Common use of Mechanics’ Lien Clause in Contracts

Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant or any person dealing with or under Tenant, to charge the rents of the Leased Premises, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased 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 such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien 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 lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoever.

Appears in 2 contracts

Sources: Lease Agreement (Schuff Steel Co), Lease Agreement (Schuff Steel Co)

Mechanics’ Lien. If Tenant makes shall have no authority to create or place any alterations lien or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant encumbrances of any kind or any person dealing with or under Tenant, to charge the rents of the Leased Premisesnature whatsoever upon, or the property of which the Leased Premises form a partin any manner to bind, or the interest of Landlord in the estate Premises or to charge the rentals payable hereunder for any claim in favor of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased Premisesor entity dealing with Tenant, with a mechanic's lien including those who may furnish materials or encumbrance of perform labor for any kindconstruction or repairs, and under no circumstances each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant be construed to be the agent, employee or representative of Landlord in the making of such alterations by this instrument. If Tenant shall make repairs or improvements to the Leased Premises, butTenant shall, on the contraryin making such repairs or improvements, the right or power to charge any lienact solely for its own benefit and not as an agent of Landlord, claim or encumbrance of any kind against and Landlord's rents interest in the Premises, and the building or the Leased overall development of which the Premises or said land is denied. So long as the laws of this state are a part, shall provide for the filing of a statutory bond not be subject to eliminate the attachment of any mechanic's, furnisher's or materialmen's liens. Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorneys' fees, based on or arising out of asserted claims or liens to real estateagainst the leasehold estate or against the rights, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant shall require that its contractor discharge by payment or itself shall take such steps as are provided by law for satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through or under Tenant within thirty (30) days after the filing of said statutory bond prior to the initiation of any construction. 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 take steps immediately to have any such lien 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 lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeversame.

Appears in 2 contracts

Sources: Industrial Lease Agreement (Riddell Sports Inc), Industrial Lease Agreement (Back Yard Burgers Inc)

Mechanics’ Lien. If Tenant makes any alterations shall have no authority, express or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant or any person dealing with or under Tenantimplied, to charge the rents create or place any lien or incumbrances of the Leased Premisesany kind or nature whatsoever upon, or the property of which the Leased Premises form a partin any instance to bind, or the interest of Landlord in the estate Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the Leased leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or any person under improvements, act solely for its own benefit and through whom Landlord has acquired its not as an agent or Landlord, and that Landlord's interest in the estate of the Leased Premises, with the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's lien or encumbrance materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in account of any kindlabor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and under no circumstances shall Tenant be construed to be the agent, employee or representative interest of Landlord in the making Premises or under the terms of such alterations this Lease. Tenant shall discharge by payment or improvements satisfactory bond pursuant to the Leased Premises, but, statutory procedures any lien arising out of work performed or materials furnished on the contraryPremises by, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for through and under Tenant within thirty (30) days after the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien 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 lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeversame.

Appears in 2 contracts

Sources: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)

Mechanics’ Lien. 8.01 Tenant shall not suffer or permit any mechanic's lien or other lien to be filed against the Shopping Center, or any portion thereof including the Expansion Premises, by reason of Tenant's Work. If Tenant makes any alterations such mechanic's lien or improvements in other lien shall at any time be filed against the Leased Shopping Center, or any portion thereof including the Expansion Premises, Tenant must pay for them when madeshall cause the same to be discharged of record within 30 days after the date of filing the same. Nothing If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the Lease court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any portion thereof, including the Expansion Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Maximum Rate, shall be construed repaid by Tenant to authorize Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord and the Landlord Affiliated Entities against and save Landlord, the Landlord Affiliated Entities and the Shopping Center, or any portion thereof, including the Expansion Premises, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person dealing now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with or under Tenant, respect to charge the rents of the Leased Expansion Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the property of which same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the Leased Premises form a part, estate or the interest of Landlord in and to the estate of the Leased PremisesShopping Center, or any person under portion thereof, including the Expansion Premises. THIS SECOND AMENDMENT TO OFFICE LEASE ("Second Amendment"), is made and through whom Landlord has acquired its interest in the estate entered into as of the Leased PremisesJuly 27, with 2019, by and between Station Park CenterCal, LLC, a mechanic's lien or encumbrance of any kindDelaware limited liability company ("Landlord"), and under no circumstances shall Tenant be construed to be the agentPluralsight, employee or representative of Landlord in the making of such alterations or improvements to the Leased PremisesLLC, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien removed. If the lien is not removed within ten Utah limited liability company (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option to cause the lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by "Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoever").

