Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 8 contracts
Sources: Office Lease (ESSA Pharma Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.), Office Lease (Satsuma Pharmaceuticals, Inc.)
Mechanic’s Liens. The Tenant will not permit, during the term hereby granted, any mechanic's or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to attach to or affect the Premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the Property Premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any mechanic’ssuch work, materialman’slabor 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 which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed in and constituting part leasehold estate of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may upon the land or building of which they are a part or the improvements now erected or hereafter to be necessary under applicable Laws)erected upon the Premises or the land, in order to afford Landlord or building of which the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordPremises are a part; and if any such mechanic's or other lien or order shall be filed against the Premises or the land or building of which the Premises are a part, the Tenant shall, within sixty (60) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within sixty (60) days after the filing thereof, the Landlord may may, after five (5) days' notice to Tenant, pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or by bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all reasonable attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to additional rent. Any reasonable expenses incurred by the Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s connection with the examination of title to the Property or Premises in order to ascertain the existence of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon and the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request discharge of Landlord record thereof, shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in payable by the Premises and shall in all respects be subordinate to Landlord’s title Tenant to the Property and PremisesLandlord on demand, together with interest as aforesaid as additional rent.
Appears in 3 contracts
Sources: Lease Agreement (Getty Images Inc), Lease Agreement (Getty Images Inc), Lease Agreement (Getty Images Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same any work performed, materials furnished, or in connection with any such lienobligations incurred by or for Tenant. Upon request by Landlord, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty promptly (20but in no event later than five (5) business days prior to the commencement of work on any Tenant’s Change in the Premises (or following such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove request) cause any such lien to be released by posting a bond in accordance with California Civil Code Section 3143 or encumbrance by bond or otherwise any successor statute. In the event that Tenant shall not, within thirty (30) days after written notice following the imposition of any lien, cause the lien to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other available remedies, the right to cause the lien to be released by any means it deems proper, including payment of or defense against the claim giving rise to the lien. All expenses so incurred by Landlord; , including Landlord’s attorneys’ fees, and if Tenant shall fail to do soany consequential or other damages incurred by Landlord arising out of such lien, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable reimbursed by Tenant upon demand, without limitation together with interest from the date of payment by Landlord at the maximum rate permitted by law until paid. Tenant shall give Landlord no less than twenty (20) days’ prior notice in writing before commencing construction of any kind on the Premises or Common Area and shall again notify Landlord that construction has commenced, such notice to be given on the actual date on which construction commences, so that Landlord may post and maintain notices of nonresponsibility on the Premises or Common Area, as applicable, which notices Landlord shall have the right to other remedies available to post and which Tenant agrees it shall not disturb. Tenant shall also provide Landlord under notice in writing within ten (10) days following the date on which such work is substantially completed. The provisions of this Section shall expressly survive the expiration or sooner termination of this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 3 contracts
Sources: Lease Agreement (Bakbone Software Inc), Lease Agreement (Phage Biotechnology CORP), Lease (4-D Neuroimaging)
Mechanic’s Liens. Tenant will not permit, during the term hereby granted, any mechanic’s or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to, attach to or affect the demised premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Owner herein, or the building. The Tenant’s obligation to keep the Property demised premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Owner to the furnishing of any mechanic’ssuch work, materialman’slabor 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 which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed leasehold estate of the Owner in and constituting the demised premises or upon the land or building of which they are a part of the Premisesimprovements now erected or hereafter to be erected upon the demised premises or the land or building of which the demised premises are a part; and if any such mechanic’s or other lien or order shall be filed against the demised premises or the land or building of which the demised premises are a part, the Tenant shall, within thirty (30) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in connection with any Tenant’s Changes on or respecting a proper proceeding according to law. If the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfail to take such action, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any not cause such lien or encumbrance by bond or otherwise order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, Landlord the Owner may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Owner, including all reasonable attorney’s fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.
Appears in 3 contracts
Sources: Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer any mechanic’s’s lien to be filed against the Premises by reason of work, materialman’slabor, services or similar liens materials performed or other such encumbrances, including the liens of any security interest in, conditional sales of, furnished to Tenant or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of anyone holding the Premises, in connection with or any part hereof, through or under Tenant. If any mechanic’s lien or any notice of intention to file a mechanic’s lien shall at any time be filed against the Premises, Tenant shall at Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifycost, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs within fourteen (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3014) days after written knowledge or notice of the filing of any mechanic’s lien, cause the same to be removed or discharged of record by Landlord; and if payment, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to do soremove or discharge any mechanic’s lien or any notice of intention to file a mechanic’s lien within the prescribed time, then in addition to any other right or remedy of Landlord, Landlord may pay may, at its option, procure the removal or discharge of the same by payment or bond or otherwise. Any amount necessary to remove paid by Landlord for such purpose, together with all legal and other expenses of Landlord in procuring the removal or discharge or such lien or encumbrancenotice of intention and together with interest thereon at the highest permissible rate, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease and become due and payable upon by Tenant to Landlord as additional rent, and in the event of Tenant’s failure to pay therefor within fifteen (15) days after demand, without limitation as the same shall be added to other remedies available to Landlord under this Leaseand be due and payable with the next month’s rent. Nothing contained in this Lease shall authorize Tenant be construed as consent on the part of Landlord to do any act which shall subject Landlord’s title to estate in the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises liability arising in connection with any Work on or respecting the Premises not performed by or at the request out of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in use or occupancy of the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisespremises.
Appears in 3 contracts
Sources: Merger Agreement (Harris Corp /De/), Merger Agreement (Stratex Networks Inc), Lease Agreement (Harris Stratex Networks, Inc.)
Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefore without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 3 contracts
Sources: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including reasonable attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by LandlordLandlord or at the conclusion of any contested matter not resolved in Tenant’s favor; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 2 contracts
Sources: Commercial Sublease Agreement (Sunesis Pharmaceuticals Inc), Commercial Sublease Agreement (Sunesis Pharmaceuticals Inc)
Mechanic’s Liens. If Tenant makes any alterations or improvements in the Premises, Tenant shall keep pay for same when made. Nothing in the Property and Premises free from Lease shall be construed to authorize Tenant or any mechanic’sperson dealing with or under Tenant, materialman’sto charge the Rents, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofPremises, or chattel mortgages upon, the interest of Landlord in the Premises or any materials, fixtures, person under or articles so installed through whom Landlord has acquired its interest in and constituting part the estate of the Premises, with a mechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in connection with the making of any Tenant’s Changes on such alterations or respecting improvements to the Premises, but, to the contrary, the right or power to charge any lien, claim or encumbrance of any kind against the Rent or the Premises is denied. Landlord shall have the right, but not performed the obligation, to notify all persons or entities supplying labor or materials for Tenant to the Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Premises is not subject to impression of a lien with respect thereto. So long as the laws of the State in which the Premises is located 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 at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against materialmen's lien is threatened by any claims, liabilities, judgementscontractor, or costs (including attorneys’ fees) arising out in the event of the same or in connection with filing of a notice of any such lien, security interestTenant shall promptly pay same and take steps immediately to have the same removed. If the same is not removed within ten (10) days from the date of written notice from Landlord, conditional sale or chattel mortgage Landlord shall have the right, at Landlord's option, of paying the same or any action portion thereof and the amounts so paid, including attorneys' fees and expenses associated therewith and interest at the Default Rate on any sums and expenses paid or proceeding brought thereonadvanced from the date of expenditure by Landlord until the date of reimbursement by Tenant, 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 ▇▇▇▇ for same. Tenant shall give indemnify and save harmless Landlord written notice at least twenty (20) days prior to the commencement from and against all losses, claims, damages, costs and expenses suffered by Landlord by reason of work on any repairs, installations or improvements made by Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 2 contracts
Sources: Lease (American Barge Line Co), Security Side Letter Agreement (American Barge Line Co)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsjudgments, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 2 contracts
Sources: Office Lease (Loxo Oncology, Inc.), Office Lease (Envivio Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, 's or materialman’s's lien shall at any time be filed against the Demised Premises or any part thereof, or similar liens any encumbrance, charge, mortgage, title retention or other such encumbrancessecurity agreement be filed against the Demised Premises or any part thereof, including the liens by reason of any security interest inwork, conditional sales oflabor or services, or chattel mortgages uponmaterials or equipment furnished to or for Lessee, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee within thirty (30) days after written notice of the filing thereof, will cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to do socause any of the foregoing to be discharged within said period then, Landlord may in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same whether by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Lessor shall be entitled, if Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor, and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Lessor and all costs and expenses incurred by Lessor in connection therewith, together with interest thereon at the legal rate then obtaining from the respective dates of Lessor's making of the payment or incurring of the costs and expense, shall be deemed Additional Rent constitute additional rent payable by Lessee under this Lease payable upon and shall be paid to Lessor by Lessee on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained shall obligate Lessee to pay or discharge any lien created by Lessor. Nothing in this Lease shall authorize Tenant to do be deemed or construed in any act which shall subject Landlord’s title to way as constituting the Property consent or Premises to any liens or encumbrancesrequest of Lessor, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to a lien any contractor, subcontractor, laborer or encumbrance upon materialman for the Property performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises arising in connection with or any Work on part thereof, nor as giving Lessee any right, power or respecting authority to contract for or permit the Premises not performed by rendering of any services or at the request furnishing of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title any materials that would give rise to the Property and Premisesfiling of any lien against the Demised Premises or any part thereof.
