Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not create or cause to be imposed, claimed or filed upon the Landlord's interest in the Leased Property, or any portion thereof, 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 discharged of record (by release, bonding, or obtaining a declaratory judgment confirming that the lien, charge or encumbrance does not affect Landlord's interest) and Tenant 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 therefrom or on account thereof. In the event that Tenant shall fail to timely pursue, with reasonable diligence, removal of the lien, charge or encumbrance from Landlord's interest, 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.
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Sources: Ground Lease Agreement (CNL Retirement Properties Inc)
Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not create or cause to be imposed, claimed or filed upon the Landlord's interest in Premises, the Leased PropertyOffice Complex or the Land or upon any portion or portions thereof, or any portion thereofupon the interest of Landlord therein, any lien, claim of lien, order for the payment of money, charge or other encumbrance whatsoeverwhatsoever BY THROUGH OR UNDER TENANT. If, because of any act or omission of Tenant, If any such lien, order, charge or other 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 not later than fifteen (by release, bonding, or obtaining a declaratory judgment confirming 15) days following the earlier of (a) demand from Landlord that the same be paid and satisfied or discharged of record or (b) AND NOTICE TO TENANT OF the filing for record of such lien, order, charge or encumbrance does not affect Landlord's interest) and other encumbrance. Tenant 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 therefrom or on account thereofthereof and therefrom. In the event that Tenant shall fail to timely pursuecomply with the foregoing provisions of this Section, with reasonable diligence, removal of the lien, charge or encumbrance from Landlord's interest, such failure shall constitute a default hereunder and Landlord shall have have, in addition to its other rights under this Lease, 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.
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Sources: Office Space Lease Agreement (Sunglass Hut International Inc)
Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not create create, cause or cause allow to be imposed, claimed or filed upon the Landlord's interest in the Leased PropertyDemised Premises, or any portion thereof, or upon the interest of Landlord therein, including but not limited to any Storage Tank System any lien, charge or encumbrance whatsoeverwhatsoever including mechanic’s liens. If, because of any the act or omission of Tenantany person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmen, any such lien, charge or encumbrance shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereof, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by release, bonding, bonding or obtaining a declaratory judgment confirming that otherwise) within thirty (30) days after written notice of the imposition of such lien, charge or encumbrance does not affect Landlord's interest) and . Tenant 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 therefrom or on account thereofof any such liens filed against the Demised Premises. In the event that Tenant shall fail to timely pursue, comply with reasonable diligence, removal the foregoing provisions of the lien, charge or encumbrance from Landlord's interestthis Section, 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 thereonthereon as provided in this Lease, until paid. If a lien is released, Tenant shall thereupon establish the release as a matter of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is located, and shall furnish Landlord with a copy of same.
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Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not not, directly or indirectly, create or cause to be imposed, claimed or filed upon the Landlord's interest in the Leased Property, or Tenant’s assets, properties or income or any portion thereof, or upon the interest of Landlord therein, any lien, charge or encumbrance whatsoeverLien of any nature whatsoever except upon Landlord’s prior written consent which consent may be withheld in Landlord’s sole and absolute discretion. If, because of any act or omission of Tenant, any such lien, charge or encumbrance Lien shall be imposed, claimed or filedfiled by any party whosoever or whatsoever, Tenant shall, at its sole cost and expense, cause the same to be promptly (and in no event later than thirty (30) days following receipt of notice of such Lien) fully paid and satisfied or otherwise promptly discharged of record (by release, bonding, bonding or obtaining a declaratory judgment confirming that the lien, charge or encumbrance does not affect Landlord's interestotherwise) and Tenant shall indemnify and indemnify, pay, 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' reasonable attorney’s fees, at both trial and all appellate levels, resulting therefrom or on account thereofthereof and therefrom. In the event that Tenant shall fail to timely pursue, comply with reasonable diligence, removal the foregoing provisions of the lien, charge or encumbrance from Landlord's interestthis Section 7.1, Landlord shall have the option option, but not the obligation, of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance Lien 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.