Appears in 1 contract

Sources: Sublease Agreement (Pluralsight, Inc.)

Mechanics’ Lien. If Tenant makes Before performing or permitting the performance of any alterations work or improvements in the delay of any materials within Leased PremisesPremises as permitted under any provision of this Lease or as otherwise agreed to by Landlord, Tenant must pay shall, at its own cost and expense, take such steps as Landlord might reasonably require in order that no lien for them when made. Nothing in the Lease shall be construed labor or materials will attach to authorize Tenant or any person dealing with or under Tenant, to charge the rents of the Leased Premises, or the property of which the Leased Premises form as a part, result of such work or the interest of Landlord in the estate of the Leased Premises, materials delay. Tenant shall not permit any mechanics' or any person under and through whom Landlord has acquired its interest in the estate of the Leased Premises, with a mechanic's other lien or encumbrance of any kind, and under no circumstances shall Tenant be construed claim for lien or notice in respect thereto to be the agent, employee or representative of Landlord in the making of such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind filed against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's any fixtures, equipment or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any constructionfurnishings contained therein. 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, notice or claim shall be made or filed, Tenant will promptly take steps immediately to have any such lien removed. If the lien is not removed shall within ten (10) days from after notice of the date filing thereof cause said lien, notice or claim for lien to be effectively removed and discharged of written notice from Landlordrecord; provided, Landlord however, that Tenant shall have the right at Landlord's option to cause contest the lien to be discharged amount or validity, in whole or in part, of any such lien, notice or claim by record of paymentappropriate proceedings but in such event Tenant shall promptly bond such lien, deposit, bond notice or order of claim with a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant surety company satisfactory to Landlord and shall be paid prosecute such proceedings with all due diligence and dispatch. If Tenant fails so to discharge or bond such lien, Landlord may at its election remove or discharge such lien, notice or claim by paying the full amount thereof, or otherwise, and without any investigation or contest of the validity thereof, and Tenant shall pay to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refordemand, as additional rent, the amount paid by the Landlord including Landlord's costs, expenses and counsel fees. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided Nothing in this Lease, nothing in this Article 5 Lease shall authorize or be construed to permit authorize Tenant to place any materials upon the subject Leased Premises or cause Entire Premises to any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverliens.

Appears in 1 contract

Sources: Office Lease Agreement (Digital Descriptor Systems Inc)

Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Demised Premises, Tenant must pay for them same when made. Nothing in the this Lease shall be construed to authorize Tenant or any person dealing with or under Tenant, Tenant to charge the rents of the Leased Premises, Demised Premises or the property of which the Leased Demised Premises form a part, part or the interest of Landlord in the estate of the Leased Premises, Demised Premises or any person under and through whom Landlord has acquired its interest in the estate of the Leased Premises, Demised Premises with a mechanic's ’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 Leased Demised Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's ’s rents or the Leased Demised Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's ’s or materialmen's liens ’s lien to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any constructionconstruction to insure that said bond shall be obtained. If a mechanic's ’s or materialmen's ’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 any such lien same removed. If the lien same is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right right, at Landlord's option to cause ’s option, of paying the lien to be discharged by record of payment, deposit, bond same or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's ’s fees and expenses connected therewith and interest at the rate of two percent (2%) over the prime interest rate as published from time to time in the Wall Street Journal or eighteen percent (18%) per annum annum, whichever is greater, on any sums paid or advanced, advanced shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, improvements made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoever.