Appears in 2 contracts
Sources: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)
Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 2 contracts
Sources: Office Lease Agreement (Graymark Healthcare, Inc.), Industrial Building Lease (Amedica Corp)
Mechanic’s Liens. Section 11.1 Tenant shall keep the Property and Premises free from not suffer nor permit any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrances------------ liens to be filed against the Building, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, or against Tenant's leasehold interest in connection with any Tenant’s Changes on or respecting the Premises not performed by reason of work, labor, services or materials supplied or claimed to have been supplied to the Tenant or anyone holding the Premises or any part thereof through or under the Tenant. The Landlord shall have the right at all times to post any notice which the request Landlord may deem to be necessary or advisable for the protection of the Landlord and the Building from mechanics' liens. If a mechanics' lien shall indemnifybe filed against the Premises, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least discharge it within twenty (20) days prior after the filing date, except that if Tenant desires to the commencement of work on any Tenant’s Change in the Premises (or contest such additional time lien, it will comply with such statutory procedures as may be necessary under applicable Laws), in order available to afford Landlord release the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty twenty (3020) days after written notice by Landlord; filing date. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and if satisfy the same at once. If Tenant shall fail fails to do sopay and charge for which a mechanics' lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, then, in addition to any other rights or remedies available, Landlord may pay may, but shall not be obligated to, discharge the amount necessary claimed to remove such be due or cause the lien or encumbranceto be released in any other manner. Any amount paid by Landlord with respect thereto, without being responsible for investigating and all attorneys' fees and costs of the validity thereof. The amount so Landlord, with interest at the rate of one and one half percent (1.5%) per month, shall upon demand be paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize by the Tenant to do any act which shall subject the Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 2 contracts
Sources: Industrial Lease (Nicklebys Com Inc), Industrial Lease (Nicklebys Com Inc)
Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant's sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’sliens arising out of work performed, materialman’smaterials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or similar liens other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or other creditor of Tenant will upon its face or by exhibit thereto indicate that such encumbrancesFinancing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. In connection with any improvements made by the Tenant to the Premises: (a) Tenant shall not allow any Notice of Commencement to be filed pursuant to Section 713.13, Florida Statutes, 2006, unless the form and content thereof (including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part description of the Premises, ) is approved in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice writing by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable (b) upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord Landlord, any liens filed shall be null and voidtransferred promptly by Tenant at its expense to bond or other security pursuant to Section 713.24, orFlorida Statutes, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises2006.
Appears in 2 contracts
Sources: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)
Mechanic’s Liens. (a) Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from or any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesProject any mechanic's, in connection with any Tenant’s Changes on materialman's, contractor's or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) subcontractor's lien arising out of the same or in connection with any such lienwork of improvement, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. however it may arise.
(b) Tenant shall give notify Landlord written notice at least twenty ten (2010) days prior to the commencement of work on construction of any Tenant’s Change 's Work and Landlord shall have the right to post and record a notice of nonresponsibility in the Premises conformity with applicable law. Within ten (or such additional time as may be necessary under applicable Laws)10) days following completion of Tenant's Work, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove file a Notice of Completion and deliver to Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any such lien is filed against the Project or encumbrance by bond any portion thereof or otherwise against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof. In the event Tenant shall fail fails to do so, Landlord may pay obtain the amount necessary to remove such release and/or discharge of said lien or encumbranceand Tenant shall indemnify Landlord for the costs thereof, without being responsible for investigating including reasonable attorney's fees, together with interest at the Applicable Interest Rate from the date of demand. Nothing herein shall prohibit Tenant from contesting the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandof any such asserted claim, without limitation as to other remedies available provided Tenant has furnished to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting release bond freeing the Premises not performed by or at from the request effect of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslien claim.
Appears in 2 contracts
Sources: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
Mechanic’s Liens. Tenant shall keep the Property promptly pay any contractors and Premises free from any mechanic’smaterialmen who supply labor, materialman’s, work or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting materials to Tenant at the Premises not performed by or at the request Building so as to minimize the possibility of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, a lien attaching to the Premises or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonBuilding. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), take all steps permitted by law in order to afford Landlord avoid the opportunity imposition of posting and recording appropriate notices of nonresponsibilityany mechanic's, laborer's or materialman's lien upon the Premises or the Building. Tenant shall remove Should any such lien or encumbrance notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise within thirty fifteen (3015) days after written the filing thereof or after Tenant's receipt of notice by Landlord; and if thereof, whichever is earlier, regardless of the validity of such lien or claim. If Tenant shall fail to do socause such lien or claim to be discharged and removed from record within such fifteen (15) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without being responsible for investigating limitation, attorneys' fees incurred by Landlord in connection therewith, together with Interest from the validity thereof. The amount so paid respective dates of Landlord's making such payment or incurring such cost or expense, which shall be deemed constitute Additional Rent payable under this Lease payable promptly upon demand, without limitation as to other remedies available to Landlord under this Leasedemand therefor. Nothing contained in this Lease shall is intended to authorize Tenant to do or cause any act which shall subject work or labor to be done or any materials to be supplied for the account of Landlord’s title , all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the Property contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Building or any interest therein or income therefrom on account of any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person entitled to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesmechanic's lien.
Appears in 2 contracts
Sources: Sub Lease Agreement (United Bancshares Inc /Pa), Sub Lease Agreement (United Bancshares Inc /Pa)
Mechanic’s Liens. Section 11.1 Tenant shall keep the Property and Premises free from not suffer nor permit any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrancesliens to be filed against the Building, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's leasehold interest in the Premises and shall in all respects be subordinate by reason of work, labor, services or materials supplied or claimed to Landlord’s title have been supplied to the Property Tenant or anyone holding the Premises or any part thereof through or under the Tenant The Landlord shall have the right at all times to post any notice which the Landlord may deem to be necessary or advisable for the protection of the Landlord and the Building from mechanics' liens. If a mechanics' lien shall be filed against the Premises, Tenant shall discharge it within sixty (60) days after the filing date, except that if Tenant desires to contest such lien, it will comply with such statutory procedures as may be available to release the lien within sixty (60) days after filing date. If a final judgement establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay and charge for which a mechanics' lien has been filed, or has not complied with such statutory procedures as may be available to release the lien, then, in addition to any other rights or remedies available, Landlord may, but shall not be obligated to, discharge the amount claimed to be due or cause the lien to be released in any other manner. Any amount paid by Landlord with respect thereto, and all attorneys' fees and costs of the Landlord, with interest at the rate of one and one half percent (1.5%) per month, shall upon demand be paid by the Tenant to the Landlord.