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Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not create or cause to be imposed, claimed or filed upon the Landlord's interest in Premises, the Leased PropertyBuilding, or any other portion thereofof Weston Town Center, or upon the interest of Landlord or the Association 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 releasebonding or otherwise, bonding, or obtaining a declaratory judgment confirming that the lien, charge or encumbrance does not affect Landlord's interest) and Tenant shall indemnify and indemnify, defend, save and hold Landlord harmless from and against against, and reimburse Landlord for, any and all obligations, damages, injunctions, suits, fines, penalties, demands, claims, costs, expenses, actions, liabilities, suits, penaltiesproceedings and losses of whatever nature (including, claims without limitation, attorneys’ fees and demands whatsoever, and from and against any and all attorneys' fees, at both trial and all appellate levelscourt costs), resulting therefrom or on account thereofthereof and therefrom. In the event that Tenant shall fail to timely pursue, comply with reasonable diligence, removal the foregoing provisions of the lien, charge or encumbrance from Landlord's interestthis Section 15, Landlord shall shall, in addition to Landlord’s other rights and remedies, 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.
Appears in 1 contract
Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not not, directly or indirectly, create or cause to be imposed, claimed or filed upon the Landlord's interest in the Leased Property, or any of Tenant’s assets, properties or income or any portion thereof, related to the Leased Property or upon the interest of Landlord therein, any lien, charge or encumbrance Lien of any nature whatsoever. If, because of any act or omission of Tenant, any such lien, charge or encumbrance Lien shall be imposed, claimed or filedfiled by any party whosoever or whatsoever, Tenant shall, at its sole cost and expense, cause the same to be promptly (and in no event later than thirty (30) days following receipt of notice of such Lien) fully paid and satisfied or otherwise promptly discharged of record (by release, bonding, bonding or obtaining a declaratory judgment confirming that the lien, charge or encumbrance does not affect Landlord's interestotherwise) and Tenant shall indemnify and save indemnify, save, pay, insure 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' reasonable attorney’s fees, at both trial and all appellate levels, resulting therefrom or on account thereofthereof and therefrom. In the event that Tenant shall fail to timely pursue, comply with reasonable diligence, removal the foregoing provisions of the lien, charge or encumbrance from Landlord's interestthis Section 7.1, Landlord shall have the option option, but not the obligation, of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance Lien and Tenant agrees to reimburse Landlord, upon demand and as an Additional RentCharge, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon, until paid. Notwithstanding the foregoing, Tenant shall be entitled to enter into leases for new or replacement items of P&E (collectively, “P&E Leases”), provided that the aggregate rent payments for all such P&E Leases do not exceed Twenty-Five Thousand and No/100 Dollars ($25,000.00) per year.
Appears in 1 contract
Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not create or cause to be imposed, claimed or filed upon the Landlord's interest in the Leased PropertyPremises, 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 release, bonding, bonding or obtaining a declaratory judgment confirming that the lien, charge or encumbrance does not affect Landlord's interestotherwise) and Tenant 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 therefrom or on account thereofthereof and therefrom. In the event that Tenant shall fail to timely pursue, comply with reasonable diligence, removal the foregoing provisions of the lien, charge or encumbrance from Landlord's interestthis Section 15.1, 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 thereonthereon as provided in this Lease, until paid. The terms and conditions of this Section 15.1 shall in no way limit Tenant’s right to place a lien upon any of Tenant’s personalty or trade fixtures located on the Premises. In addition, Tenant shall have the unconditional right to grant mortgages (a “Leasehold Mortgage”) covering the leasehold interest created by this Lease and in and to the Improvements and any fixtures, furnishings, machinery or equipment owned by Tenant and located therein. The following terms and provisions shall apply to any Leasehold Mortgage:
(i) Tenant may give notice to Landlord that all notices under this Lease should also be given to the holder of any Leasehold Mortgage (the “Leasehold Mortgagee”), and upon receipt of such notice, Landlord will copy such Leasehold Mortgagee on any notices of default sent under this Lease, at the address provided by Tenant. A Leasehold Mortgagee may, but shall not be obligated to, cure any default or perform any obligation to be performed by Tenant hereunder in the same period of time provided for Tenant to perform or cure any non-performance hereunder.
(ii) No assignment of this Lease to a Leasehold Mortgagee, or foreclosure by a Leasehold Mortgagee against Tenant’s interest under this Lease or its interest in the Improvements and/or any subleases thereof, shall be deemed an assignment in violation of this Lease. Landlord agrees that any Leasehold Mortgagee who has been identified by Tenant as a Leasehold Mortgagee may notify Landlord that such Leasehold Mortgagee has succeeded to the interest of Tenant hereunder, and Landlord thereafter shall treat such Leasehold Mortgagee as the Tenant hereunder without any obligation to inquire into the validity of such Leasehold Mortgagee’s right to succeed to the interest of Tenant hereunder.
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