Appears in 1 contract

Sources: Lease Agreement

Mechanics’ Lien. If ▇▇▇▇▇▇ agrees to pay before delinquency all costs for work, services or materials furnished to Tenant makes any alterations or improvements in for the Leased Premises, Tenant must pay for them when made. Nothing the nonpayment of which could result in any lien against the Lease shall be construed to authorize Tenant or any person dealing with or under Tenant, to charge land upon which the rents of Building is located (the Leased Premises, "Land'J or the property Building. Tenant will keep title to the Land and Building free and clear of which the Leased Premises form a part, or the any such lien. The interest of Landlord in the estate of the Leased PremisesPremises shall not be subject in any way to any liens, including construction liens, for improvements to or any person under and through whom Landlord has acquired its interest other work performed in the estate Premises by or on behalf of Tenant. This exculpation is made with express reference to Section 713.10, Florida Statutes. Tenant shall notify every contractor making improvements to the Leased Premises, with a mechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant be construed to be Premises that the agent, employee or representative ·interest of Landlord in the making of such alterations or Premises shall not be subject to liens for improvements to or other work performed in the Leased Premises by or on behalf of Tenant. Landlord may record in the public records of the county in which the Building is located a notice containing a true and correct copy of this provision. If any lien is filed against the Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event ▇▇▇▇▇▇ will immediately notify Landlord of the filing of a notice of any such lien, Tenant will promptly take steps immediately to have any such lien removed. If the or any pending claims or proceedings relating to any such 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 lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save hold Landlord harmless Landlord from and against all loss, claims, damages, costs and expenses (including reasonable attorney's fees) suffered or expenses suffered incurred by Landlord as a result of such lien, claims and proceedings. In case any such lien attaches, ▇▇▇▇▇▇ agrees to cause it to be immediately released and removed of record (failing which Landlord may do so at Tenant's sole expense), unless ▇▇▇▇▇▇ has a good faith dispute as to such lien in which case Tenant may contest such lien by reason appropriate proceedings so long as Tenant deposits a lien transfer bond (if applicable) drawn ori a bondsman acceptable to Landlord or deposits with Landlord a bond or other security in an amount reasonably acceptable to Landlord which may be used by Landlord to release such lien. Upon final determination of any repairspermitted contest, installations or improvement, made by Tenant. Except as may ▇▇▇▇▇▇ will immediately pay any judgment rendered and cause the lien to be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverreleased.

Appears in 1 contract

Sources: Lease Agreement (Dyadic International Inc)

Mechanics’ Lien. If Tenant makes any alterations shall pay or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall cause to be construed to authorize paid all costs f(>r work done by or on behalf of Tenant or any person dealing with caused to be done by or under Tenant, to charge on behalf of Tenant on the rents Units of the Leased Premises, a character which will or the property of which the Leased Premises form a part, or the interest of Landlord may result in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its liens against Landlord’s interest in the estate Units and Tenant will keep the Units free and clear of the Leased Premisesall mechanic’s liens and other liens on account of work done f()r or on behalf of Tenant or persons claiming under Tenant. Tenant hereby a.!:,’Tees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including reasonable attorneys’ fees, incurred in connection with a mechanic's lien or encumbrance any claims of any kindnature whatsoever fc1r work performed for, and under no circumstances shall or materials, services or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any such liens be tiled or recorded against the Units with respect to work done, services performed for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be construed to be the agent, employee or representative of Landlord in the making of such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estatecommenced, Tenant shall require that its contractor or itself shall take cause such steps as are provided by law for the filing liens to be released of said statutory bond prior to the initiation of any constructionrecord within five (5) days after notice thereof. 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 Tenant desires to contest any such claim of lien, Tenant will promptly take steps immediately to have any shall nonetheless cause such lien 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 lien to be discharged released of record by record the posting of payment, deposit, bond or order of adequate security with a court of competent jurisdiction as may be provided by Hawaii’s mechanic lien statutes. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or otherwisesuit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released or suit dismissed, Landlord may (but without being required to do so) pay such lien or claim and any portion thereof costs associated therewith, and of the amounts amount so paid, including attorney's together with reasonable attorneys’ fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advancedincurred in connection therewith, shall be deemed to be additional rent immediately due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeveradditional Rent.