Appears in 2 contracts
Sources: Office Warehouse Premises Lease (Lifeloc Technologies Inc), Office Warehouse Premises Lease (Lifeloc Technologies Inc)
Mechanic’s Liens. If Tenant performs or orders (other than through Landlord or Landlord’s contractors) any construction or other work on or about the Leased Space for which a lien could be filed against the Leased Space or the Building, Tenant shall keep obtain from the Property contractor who performs such work a release of any liens which could be filed under the Mechanics’ Lien Law of the Commonwealth of Pennsylvania for such work which has been completed and Premises free paid for by Tenant, at the time of payment, and obtain similar releases from all subcontractors, sub-subcontractors and material suppliers. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including lien shall be filed against the liens of any security interest in, conditional sales of, Leased Space or chattel mortgages upon, any materials, fixtures, the Building purporting to be for labor or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on material furnished or respecting the Premises not performed by or to be furnished at the request of the Tenant other than through Landlord and or Landlord’s contractors, then Tenant shall indemnifyat its expense cause such lien to be discharged of record by payment, defendbond or otherwise, protectwithin fifteen (15) days after Tenant receives notice of the filing thereof. If Tenant shall fail to cause such lien to be discharged by payment, bond or otherwise within such period, Landlord may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and hold Tenant shall, upon demand, reimburse Landlord harmless from for all amounts paid and against any claimscosts incurred, liabilities, judgements, or costs (including attorneys’ fees, in having such lien discharged of record. If, however, Tenant notifies Landlord during such fifteen (15) arising out day period that it disputes the validity of the same or such lien and provides security reasonably acceptable to Landlord in connection with any an amount which is sufficient to discharge such lienlien in full, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant Landlord shall give Landlord written notice at least refrain from satisfying such lien for a period not to exceed one hundred twenty (20120) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdays.
Appears in 2 contracts
Sources: Lease Agreement (Viropharma Inc), Lease Agreement (Viropharma Inc)
Mechanic’s Liens. Tenant You (the Tenant) shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind the interests of Landlord in the Premises or other such encumbrancesto charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLandlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord's estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any Tenant’s Changes work performed on or respecting the Premises not performed by on which any lien is or at can be validly and legally asserted against its leasehold interest in the request of Landlord Premises or the improvements thereon and shall indemnify, defend, protect, that you will save and hold Landlord harmless from any and against any claimsall loss, liabilities, judgements, cost or costs (including attorneys’ fees) expense based on or arising out of asserted claims or liens against the same leasehold estate or in connection with any such lienagainst the right, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give title and interest of the Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order the terms of this Lease. You agree to afford give Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove immediate written notice if any such lien or encumbrance by bond is placed on the Premises.
(i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or otherwise within thirty materials to the Premises that would or may result in any mechanic's or materialman's lien attaching to Landlord's interest in the Premises;
(30ii) days after written notice by LandlordYou are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or reconstruction; and if Tenant shall fail to do so(iii) except as expressly provided herein, Landlord may pay has retained no control over the amount necessary manner in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to remove such lien make or encumbrance, without being be responsible for investigating any payment to or for the validity thereofbenefit of any person furnishing labor or materials in connection therewith. The amount so paid No one furnishing labor or materials to or for your account shall be deemed Additional Rent under this Lease payable upon demand, without limitation as entitled to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do claim any act which shall subject Landlord’s title to lien against the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and such entities shall look solely to you and your leasehold interest under this Lease for the satisfaction of any such claims. You shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed by you in all respects be subordinate the Premises. If any such taxes for which you are liable are levied or assessed against Landlord or Landlord's property and if Landlord elects to pay the same or if the assessed value of Landlord’s title 's property is increased by inclusion of personal property, furniture or fixtures placed by you in the Premises, and Landlord elects to pay the Property and Premisestaxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.
Appears in 2 contracts
Sources: Industrial Lease (DHB Industries Inc), Lease Agreement (Tradestation Group Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of a Subtenant’s Representative shall be deemed authorized and ordered by Subtenant only, and Subtenant shall not permit any mechanic’s liens to be filed against the Premises or the Land in connection therewith. Upon completion of any such work, Subtenant shall deliver to Sublandlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Subtenant shall, within ten (10) days after such filing (or such earlier time period as may be necessary to prevent the forfeiture of the Premises or any interest of Landlord or Sublandlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Sublandlord a bond or other security reasonably satisfactory to Sublandlord. If Subtenant fails to timely take either such action, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall indemnify, be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall defend, protect, indemnify and hold Landlord harmless Sublandlord and Sublandlord’s Representatives from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Subtenant’s Representative to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Subtenant’s Representative. This indemnity provision shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.
Appears in 2 contracts
Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22 hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 2 contracts
Sources: Joint Venture Contribution and Formation Agreement (SEACOR Marine Holdings Inc.), Office Lease (Wageworks, Inc.)
Mechanic’s Liens. Tenant Seller covenants that, at Closing, there shall keep be no mechanics liens which shall affect the Property Property. In the event there shall be such mechanic's liens, Purchaser and Premises free Seller shall have such rights and obligations as are stated in Section 6 of this Agreement.
(A) This Agreement may be terminated:
(i) By Purchaser pursuant to any right of termination specifically set forth in this Agreement;
(ii) By written agreement of Seller and Purchaser; or
(iii) By Seller if Closing does not occur by the Closing Date for any reason other than the non-fulfillment of a Purchaser Condition or a Seller Default (as defined below).
(iv) By Purchaser if Closing does not occur by the Closing Date for any reason other than the non-fulfillment of a Seller Condition or a Purchaser Default (as defined below),
(B) If (a) Seller fails in any respect to comply with, fulfill or perform any covenant, term or condition to be complied with, fulfilled or performed by it under this Agreement, and does not cure such failure within ten (1.0) days after receipt of notice thereof from any mechanic’s, materialman’sPurchaser to Seller, or similar liens (b) Seller fails or refuses to consummate the Transaction in accordance with the terms and conditions of this Agreement, other than by reason of non-fulfillment of any Seller Condition (any such encumbrancesevent being in subparts (a) or (b) being referred to herein as a "Seller Default"), or (c) any Purchaser Condition is not either fulfilled within the period specified herein or waived by Purchaser, then, and in any such event, Purchaser shall have the right, at its election, and in addition to any other rights and remedies it may have under this Section, to terminate this Agreement in its entirety, by notice to Seller, in which event all liabilities and obligations of the parties hereunder, except as otherwise expressly provided herein and for Seller's liability for damages for a Seller Default, shall cease.
(C) If (a) Purchaser fails in any respect to comply with, fulfill or perform any covenant, term or condition to be complied with, fulfilled or performed by it under this Agreement, and does not cure such failure within ten (10) days after receipt of notice thereof from Seller to Purchaser, or (b) Purchaser fails or refuses to consummate the Transaction in accordance with the terms and conditions of this Agreement, other than by reason of non-fulfillment of any Purchaser Condition (any such event in subparts (a) or (b) being herein referred to as a "Purchaser Default"), or (c) any Seller Condition is not satisfied on the Closing Date or waived by Seller, then, and in any such event, Seller shall have the right to terminate this Agreement by notice to Purchaser and retain the ▇▇▇▇▇▇▇ Money, in which event all liabilities and obligations of the parties hereunder, except as otherwise expressly provided herein, shall cease.
(D) The parties acknowledge that the Facility is of a special, unique and extraordinary character, and that damages alone are an inadequate remedy for a breach of this Agreement by either party. Accordingly, Purchaser shall be entitled, in the event of a Seller Default, to enforcement of this Agreement by a decree of specific performance or injunctive relief requiring Seller to fulfill its obligations under this Agreement.
