees no later than thirty (30) days from the filing thereof or such claim being asserted (i) to cause it to be released and removed of record and deliver a waiver of all liens, rights and claims against the Real Estate from the claimant, or (ii) to provide Landlord with endorsements (satisfactory to Landlord and Landlord's mortgagee) to Landlord and Landlord's mortgagee's title insurance policies insuring against the existence of or attempted enforcement of such lien or (iii) to provide Landlord with a bond from a company satisfactory to Landlord in form, substance and amount satisfactory to Landlord, insuring against loss arising from the existence or attempted enforcement of such lien. In the event that such lien is not released, removed, insured or bonded over within said thirty (30) day period, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice, either before or after such release and removal, pay or reimburse Landlord for all sums, costs and expenses (including reasonable attorneys' fees) incurred by landlord in connection with such lien, together with interest thereon at the Interest Rate. Without limitation of its obligations above, Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, actions, damages, costs, expenses (including attorneys’ fees) arising from the existence or attempted enforcement of or collection on any such lien, and Tenant’s failure to timely discharge or insure over a lien. Tenant shall defend any such action, at its expense, using counsel reasonably satisfactory to Landlord, which attorney shall represent Landlord’s interests. If such attorney refuses to represent Landlord’s interest, Landlord may retain its own counsel, and Tenant shall pay or reimburse Landlord for all attorneys’ fees and costs incurred in connection therewith. Tenant’s obligations under this Article XXI shall survive any termination of this Lease.

Liens and Right to Contest. Tenant covenants and agrees shall not permit the Leased Premises to suffer become subject to any mechanics’ laborers’ or permit any materialman’s lien on account of mechanics labor or materialmen or others material furnished to be placed against the Land, Building or the Premises or Tenant's interest in the Premises, with respect to work or services performed or claimed to have been performed for or materials furnished Tenant or claimed to have been furnished to Tenant or the Premises, and, in case connection with work of any such lien attaching character performed or claim thereof being asserted, Tenant covenants and agrees no later than thirty (30) days from claimed to have been performed on the filing thereof or such claim being asserted (i) to cause it to be released and removed of record and deliver a waiver of all liens, rights and claims against the Real Estate from the claimantLeased Premises by, or (ii) at the direction or sufferance of, Tenant. Tenant shall notify any contractor, subcontractor or supplier making any such improvements or supplying goods and materials to provide Landlord with endorsements (satisfactory the Demised Premises that no lien may attach to Landlord and the Landlord's mortgagee) to Landlord and Landlord's mortgagee's title insurance policies insuring against ’s interest in the existence of or attempted enforcement Demised Premises. A copy of such lien or (iii) to provide Landlord with a bond from a company satisfactory to Landlord in form, substance and amount satisfactory notice shall be sent to Landlord. In accordance with FLORIDA STATUTES Section 713.10, insuring against loss arising from Landlord may record a memorandum of this Lease or similar notice in the existence or attempted enforcement public records providing that Landlord shall not be responsible for the cost of such lienTenant’s improvements and that no lien shall attach to Landlord’s interest in the Demised Premises. In the event that such a lien is not released, removed, insured or bonded over within said thirty (30) day periodfiled against Landlord’s interest in the Demised Premises, Landlord, at its sole option, may take pay all action necessary to release and remove or any part of such lien (without or claim or transfer such lien to security, and any duty to investigate the validity thereof) and Tenant shall promptly upon notice, either before or after such release and removal, pay or reimburse Landlord for all sums, costs and expenses (including reasonable attorneys' fees) incurred by landlord in connection with such lienpayments, together with interest thereon at the Interest Rate. Without limitation rate of its obligations above18% per annum from the time of such payment or transfer by Landlord until repayment by Tenant, shall be paid by Tenant as additional rent upon demand, and if not so paid, shall continue to bear interest at the aforesaid rate until paid in full; 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 and sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefor; provided further, however, that on final determination of the lien or claim for lien, Tenant shall indemnifyimmediately pay any judgment rendered, defend with all proper costs and hold harmless Landlord from and against any and all claims, actions, damages, costs, expenses (including attorneys’ fees) arising from the existence or attempted enforcement of or collection on any such liencharges, and Tenant’s failure to timely discharge or insure over a lien. Tenant shall defend have the lien released and any such action, at its expense, using counsel reasonably satisfactory to Landlord, which attorney shall represent Landlord’s interests. If such attorney refuses to represent Landlord’s interest, Landlord may retain its own counsel, and Tenant shall pay or reimburse Landlord for all attorneys’ fees and costs incurred in connection therewith. Tenant’s obligations under this Article XXI shall survive any termination of this Leasejudgment satisfied.