Appears in 1 contract

Sources: Stock Purchase Agreement (Midwest Holding Inc.)

Mechanics’ Lien. 8.01 Tenant shall not suffer or permit any mechanic's lien or other lien to be filed against the Shopping Center, or any portion thereof including the Premises, by reason of Tenant's Work. If Tenant makes any alterations such mechanic's lien or improvements in other lien shall at any time be filed against the Leased Shopping Center, or any portion thereof including the Premises, Tenant must pay for them when madeshall cause the same to be discharged of record within 30 days after the date of filing the same. Nothing If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the Lease court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any portion thereof, including the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Maximum Rate, shall be construed repaid by Tenant to authorize Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord and the Landlord Affiliated Entities against and save Landlord, the Landlord Affiliated Entities and the Shopping Center, or any portion thereof, including the Premises, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person dealing now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with or under Tenant, respect to charge the rents of the Leased Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the property of which same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the Leased Premises form a part, estate or the interest of Landlord in and to the estate of the Leased PremisesShopping Center, or any person under portion thereof, including the Premises. THIS FIRST AMENDMENT TO OFFICE LEASE ("First Amendment") made this 13th day of October, 2015, ("Effective Date") by and through whom Landlord has acquired its interest in the estate of the Leased Premisesbetween Station Park CenterCal, with LLC, a mechanic's lien or encumbrance of any kindDelaware limited liability company ("Landlord"), and under no circumstances shall Tenant be construed to be the agentPluralsight, employee or representative of Landlord in the making of such alterations or improvements to the Leased PremisesLLC, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien removed. If the lien is not removed within ten Utah limited liability company (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option to cause the lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by "Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoever").

Appears in 1 contract

Sources: Sublease Agreement (Pluralsight, Inc.)

Mechanics’ Lien. If ▇▇▇▇▇▇ understands and agrees that Tenant makes and anyone acting on ▇▇▇▇▇▇’s behalf do not have the right to file for mechanic’s liens or any alterations other kind of liens on the Premises. ▇▇▇▇▇▇ agrees to give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such liens are invalid. ▇▇▇▇▇▇ further agrees to take the additional steps necessary to keep the Premises free of any and all liens that may result from construction completed by or for Tenant. ● Alterations. Tenant will not make any alteration, addition or improvement to the Premises without first obtaining Landlord’s written consent. Any and all alterations, additions or improvements in (consented or not) to the Leased Premises are without payment to Tenant and will become Landlord’s property immediately on completion and remain on the Premises, unless Landlord requests or permits removal, in which case Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant or any person dealing with or under Tenant, to charge the rents will return that part of the Leased Premises, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased 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 such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long same condition as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond existed prior to the initiation alteration, addition or improvement. Tenant will not change any existing locks or install any additional locks on the Premises without first obtaining Landlord's written consent and must provide Landlord a copy of all keys. ● Pets. The Tenant is allowed to keep pets (dog and/or cat) on Premises. The Tenant will pay a $250 refundable pet deposit, plus an additional $25 fee per month, per pet. The Tenant is not allowed to have or keep any additional pets, even temporarily, on any part of the Premises, without written consent from Landlord. No more than four (4) pets will be allowed in the unit at any time. The unauthorized presence of any constructionpet will subject the Tenant to penalties, damages, deductions and/or termination of this Agreement. If a mechanic's Properly trained service animals that provide assistance to individuals with proper documentation may be permitted on the Premises with the prior written consent of Landlord, which shall not be unreasonably withheld. The Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or materialmen's lien is threatened by any contractor or supplier, or in the event portion of the filing Premises if a pet has been on the Premises at any time during the Term (whether with or without written consent of a notice of any such lien, Tenant will promptly take steps immediately to have any such lien removedLandlord). If the lien Any pet that 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 lien to be discharged by record taken outdoors must be well trained and on-leash while outside of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed designated off-leash areas. Pets are to be additional rent due from Tenant to Landlord well trained and shall be paid to Landlord immediately upon rendition to Tenant respective of a bill other Tenants and ▇▇▇refor▇▇▇’s property. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered Any injury and/or damages inflicted by Landlord by reason pets upon other Tenants and/or ▇▇▇▇▇▇’s property is the responsibility of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeversubject pet’s owner.