(E) If Purchaser is able and ready to close but the Closing does not occur as a result of a Seller's Default, or if this Agreement is terminated as provided in Section 17 A(iv), then if requested by Purchaser, Seller shall promptly cause Escrow Agent to refund the ▇▇▇▇▇▇▇ Money to Purchaser. Purchaser may in the alternative in its sole discretion, waive the Seller Default and pursue an action for specific enforcement or damages against Seller. If Seller is able and ready to close and the Closing does not occur as a result of a Purchaser Default, or if this Agreement is terminated as provided in Section 17 a(iii), then Purchaser shall promptly cause Escrow Agent to pay the ▇▇▇▇▇▇▇ Money to Seller. Upon payment of the ▇▇▇▇▇▇▇ Money, this Agreement shall be deemed terminated and of no further force or effect, and no Purchaser indemnified Party shall have any further duty or liability to Seller or any Seller Indemnified Party. Except as limited by the foregoing paragraph, upon termination of this Agreement each party shall thereafter remain liable for breach of this Agreement prior to such termination. If this Agreement is terminated without any breach by either party hereto, including a termination under Section 6, then the liens Deposit shall be disposed of any security interest inas in the case of a Seller's Default, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part each of the Premises, parties shall be liable and responsible for any costs incurred by such party in connection with any Tenant’s Changes on or respecting the Premises not performed Transaction contemplated by or at the request of Landlord and shall indemnifythis Agreement, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time except only as may otherwise specifically be necessary under applicable Laws), in order provided herein.
(F) Each notice given by a party to afford Landlord the opportunity terminate this Agreement shall specify which subsection of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any this Section 17 pursuant to which such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesis given.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement (Global Healthcare Reit, Inc.)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s’s lien to be filed against the interest of Landlord or Tenant in the Demised Premises or Tenant Improvements by reason of work, materialman’slabor, services or materials supplied or claimed to have been supplied to Tenant, the Demised Premises, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales ofTenant Improvements, or chattel mortgages uponany part thereof, any materialsand agrees to exonerate, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnifyprotect, defend, protect, indemnify and hold save harmless Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien. If any such mechanic’s lien shall be filed at any time, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and of the filing thereof cause the same to be discharged of record, provided, if Tenant shall fail promptly bond such lien with a responsible surety company, Tenant may contest the amount or validity, in whole or in part, of any such lien by appropriate proceedings, diligently prosecuted, and such contest shall defer for its duration Tenant’s duty hereunder to do sodischarge the same. Upon request by Tenant, Landlord may pay the amount necessary shall execute and deliver any and all such documents or instruments, and, subject to remove approval of Landlord’s counsel, shall take any and all such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid other action as shall be deemed Additional Rent under this Lease payable upon demand, without limitation as necessary or proper to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize permit Tenant to do any act which shall subject bring such proceedings in Tenant’s or Landlord’s title name, or in the names of both of them, or otherwise to facilitate the Property conduct of such proceedings by Tenant. Tenant covenants to exonerate, protect, defend, indemnify and save harmless Landlord from any liability for the payment of any costs or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising expenses in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch proceedings.
Appears in 2 contracts
Sources: Ground Lease Agreement, Ground Lease Agreement
Mechanic’s Liens. Landlord and Tenant shall keep covenant to each other that they will not permit any lien to be filed against the Property and Premises free from any mechanic’s, materialman’sor the Shopping Center as a result of nonpayment for, or similar liens disputes with respect to, labor or other such encumbrancesmaterials furnished to the Premises or the Shopping Center as a result of nonpayment for, or disputes with respect to, labor or materials furnished to the Premises or the Shopping Center for or on behalf of Tenant, Landlord or any party claiming by, through, or under Tenant or Landlord, nor shall either party permit any judgment, lien or attachment to lie, as applicable, against the Premises or the Shopping Center. Should any lien of any nature, including but not limited to the liens of any security interest inforegoing, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting be filed against the Premises not performed by or at Shopping Center, the request party on account of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any whose actions such lien or encumbrance by bond or otherwise has been filed shall, within thirty (30) days after receipt of written notice of such lien, cause said lien to be removed, or otherwise protected against execution during good faith contest by Landlord; (i) posting a bond therefor, (ii) escrowing adequate funds to cover the claim and if related transaction costs or (iii) taking such other action as may be permissible under applicable title insurance regulations and reasonably acceptable to the other party hereto. Furthermore, to the extent Landlord or Tenant shall fail is unable to do soobtain owner's or leasehold title insurance, Landlord as the case may pay the amount necessary to remove such lien be, or encumbrancean endorsement thereto, without being responsible for investigating mechanic's liens shown on "Schedule B" therein, due to a mechanic's lien attributable to work of Landlord or Tenant, such party shall provide the validity thereofnecessary indemnity to the title company to allow the party seeking the insurance to obtain such insurance without the mechanic's liens listed as an exception to title. The amount so paid Notwithstanding the foregoing, Landlord's obligations under the preceding two sentences shall be deemed Additional Rent under this Lease payable upon demand, without limitation as only apply to other remedies available liens filed that have a priority of record to Landlord under this Lease. Nothing contained in this Lease Furthermore, Landlord and Tenant shall authorize Tenant to do any act which shall subject Landlord’s title indemnify, defend (with counsel reasonably acceptable to the Property party being defended) and hold harmless, the other party hereto against all claims, costs, liability, or Premises to any liens or encumbrances, whether claimed expense resulting from the breach by operation such indemnifying party of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits obligations under this paragraph 13.
Appears in 2 contracts
Sources: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit any mechanic’s’s liens, materialman’s, or similar materialmen’s liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting to be placed upon the Premises not or the Complex for any work performed by or at the request of Landlord and shall indemnifyTenant, defendor any assignee, protectsublessee or licensee of Tenant, and hold Landlord harmless from and against nothing in this Lease shall be deemed or construed in any claimsway as constituting the consent or request of Landlord, liabilitiesexpress or implied, judgementsby inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the same furnishing of any materials that would give rise to any mechanic’s or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in other liens against the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityComplex. Tenant shall remove In the event any such lien is attached to the Premises or encumbrance the Complex and not discharged by bond payment, bonding or otherwise within thirty (30) days after receipt of written notice by from Landlord; and if Tenant shall fail , then, in addition to do soany other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating the validity thereof. The amount so paid aforesaid purpose shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Leaseon demand as additional Rent and shall bear interest at the Default Rate from the date paid by Landlord until reimbursed by Tenant. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject will, upon Landlord’s title to written request, post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. To the Property or Premises to any liens or encumbrancesfullest extent allowable under the Laws, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon Tenant releases and will indemnify and hold harmless the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null Related Parties and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesthe Complex from and against any Claims (including reasonable attorneys’ fees and costs) in any manner directly relating to or directly arising out of the Tenant Improvements, Alterations, or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (FSP 50 South Tenth Street Corp)
Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Landlord, its partners, affiliates or Premises arising in connection employees against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22 hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 2 contracts
Sources: Office Lease Agreement (Mammoth Energy Services, Inc.), Office Lease Agreement (Diamondback Energy, Inc.)