Appears in 1 contract

Sources: Tenant Rules

Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant or any person dealing with or under Tenant, to charge the rents of the Leased Premises, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased 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 such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, A. Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of not suffer any construction. If a mechanic's mechanics' or materialmen's lien is threatened to be filed against the Demised Premises or the Office Park by reason of work, labor, services or materials performed or furnished to Tenant or anyone holding any contractor or supplier, or in the event part of the filing of a notice of any such lien, Tenant will promptly take steps immediately to have Demised Premises under Tenant. If any such lien removed. If shall at any time be filed as aforesaid, Tenant may contest the lien is not removed same in good faith but notwithstanding such contest Tenant shall, within ten thirty (1030) days from after the date of written notice from Landlordfiling thereof, Landlord shall have the right at Landlord's option to cause the such lien to be discharged released of record by record of payment, depositbond, bond or order of a court of competent jurisdiction jurisdiction, or otherwise. In the event of Tenant's failure to release of record any such lien within the aforesaid period, to pay Landlord may remove said lien by paying the full amount thereof or by bonding or in any portion other manner Landlord deems appropriate without investigating the validity thereof and irrespective of the amounts fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paidpaid out by Landlord in connection with the discharge of said liens together with expenses incurred in connection therewith, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇reforreasonable attorneys' fees. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided Nothing contained in this Lease, nothing in this Article 5 Lease shall be construed as a consent on the part of Landlord to permit subject Landlord's estate in the Demised Premises to any lien or liability under the lien laws of the State where the Office Park is located. B. Tenant shall not create or suffer to place be created a security interest or other lien against any materials upon improvements, additions or other construction made by Tenant in or to the Leased Demised Premises or cause against any labor equipment or constructionfixtures installed by Tenant therein (other than Tenant's Property), or to make and should any alterationssecurity interest be created in breach of the foregoing, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have be entitled to discharge the further right any time, same by exercising the rights and from time to time, to post and maintain on remedies afforded it under the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens penultimate sentence of any nature whatsoeverParagraph A of this Article.

Appears in 1 contract

Sources: Lease Agreement (Boomerang Systems, Inc.)

Mechanics’ Lien. If No work which Landlord permits Tenant makes any alterations or improvements to do pursuant to this Lease, whether in the Leased nature of erection, construction, alteration and repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanics lien or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to improve the Premises. Tenant shall provide to Landlord, prior to Tenant's occupancy of the Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize waivers or releases of mechanics liens from all subcontractors performing any and all work on behalf of Tenant or at Tenant's request. Tenant shall pay promptly all persons furnishing labor or materials with respect to any person dealing work performed by Tenant or its contractors on or about the Premises. In the event any proceedings shall at any time be filed against the Premises with respect to mechanic's liens or any other lien by reason of work, labor, services and materials performed or furnished, or alleged to be performed or furnished, to Tenant or anyone holding the Premises through or under Tenant, to charge Tenant shall, within fifteen (15) days after said filing, forthwith cause the rents of the Leased Premises, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased Premises, with a mechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant be construed same to be the agent, employee discharged of record or representative of Landlord in the making of such alterations or improvements bonded to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance satisfaction of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, If Tenant shall require that its contractor fail to cause such lien forthwith to be so discharged or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event bonded after being notified of the filing thereof, then, in addition to any right or remedy of a notice Landlord, Landlord may 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 in procuring the discharge of any such lien, Tenant will promptly take steps immediately to have any such lien removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right together with interest thereon at Landlord's option to cause the lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent immediately due from and payable by Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverAdditional Rent.