Mechanic’s Liens. Tenant shall will pay when due all costs for work performed and materials supplied to the Premises. Tenant will keep Landlord, the Property Premises and Premises the Building free from all liens, stop notices and violation notices relating to the Alterations or any mechanic’sother work performed for, materialman’smaterials furnished to or obligations incurred by Tenant. Tenant will indemnify, or similar liens or other such encumbrancesdefend and hold harmless Landlord, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at and the request Building of Landlord and shall indemnifyfrom any and all loss, defendcost, protectdamage, liability and hold Landlord harmless from and against any claimsexpense, liabilities, judgements, or costs (including attorneys’ fees) , arising out of the same or in connection with related to any such lien, security interest, conditional sale liens or chattel mortgage or any action or proceeding brought thereonnotices. Tenant shall will give Landlord not less than seven (7) business days prior written notice before commencing any Alterations in or about the Premises to permit Landlord to post appropriate notices of non-responsibility. Tenant will also secure, prior to commencing any Alterations, at least Tenant’s expense, a completion and lien indemnity bond satisfactory to Landlord. During the progress of the Alterations, Tenant will, upon Landlord’s request, furnish Landlord with sworn contractor’s statements and lien waivers covering the Alterations. Tenant will satisfy or otherwise discharge all liens, stop notices or other claims or encumbrances within twenty (20) days prior to the commencement of work on any Tenant’s Change after Landlord notifies Tenant in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove writing that any such lien lien, stop notice, claim or encumbrance by bond has been filed. If Tenant fails to pay and remove such lien, claim or otherwise encumbrance within thirty the twenty (3020) days after written notice day period, Landlord, at its election, may pay and satisfy it and the sums so paid by Landlord; and if Tenant shall fail to do so, Landlord may pay with interest from the amount necessary to remove such lien or encumbrancedate of payment at the Interest Rate, without being responsible for investigating the validity thereof. The amount so paid shall will be deemed to be Additional Rent under this Lease due and payable upon by Tenant without notice or demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. 6.3.1. Without limiting the generality of the foregoing provisions of this section, the Tenant shall keep the Property not create or permit to be created, and Premises free from any mechanic’s, materialman’s, if created shall discharge or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages uponhave released, any materials, fixtures, mechanics' or articles so installed materialmens' lien arising while this Lease is in effect and constituting part affecting any or all of the Premises, the Building and/or the Property, and the Tenant shall not permit any other matter or thing whereby the Landlord's estate, right and interest in connection with any Tenant’s Changes on or respecting all of the Premises not performed by or at Premises, the request of Landlord and Building and/or the Property might be impaired. The Tenant shall indemnify, defend, protect, indemnify and hold harmless the Landlord harmless against and from any and against any claimsall liability, liabilities, judgements, claim of liability or costs expense (including but not limited to that of reasonable attorneys’ ' fees) arising out incurred by the Landlord on account of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise claim.
6.3.2. If the Tenant fails to discharge any such lien within thirty fifteen (3015) days after written notice it first becomes effective against any of the Premises, the Building and/or the Property, then, in addition to any other right or remedy held by Landlord; and if Tenant shall fail to do sothe Landlord on account thereof, the Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount necessary of any judgment in favor of the lienor with interest, costs and allowances. The Tenant shall reimburse the Landlord for any amount paid by the Landlord to remove discharge any such lien and all expenses incurred by the Landlord in connection therewith, together with interest thereon at the rate of twenty percent (20%) per annum from the respective dates of the Landlord's making such payments or encumbrance, without being responsible for investigating the validity thereof. The amount so paid incurring such expenses (all of which shall be deemed constitute Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this LeaseRent).
6.3.3. Nothing contained in this Lease shall authorize be deemed in any way (a) to constitute the Landlord's consent or request, express or implied, that any contractor, subcontractor, laborer or materialmen provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Premises, the Building and/or the Property, or (b) to give the Tenant any right, power or authority to do contact for or permit to be furnished any act which shall subject Landlord’s title service or materials, if doing so would give rise to the filing of any mechanics' or materialmens' lien against any or all of the Premises, the Building and/or the Property, or the Landlord's estate or interest therein, or (c) to evidence the Landlord's consent that the Premises, the Building and/or the Property or Premises be subjected to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch lien.
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Mechanic’s Liens. Section 17.01. If, subject to and notwithstanding Landlord's consent to the extent required under this Lease, Tenant shall keep the Property and Premises free from cause any mechanic’schanges, materialman’salterations, additions, improvements, installations or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by repairs to be made to or at the request Demised Premises or shall cause any labor to be performed or material to be furnished in connection therewith, neither Landlord nor the Demised Premises, under any circumstances, shall be liable for the payment of Landlord and shall indemnify, defend, protectany expense incurred or for the value of any work done or material furnished (unless otherwise expressly provided elsewhere in this Lease), and hold Landlord harmless from all such changes, alterations, additions, improvements, installations and against any claimsrepairs and labor and material shall be made, liabilitiesfurnished and performed upon Tenant's credit alone and at Tenant's expense, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. and Tenant shall give Landlord written notice at least twenty (20) days prior be solely and wholly responsible to the commencement of work on any Tenant’s Change in the Premises (or contractors, laborers, and materialmen furnishing and performing such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting labor and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Leasematerial. Nothing contained in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to do any contractor, laborer or materialman to furnish or perform any such labor or material.
Section 17.02. If, because of any act which shall subject Landlord’s title to or omission (or alleged act or omission) of Tenant any mechanic's or other lien, charge or order for the Property or Premises to any liens or encumbrances, whether claimed by operation payment of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord money shall be null and voidfiled against the Demised Premises or the Building or Landlord's estate as tenant under any Superior Lease (whether or not such lien, orcharge or order is valid or enforceable as such), for work claimed to have been for, or materials furnished to, Tenant, Tenant, at Landlord’s optionTenant's expense, shall attach only cause it to be cancelled or discharged of record by bonding or otherwise within sixty (60) days after such filing, and Tenant shall indemnify Landlord against Tenant’s interest in the Premises and save Landlord harmless from and shall in pay all respects be subordinate to Landlord’s title to the Property reasonable costs, expenses, losses, fines and Premisespenalties, including, without limitation, reasonable attorneys' fees, resulting therefrom.
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Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant will not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the term hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filling of any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant will promptly pay same. Tenant If default in payment thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a ▇▇▇▇ therefore, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such ▇▇▇▇ shall constitute default under Item 20 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in and to the Premises. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and other a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord shall not be subject to liens for improvements made by Tenant to the Premises.
Appears in 1 contract
Sources: Lease Agreement (Unilens Vision Inc)
Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not ----------------- to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant will not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the term hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonTenant will promptly pay same. Tenant If default in payment thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a ▇▇▇▇ therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such ▇▇▇▇ shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null subject to liens for improvements made by Tenant in and void, or, at Landlord’s option, to the Premises. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and other a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord shall not be subject to liens for improvements made by Tenant to the Premises.
Appears in 1 contract
Sources: Lease (Virtual Mortgage Network Inc)
Mechanic’s Liens. Tenant The TENANT shall keep not create any lien or other encumbrance upon any interest of the Property and Premises free from LANDLORD or any ground or underlying lessor in any portion of the demised premises. If, because of any act or omission (or alleged act or omission) of the TENANT, any mechanic’s, materialman’s, or similar liens 's or other such encumbranceslien, including charge or order for the liens payment of money or other encumbrance shall be filed against the LANDLORD, and/or any security interest inground or underlying lessor, conditional sales ofand/or any mortgagee, or chattel mortgages upon, and/or any materials, fixtures, or articles so installed in and constituting part portion of the Premisesdemised premises (whether or not such lien, in connection with any Tenant’s Changes on charge, order or respecting encumbrance is valid or enforceable as such), the Premises not performed by TENANT shall, at its own cost and expense, cause the same to be discharged of record or at bonded within ten (10) days after notice to the request TENANT of Landlord the filing thereof; and the TENANT shall indemnifyindemnify and save harmless the LANDLORD, defend, protectall ground and underlying lessor(s), and hold Landlord harmless all mortgagees against and from and against any claimsall costs, liabilities, judgementssuits, penalties, claims and demands, including reasonable counsel fees and appellate counsel fees resulting therefrom. In the event the TENANT fails to comply with the foregoing provisions of this paragraph, the LANDLORD shall have the option of discharging or costs (including attorneys’ fees) arising out of the same or in connection with bonding any such lien, security interestcharge, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond payment or otherwise within thirty otherwise, and the TENANT agrees to reimburse the LANDLORD for all costs, expenses and other sums of money in connection therewith (30as Additional Rent) days after written notice by Landlord; and if Tenant shall fail with interest at the rate of eighteen percent (18%) per annum promptly upon demand. Pursuant to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid Florida law representation of this clause shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest stated in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesmemorandum of lease.
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Mechanic’s Liens. A. No mechanic’s or other lien (except for the leasehold mortgage lien of any Approved Mortgagee) shall be allowed against the Leased Premises as a result of ▇▇▇▇▇▇’s improvements or other work done by or on behalf of Tenant at or to the Leased Premises. Landlord shall have the right to record and post notices of non-responsibility in or on the Leased Premises.