Appears in 1 contract

Sources: Lease Agreement (Dover Saddlery Inc)

Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant or any person dealing with or under Tenant, to charge the rents of the Leased Premises, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased 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 such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien 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 lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time No mechanic's or materialmen's liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Tenant shall in any way, or to timeany extent, to post and maintain affect the interest or rights of Landlord in any buildings or other improvements on the Leased Premises such notices as Landlord deems necessary Premises, or attach to protect or affect Landlord's title to or rights in the Leased Premises and Landlord, from all liens of any nature whatsoeverPremises.

Appears in 1 contract

Sources: Lease Agreement (Schuff Steel Co)

Mechanics’ Lien. Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed against the Shopping Center, or any portion thereof including the Expansion Premises, by reason of Tenant’s Work. If Tenant makes any alterations such mechanic’s lien or improvements in other lien shall at any time be filed against the Leased Shopping Center, or any portion thereof including the Expansion Premises, Tenant must pay for them when madeshall cause the same to be discharged of record within 30 days after the date of filing the same. Nothing If Tenant shall fail to discharge such mechanic’s lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the Lease shall court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be construed to authorize Tenant provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any person dealing with or under Tenantportion thereof, to charge including the rents of the Leased Expansion Premises. Any amount paid by Landlord, or the property value of which any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s fees of Landlord), together with interest thereon at the Leased Premises form a partMaximum Rate, or shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord and the interest of Landlord in Affiliated Entities against and save Landlord, the estate of Landlord Affiliated Entities and the Leased PremisesShopping Center, or any person under and through whom Landlord has acquired its interest in portion thereof, including the estate of the Leased Expansion Premises, with a mechanic's lien or encumbrance of any kindharmless from all losses, and under no circumstances shall Tenant be construed to be the agentcosts, employee or representative of Landlord in the making of such alterations or improvements to the Leased Premisesdamages, butexpenses, on the contraryliabilities, the right or power to charge any liensuits, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien 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 lien to be discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all losspenalties, claims, damagesdemands and obligations, costs including, without limitation, reasonable attorney’s fees resulting from the assertion, filing, foreclosure or expenses suffered by Landlord by reason of other legal proceedings with respect to any repairs, installations such mechanic’s lien or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverother lien.

Appears in 1 contract

Sources: Office Lease (Pluralsight, Inc.)

Mechanics’ Lien. If Tenant makes any alterations (a) ▇▇▇▇▇▇ agrees that it will pay or improvements in cause to be paid all costs for work done by it or caused to be done by it on the Leased Premises, and Tenant must pay will keep the Premises free and clear of all mechanics' liens and other liens on account of work done for them when madeTenant or persons claiming under it. Nothing in the Lease ▇▇▇▇▇▇ agrees to and shall be construed to authorize 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 or materials or supplies furnished for Tenant or persons claiming under it. (b) If any lien or notice of lien on account of an alleged debt of Tenant or any person dealing with notice of contract by a party engaged by ▇▇▇▇▇▇ or under Tenant, ▇▇▇▇▇▇'s contractor to charge work in the rents of Premises shall be filed against the Leased Premises, Premises or the property Office Building of which the Leased Premises form is a part, or the interest of Landlord in the estate of the Leased PremisesTenant shall, or any person under and through whom Landlord has acquired its interest in the estate of the Leased 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 such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event within thirty (30) days after notice of the filing of a notice of any such lienthereof, Tenant will promptly take steps immediately to have any such lien 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 lien same to be discharged of record by record of payment, deposit, bond or bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period provided, then Landlord, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; and in any such event, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor or to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay any portion thereof and the amount of the amounts so paidjudgment in favor of the lienor with interest, costs and allowances. Any amount paid by ▇▇▇▇▇▇▇▇ and all costs and expenses, including attorneyattorney fees, incurred by Landlord in connection therewith, together with interest thereon at prime plus three percent (3%) the maximum legal rate from the respective dates of Landlord's fees making of the payment or incurring of the cost and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from paid by Tenant to Landlord on demand and without inquiry into the validity of the lien. Nothing in this Lease shall be paid to Landlord immediately upon rendition to Tenant of construed as in any way constituting a bill consent or request by ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss▇▇▇▇▇, claimsexpressed or implied, damagesby inference or otherwise, costs to any contractor, subcontractor, laborer or expenses suffered by Landlord by reason materialman for the performance of any repairs, installations labor or the furnishing of any materials for any specific or general improvement, made by Tenant. Except as may alteration or repair of or to the Premises or to any improvements thereon, or to any part thereof. (c) Should any claims of lien be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon filed against the Leased Premises or cause any labor action affecting the title to such property be commenced, the party receiving notice of such lien or constructionaction shall forthwith give the other party written notice thereof. (d) In connection with pursuit of its rights under this Section, Landlord or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord its representatives shall have the further right any time, to go upon and from time inspect the Premises at all reasonable times after one (1) business days' notice to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverTenant.

Appears in 1 contract

Sources: Lease (American Business Financial Services Inc /De/)

Mechanics’ Lien. 8.01 Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed against the Shopping Center, or any portion thereof including the Premises, by reason of Tenant’s Work. If Tenant makes any alterations such mechanic’s lien or improvements in other lien shall at any time be filed against the Leased Shopping Center, or any portion thereof including the Premises, Tenant must pay for them when madeshall cause the same to be discharged of record within 30 days after the date of filing the same. Nothing If Tenant shall fail to discharge such mechanic’s lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the Lease shall court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be construed to authorize Tenant provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any person dealing with or under Tenantportion thereof, to charge including the rents of the Leased Premises. Any amount paid by Landlord, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased Premises, with a mechanic's lien or encumbrance value of any kind, and under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided deposit so made by law for the filing of said statutory bond prior to the initiation of any construction. 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 take steps immediately to have any such lien 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 lien to be discharged by record of paymenttogether with all costs, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paid, including attorney's fees and expenses connected in connection therewith and (including reasonable attorney’s fees of Landlord), together with interest thereon at the rate of eighteen percent (18%) per annum on any sums paid or advancedMaximum Rate, shall be deemed to be additional rent due from repaid by Tenant to Landlord on demand by Landlord and shall if unpaid may be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refortreated as Additional Rent. Tenant will shall indemnify and defend Landlord and the Landlord Affiliated Entities against and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoever.the Landlord Affiliated Entities and

Appears in 1 contract

Sources: Multi Tenant Office Lease Agreement (Pluralsight, Inc.)

Mechanics’ Lien. If Tenant makes will not permit, during the term of this Lease, any alterations Mechanic's Lien or improvements in other lien or order for payment of work, labor, services or materials furnished or to be furnished to attach to or affect the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall be construed to authorize Tenant Demised Premises or any person dealing with portion thereof, and agrees that no such lien or order shall under Tenantany circumstances attach to or affect the fee, to charge the rents of the Leased PremisesLeasehold, or the property of which the Leased Premises form a part, or the interest of Landlord in the other estate of the Leased PremisesOwner herein or the building. The Tenant's obligation to keep the Demised Premises in repair, and its right to make alterations therein shall not be construed as the consent of the Owner to the furnishing of such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract with may create, or be the foundation for any person under and through whom Landlord has acquired its interest in lien upon the fee or Leasehold estate of the Leased PremisesOwner in the Demised Premises or upon the land or building of which they are a part. The Tenant shall within thirty (30) days after notice, with a mechanic's discharge said lien or encumbrance of any kind, and under no circumstances shall Tenant be construed order payments by deposit or by bond fixed in a proper proceeding according to be the agent, employee or representative of Landlord in the making of such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Leased Premises or said land is denied. So long as the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 take steps immediately to have any such lien removedlaw. If the Tenant shall fail to take such action, or shall not cause such 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 lien or order to be discharged within thirty (30) days after the notice of fling thereof, the Owner may pay the amount of such lien or discharge the same by record of payment, deposit, deposit or by bond or order of a court of competent jurisdiction or otherwisein any other manner according to law, to and pay any portion thereof judgment recovered in any action to establish or foreclose such lien or order, and of the amounts any amount so paid, together with the expenses incurred by the Owner, including all reasonable attorney's fees and expenses connected therewith and interest at the rate disbursements incurred in any defense of eighteen percent (18%) per annum on any sums paid such action, bonding or advancedother proceeding, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant will indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverAdditional Rent.