B. Tenant shall keep promptly pay all persons furnishing labor, materials or services with respect to any work performed by Tenant on the Property and Premises free from Leased Premises. If any mechanic’s’s or other lien shall be filed against the Leased Premises by reason of work, materialman’slabor, services or materials performed or furnished, or similar liens alleged to have been performed or other such encumbrancesfurnished, including to or for the liens benefit of any security interest inTenant, conditional sales of, Tenant shall cause the same to be discharged of record or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of bonded to the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request satisfaction of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by subsequent to the filing and service thereof. If Tenant fails to discharge or bond any such lien, Landlord; and if Tenant shall fail , in addition to do soall other rights or remedies provided in this Lease, Landlord may pay the amount necessary to remove such bond said lien or encumbrance, claim (or pay off said lien or claim if it cannot with reasonable effort be bonded) without being responsible for investigating inquiring into the validity thereof. The amount , and all expenses incurred by Landlord in so discharging said lien, including reasonable attorneys’ fees, shall be paid by Tenant to Landlord as Additional Rent on ten (10) days’ demand, which demand shall be accompanied by reasonably detailed invoices evidencing the amounts so paid shall be deemed Additional Rent under this Lease payable upon demandby Landlord and all costs and expenses, without limitation as to other remedies available to including reasonable attorneys’ fees, incurred by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisestherewith.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. Tenant shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind the interest of Landlord in the Building, or other such encumbrancesto charge the rentals payable hereunder for any claim in favor of any person 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 liens of any security Leasehold interest ingranted to Tenant by this instrument. Tenant will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, conditional sales of, in or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to the Premises, and for all materials furnished for or in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of such work. Tenant will indemnify Landlord and shall indemnify, defend, protect, against and hold Landlord harmless from and against any all liabilities, liens, claims, liabilitiesand demands on account of such work. Notwithstanding any provision of this Lease relating to improvements, judgementsadditions, alterations, repairs, and/or reconstruction of or costs to the Premises, Landlord and Tenant hereby agree and confirm that (including attorneys’ feesa) arising out Landlord has not consented and will not consent to the furnishings of any labor or materials to the same or in connection with any such lien, security interest, conditional sale or chattel mortgage Premises that would or any action result in any mechanic’s or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior materialman’s lien attaching to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises, (b) Tenant is not the agent of Landlord for the purposes of any such improvements, additions, alterations, repair and/or reconstructions, and (c) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor and/or materials in connection therewith. No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any lien against the interest of Landlord in the Premises and such person(s) shall in all respects be subordinate look solely to Landlord’s title to Tenant and the Property and Premisesleasehold interest of Tenant under this Lease for satisfaction of any such claims.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall pay, before delinquency, all costs for work done or caused to be done by Tenant in the Leased Premises which could result in any lien or encumbrance on all or any part of Landlord's interest in the Building; shall keep the Property title to the Building free and Premises free from clear of any mechanic’slien or encumbrance in respect to such work; and shall indemnify and hold harmless Landlord against any claim, materialman’sloss, or similar liens cause of action, cost, demand, damages, judgment and legal or other such encumbrancesexpense (including without limitation attorneys' fees), including the liens whether in respect of any security interest inlien or otherwise, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same supply of material, services or in connection with labor for such work. Tenant shall immediately notify Landlord of any such lien, security interestclaim of lien or other action of which it has or reasonably should have knowledge and which affects the title to the Building, conditional sale and shall cause the same to be removed or chattel mortgage bonded over as authorized by law within five (5) days (or any such additional time as Landlord may consent to in writing). If Tenant fails to do so, Landlord may take such action or proceeding brought thereon. as Landlord deems necessary to remove the same, and the entire cost of that action shall be immediately due and payable by Tenant to Landlord as Additional Rent.
(b) Notwithstanding the foregoing, if Tenant shall give Landlord written notice at desire to contest any lien or claim of lien, it shall have the right to do so on the condition that Tenant shall furnish Landlord, within the time stated above for removal of such lien or claim of lien, security in an amount not less than that required by statute in a form reasonably acceptable to Landlord, plus estimated costs, and if final judgment establishing the validity or existence of a lien for any amount is established, Tenant shall immediately pay and satisfy the same.
(c) At least twenty (20) 10 days prior to the commencement of any work by Tenant on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)Leased Premises, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove provide Landlord with written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Colo. Rev. Stat. 38-22-105(2). During any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sowork, Landlord or its representatives shall have the right to enter and inspect the Leased Premises at reasonable times after notice as required by Section 12.1, and shall have the right to post and keep posted thereon notices such as those provided for by Colo. Rev. Stat. 38-22-105(2) and to take any further action which Landlord may pay deem to be proper for the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject protection of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Leased Premises.
Appears in 1 contract
Sources: Lease Agreement (Inflow Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Tenant shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be filed against the Premises, the Building or the Property in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Tenant obtains knowledge thereof (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, the Property or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (i) pay the amount of the lien and cause the lien to be released of record, or (ii) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including reasonable expenses and interest, shall indemnify, be paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefore together with interest at the Default Rate. Tenant shall defend, protect, indemnify and hold harmless the Landlord harmless Indemnified Parties from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance failure by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do pay for any act which shall subject Landlord’s title to the Property work performed, materials furnished, or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Tenant. This indemnity provision shall survive termination or expiration of this Lease. Landlord and Tenant acknowledge and agree that their relationship is and shall be null solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and voidany other persons now or hereafter contracting with Tenant, orany contractor or subcontractor of Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Building or the Property or Landlord’s option, shall attach only against Tenant’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisescost of such work.
Appears in 1 contract
Mechanic’s Liens. Tenant Lessee shall keep have no power to and shall not subject the Property and Premises free from or Lessor's interest in the Property to any mechanic’smechanics', laborer's, materialman’s, 's or similar other liens. If any mechanics' or other liens or other such encumbrances, including order for the liens payment of money shall be filed against the Property or any security interest in, conditional sales of, building or chattel mortgages upon, any materials, fixtures, improvement thereon by reason of or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for Lessee at the Property, or for or by reason of any change, alteration or addition or the cost or expense thereof or any contract relating thereto, Lessee shall cause the same or in connection with any such liento be cancelled and discharged of record, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise as allowed by law at the expense of Lessee, within thirty five (305) days after written notice demand therefor, and shall also defend on behalf of Lessor at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such liens, or orders, and Lessee will pay any damages and satisfy and discharge any judgement entered therein and save harmless Lessor from any claim or damage resulting therefrom. Lessee's failure to comply with this Section shall give Lessor the right to avail itself of the remedies provided to it by Landlord; and if Tenant shall fail to do sothis lease, Landlord may pay upon the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon expiration of said demand, without limitation any additional or other notice. In order to comply with the provisions of Section 713.10, Florida Statutes, as presently in effect or as may hereafter be amended, it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including contractors, subcontractors, materialmen, mechanics and laborers shall have any right to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do file or place any act which shall subject Landlord’s title to the Property mechanic's or Premises to materialmen's liens of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance kind whatsoever upon the Property nor upon any building or Premises arising in connection improvement thereon, and any such liens are hereby specifically prohibited. All such persons so dealing with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title Lessee must look solely to the Property credit and Premisesinterest of Lessee and not to Lessor's interest or assets.
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Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the same right, but not the obligation, to pay such claim or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by post a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail provide security to do so, Landlord may pay eliminate the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s a claim against title to the Property Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or Premises to any liens finance the acquisition of office equipment, furnishings, or encumbrances, whether claimed other personal property of a removable nature utilized by Tenant in the operation of law Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or express or implied contractby exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Premises. Any claim In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. Landlord hereby waives any statutory lien rights Landlord may have in and to Tenant’s Property, and agrees to execute any confirmation of such waiver required by any lender secured by a lien on, or encumbrance upon the Property any lessor of, any personal property included within Tenant’s Property, provided (i) such waiver is reasonably acceptable in form and substance to Landlord and (ii) nothing in this Section 15 shall in any way affect or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at limit Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate rights pursuant to Landlord’s title to the Property and PremisesSection 12 hereof.