Appears in 1 contract

Sources: Office Lease (Ijc Ventures Corp)

Mechanics’ Lien. If Tenant makes any alterations In accordance with the applicable provisions of the Florida Mechanic’s Lien Law and specifically Florida Statutes, Section 713.10, no interest of Lessor whether personally or improvements in the Leased Premises, Tenant must pay for them when made. Nothing or in the Lease underlying land or Project of which the Premises are a part of the leasehold interest aforesaid shall be construed subject to authorize Tenant liens for improvements made by Lessee or caused to be made by Lessee hereunder. Further, Lessee acknowledges that Lessee, with respect to improvements or alterations made by Lessee or caused to be made by Lessee hereunder, shall promptly notify the contractor making such improvements to the Premises of this provision exculpating Lessor’s liability for such liens. No work performed by Lessee 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 Lessor so that no mechanic’s or other lien shall be allowed against the estate of Lessor by reason of any person dealing with or under Tenant, consent given by Lessor to charge Lessee to improve the rents of Premises. Lessee shall place such contractual provisions as Lessor may request in all contracts and subcontracts for Lessee’s improvements assuring Lessor that no mechanic’s liens will be asserted against Lessor’s interest in the Leased Premises, Premises or the property of which the Leased Premises form are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts to the contrary, (Lessee)’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 Lessee; that no lien for labor or materials will be filed or claimed by the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its Contractors against Lessor’s interest in the estate of the Leased 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 such alterations or improvements to the Leased Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents Premises or the Leased property of which the Premises or said land is denied. So long as are a part; that the laws of this state shall provide for the filing of a statutory bond to eliminate the attachment of mechanic's or materialmen's liens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. If a mechanic's or 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 Contractors will promptly take steps immediately to have discharge any such lien 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 lien to be discharged filed by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and of the amounts so paidContractor’s suppliers, including attorney's fees laborers, materialmen or subcontractors; and expenses connected therewith and interest at that the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill ▇▇▇refor. Tenant Contractors will indemnify and save Lessor harmless Landlord from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Lessor’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Lessee shall pay promptly all loss, claims, damages, costs persons furnishing labor or expenses suffered materials with respect to any work performed by Landlord Lessee 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 or furnished, or alleged to have been performed or furnished, to Lessee or to anyone holding the Premises through or under Lessee, and regardless of whether any repairssuch lien is asserted against the interest of Lessor or Lessee, installations Lessee shall cause the same to be discharged of record or improvementbonded to the satisfaction of Lessor within thirty (30) days of notice of such lien. If Lessee shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, made then, in addition to being an Event of Default and any other right or remedy of Lessor, Lessor may bond or discharge the same by Tenant. Except as may paying the amount claimed to be expressly provided due, and the amount so paid by Lessor, including reasonable attorneys’ fees incurred by Lessor either in this Leasedefending against such lien or in procuring the bonding or discharge of such lien, nothing in this Article 5 together with interest thereon at the Default Rate, shall be construed due and payable by Lessee to permit Tenant to place any materials upon the Leased Premises or cause any labor or constructionLessor as Additional Rent. THE PREMISES AND INTEREST OF LESSOR IN THE PREMISES IS NOT SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, and from time to time, to post and maintain on the Leased Premises such notices as Landlord deems necessary to protect the Leased Premises and Landlord, from all liens of any nature whatsoeverOR FOR THE ACCOUNT OF LESSEE.

Appears in 1 contract

Sources: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)