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Mechanic’s Liens. Section 17.01. Subject to and notwithstanding Landlord's consent as required under this Lease, if Tenant shall keep the Property and Premises free from cause any mechanic’schanges, materialman’salterations, additions, improvements, installations or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by repairs to be made to or at the Demised Premises or shall cause any labor to be performed or material to be furnished in connection therewith, neither Landlord nor the Demised Premises, under any circumstances, shall be liable for the payment of any expense incurred or for the value of any work done or material furnished, and all such changes, alterations, additions, improvements, installations and repairs and labor and material shall be made, furnished and performed upon Tenant's credit alone and at Tenant's expense, and Tenant shall be solely and wholly responsible to contractors, laborers, and materialmen furnishing and performing such labor and material. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord and Landlord, express or implied, to any contractor, laborer or materialman to furnish or perform any such labor or material.
Section 17.02. If, because of any act or omission (or alleged act or omission) of Tenant any mechanic's or other lien, charge or order for the payment of money shall indemnify, defend, protect, and hold Landlord harmless from and be filed against the Demised Premises or the Building or Landlord's estate as tenant under any claims, liabilities, judgements, ground or costs underlying lease (including attorneys’ fees) arising out of the same whether or in connection with any not such lien, security interest, conditional sale charge or chattel mortgage order is valid or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time enforceable as may be necessary under applicable Lawssuch), in order for work claimed to afford Landlord the opportunity have been for, or materials furnished to, Tenant, Tenant, at Tenant's expense, shall cause it to be cancelled or discharged of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance record by bond bonding or otherwise within thirty (30) days after written notice by Landlord; such filing, and if Tenant shall fail to do soindemnify Landlord against and save Landlord harmless from and shall pay all reasonable costs, Landlord may pay the amount necessary to remove such lien or encumbranceexpenses, losses, fines and penalties, including, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandlimitation, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrancesreasonable attorneys' fees, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesresulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (TMP Worldwide Inc)
Mechanic’s Liens. (a) Tenant shall pay, before delinquency, all costs for work done or caused to be done by Tenant in the Leased Premises which could result in any lien or encumbrance on all or any part of Landlord's interest in the Building; shall keep the Property title to the Building free and Premises free from clear of any mechanic’slien or encumbrance in respect to such work; and shall indemnify and hold harmless Landlord against any claim, materialman’sloss, or similar liens cause of action, cost, demand, damages, judgment and legal or other such encumbrancesexpense (including without limitation attorneys' fees), including the liens whether in respect of any security interest inlien or otherwise, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same supply of material, services or in connection with labor for such work. Tenant shall immediately notify Landlord of any such lien, security interestclaim of lien or other action of which it has or reasonably should have knowledge and which affects the title to the Building, conditional sale and shall cause the same to be removed or chattel mortgage bonded over as authorized by law within five (5) days (or any such additional time as Landlord may consent to in writing). If Tenant fails to do so, Landlord may take such action or proceeding brought thereon. as Landlord deems necessary to remove the same, and the entire cost of that action shall be immediately due and payable by Tenant to Landlord as Additional Rent.
(b) Notwithstanding the foregoing, if Tenant shall give Landlord written notice at desire to contest any lien or claim of lien, it shall have the right to do so on the condition that Tenant shall furnish Landlord, within the time stated above for removal of such lien or claim of lien, security in an amount not less than that required by statute in a form reasonably acceptable to Landlord, plus estimated costs, and if final judgment establishing the validity or existence of a lien for any amount is established, Tenant shall immediately pay and satisfy the same.
(c) At least twenty (20) 10 days prior to the commencement of any work by Tenant on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)Leased Premises, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove provide Landlord with written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Cob. Rev. Stat. 38-22-105(2). During any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sowork, Landlord or its representatives shall have the right to enter and inspect the Leased Premises at reasonable times after notice as required by Section 12.1, and shall have the right to post and keep posted thereon notices such as those provided for by Cob. Rev. Stat. 38-22-105(2) and to take any further action which Landlord may pay deem to be proper for the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject protection of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Leased Premises.
Appears in 1 contract
Sources: Lease Agreement (Inflow Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Landlord and shall indemnifyTenant, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written notice by Landlord; and of filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with ▇▇▇▇▇▇▇▇'s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including reasonable attorney's fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.
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Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall keep be deemed to be for the Property immediate use and Premises free from any benefit of Landlord, nor shall Tenant be deemed to be the agent of Landlord in performing such work, so that no mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall be allowed against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of consent given by Landlord to Tenant to improve the Demised Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the Demised Premises. If any mechanic's or other lien shall at least twenty (20) days prior any time be filed against the Demised Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the commencement of work on any Demised Premises through or under Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise shall, within thirty (30) business days after written receiving notice by thereof, cause the same to be discharged of record or bonded to the satisfaction of Landlord; , at Tenant's sole cost and if expense. If Tenant shall fail to do socause such lien to be so discharged or bonded within such thirty (30)-day period, then, in addition to any other right or remedy of Landlord, Landlord may pay bond or discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord, including reasonable attorneys' fees, incurred by Landlord either in defending against such lien or encumbrancein procuring the bonding or discharge of such lien, without being responsible for investigating together with interest thereon at the validity thereof. The amount so paid Interest Rate shall be deemed due and payable by Tenant to Landlord as Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days after Tenant's receipt of notice thereof from Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Sources: Lease Agreement (Silver Diner Development Inc /Md/)
Mechanic’s Liens. (a) Tenant shall keep the Property will pay or cause to be paid all costs and Premises free from any mechanic’s, materialman’s, charges for work (i) done by Tenant or similar liens caused to be done by Tenant in or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ feesii) arising out of the same for all materials furnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord and the Premises free, clear and harmless of and from all mechanics' and/or materialmen's liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant, other than work performed by Landlord.
(b) If any such lien, security interestat any time, conditional sale or chattel mortgage is filed against the Premises or any action or proceeding brought thereon. part thereof, unless agreed to by Landlord in writing, Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; of the filing thereof, cause such lien to be bonded in accordance with applicable law, or provide security reasonably satisfactory to Landlord of at least 125% of the amount of the lien, plus estimated costs and if interest. If a final nonappealable judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same immediately upon demand. However, Tenant shall fail not be required to do sopay such lien and in such event shall have the right to contest the filing of the lien, and the validity and amount thereof in good faith and by appropriate proceedings, provided that the Premises have been released from the lien and such contest stays any execution against the Premises, and such contest is diligently pursued to completion.
(c) If Tenant fails to pay any charge for which a mechanics' and/or materialmen's lien has been filed as set forth in SECTION 3(b) of this Article above, or has not timely given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the Premises from the lien, Landlord may may, at its option, pay such charge and related costs, and the amount necessary so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this LeaseLandlord. Nothing contained in this Lease shall authorize Tenant will be deemed the consent or agreement of Landlord to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects to liability under any mechanics', materialmen's or other lien law. If Tenant receives written notice that a lien has been or is about to be subordinate to Landlord’s filed against the Premises, or that any action affecting title to the Property and PremisesPremises has been commenced on account of work done by or for materials furnished to or for Tenant, it will promptly provide Landlord with a copy of such notice.
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Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic's lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant's sole cost and shall otherwise keep the Property Premises and Premises the Project free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the same right, but not the obligation, to pay such claim or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by post a bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail provide security to do so, Landlord may pay eliminate the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s a claim against title to the Property Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or Premises to any liens finance the acquisition of office equipment, furnishings, or encumbrances, whether claimed other personal property of a removable nature utilized by Tenant in the operation of law Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or express or implied contractby exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Premises. Any claim In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. Landlord hereby waives any statutory lien rights Landlord may have in and to Tenant's Property, and agrees to execute any confirmation of such waiver required by any lender secured by a lien on, or encumbrance upon the Property or Premises arising any lessor of, any personal property included within Tenant's Property, provided (i) such waiver is reasonably acceptable in connection with any Work on or respecting the Premises not performed by or at the request of form and substance to Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest (ii) nothing in the Premises and this Section 15 shall in all respects be subordinate any way affect or limit Landlord's rights pursuant to Landlord’s title to the Property and PremisesSection 12 hereof.
Appears in 1 contract
Mechanic’s Liens. Nothing in this Lease shall be deemed or construed as constituting the consent or request of Landlord, express or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any improvement, alteration or repair of the Premises or any part thereof nor as giving Tenant any right, power, authority or permit for the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the real property of which the Premises is a part, the Premises or any part thereof. Any work done for and materials supplied to Tenant by a contractor, subcontractor, laborer or materialman at Tenant's request shall be paid for by Tenant directly, and Landlord shall have no liability therefor. Tenant shall keep the Property Building and the Premises free from and clear of all liens for any mechanic’s, materialman’s, work or similar liens material claimed to have been furnished to Tenant or to the Premises on Tenant's behalf and all work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with or disturb other such encumbrances, including the liens of any security interest in, conditional sales of, tenants or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part occupants of the Premises, Building. Nothing contained in connection with the previous sentence shall require Tenant to do any Tenant’s Changes on or respecting work "after hours". Any mechanic's lien filed against the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, Building for work claimed to have been done or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior for materials claimed to have been furnished to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may shall be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. discharged by Tenant shall remove any such lien or encumbrance by bond or otherwise at its expense within thirty (30) days after written Landlord shall have given Tenant a notice of such filing, by Landlord; and if Tenant shall fail to do sopayment, Landlord may pay filing of the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed bond required by operation of law or express or implied contractotherwise. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, ormay, at Landlord’s 's option, discharge any such lien by bonding same if Tenant fails to do so after such notice and the expiration of the thirty (30) day period, and Landlord's expense in so doing (including reasonable attorneys' fees) shall attach only against be paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises, as additional rent, within ten (10) days after receipt of its next rent bill.
Appears in 1 contract
Sources: Lease Agreement (STV Group Inc)
Mechanic’s Liens. SECTION 23.1. Tenant shall keep the Property and Premises free from not permit any mechanic’s, laborer’s or materialman’s, or similar liens or other such encumbrances, including the liens of ’s lien to be filed at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting time against the Premises not or any part thereof by reason of work performed by or at on behalf of Tenant or any agent or contractor or anyone holding the request Premises through or under Tenant. If any such lien shall be filed, Tenant, upon notice thereof, shall, within fifteen (15) days of the date of receipt of notice of such filing, notify Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receipt of notice of such filing cause the same to be discharged of record by Landlord; payment, deposit, bond, order of a court of competent jurisdiction or otherwise, and if Tenant shall give Landlord prompt notice of such discharge. If Tenant shall fail to do socause such lien to be so discharged, then in addition to any other right or remedy which Landlord may have, Landlord may may, but shall not be obligated to, discharge the same either by paying the amount 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 compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by ▇▇▇▇▇▇▇▇ and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the lesser of the Prime Rate plus two hundred (200) basis points, or (ii) the maximum rate permitted by law, from the date of Landlord’s making of the payment or incurring of the cost or expense, shall be deemed Additional Rent under this Lease payable promptly paid to Landlord by Tenant upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Sources: Lease
Mechanic’s Liens. (a) Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from or any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesProject any mechanic's, in connection with any Tenant’s Changes on materialman's, contractor's or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) subcontractor's lien arising out of the same or in connection with any such lienwork of improvement, security interesthowever, conditional sale or chattel mortgage or any action or proceeding brought thereon. it may arise
(b) Tenant shall give notify Landlord written notice at least twenty ten (2010) days prior to the commencement of work on construction of any Tenant’s Change 's work and Landlord shall have the right to post and record a notice of non-responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises (or such additional time as may be necessary under applicable Laws)any portion thereof or against Tenant's leasehold interest therein, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise obtain the release and/or discharge of said lien, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof In the event Tenant shall fail fails to do so, Landlord may pay obtain the amount necessary to remove such release and/or discharge of said lien or encumbranceand Tenant shall Indemnify Landlord for the costs thereof, without being responsible for investigating including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandof any such asserted claim, without limitation as to other remedies available provided Tenant has furnished to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting release bond freeing the Premises not performed by or at from the request effect of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslien claim.
Appears in 1 contract
Sources: Commercial Lease Agreement
Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, ’s or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, in connection with any Tenant’s Changes on leasehold interest, or respecting Landlord’s fee interest in the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant’s request. Tenant shall provide such advance written notice of any Additional Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within sixty (60) days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give be a material default under this Lease, and Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)shall have, in order addition to afford all other remedies provided by this Lease or by Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord the opportunity of posting for such purpose and recording appropriate notices of nonresponsibility. all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after following written notice demand by Landlord; and if . Notwithstanding the foregoing, Tenant shall fail have the right to do socontest any such lien in good faith, Landlord may pay if, within sixty (60) days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as posts other security reasonably acceptable to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.Landlord.
Appears in 1 contract
Sources: Ground Lease
Mechanic’s Liens. The Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, 's or similar liens artisan's or other such encumbrancesliens to be filed or placed or exist against the fee of the demised premises nor against the Tenant's leasehold interest in said premises by reason of work, including labor, services or materials supplied or claimed to have been supplied to the liens Tenant or anyone holding the demised premises or any part thereof through or under the Tenant, and nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of the Landlord, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any security interest inlabor or the furnishing of any materials for specific improvement, conditional sales ofalteration or repair of or to the demised premises or any part thereof, nor as giving the Tenant any right, power or chattel mortgages upon, authority to contract for or permit the rendering of any materials, fixtures, services or articles so installed in and constituting part the furnishing of any materials that would give rise to the filing of any mechanic's or other liens against the fee of the Premisesdemised premises. If any such mechanic's lien shall at any time be filed against the demised premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within sixty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3060) days after written notice by Landlord; the date of filing the same or, in the alternative, the Tenant may bond the lien and if deliver a copy of the said bond to the Landlord within the said 60 day period. If the Tenant shall fail to do sodischarge such mechanic's lien or deliver said bond within such period, then, in addition to any right or remedy of the Landlord, the Landlord may may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in such event the Landlord shall be entitled, if the Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid by the Landlord for any of the aforesaid purposes, or for the satisfaction of any other lien, not caused or claimed to be caused by the Landlord, and all reasonable legal and other expenses of the Landlord, including reasonable legal and other expenses of the Landlord, including reasonable counsel fees, in defending any such action or in about procuring the discharge of such lien, with all necessary to remove such lien or encumbrancedisbursements in connection therewith, without being responsible for investigating with interest thereon at the validity thereof. The amount so paid rate of six percent (6%) per annum from the date of payment shall be deemed Additional Rent repaid by the Tenant to the Landlord on demand and if unpaid may be treated as additional rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under the terms of this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject , and the same may, at the option of the Landlord’s title to the Property or Premises , be added to any liens fixed rent then due or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesthereafter falling due hereunder.
Appears in 1 contract
Mechanic’s Liens. 6.3.1. Without limiting the generality of the foregoing provisions of this section, the Tenant shall keep the Property not create or permit to be created, and Premises free from any mechanic’s, materialman’s, if created shall discharge or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages uponhave released, any materials, fixtures, mechanics' or articles so installed materialmens' lien arising while this Lease is in effect and constituting part affecting any or all of the Premises, the Building and/or the Property, and the Tenant shall not permit any other matter or thing whereby the Landlord's estate, right and interest in connection with any Tenant’s Changes on or respecting all of the Premises not performed by or at Premises, the request of Landlord and Building and/or the Property might be impaired. The Tenant shall indemnify, defend, protect, indemnify and hold harmless the Landlord harmless against and from any and against any claimsall liability, liabilities, judgements, claim of liability or costs expense (including but not limited to that of reasonable attorneys’ ' fees) arising out incurred by the Landlord on account of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by claim, provided the Landlord has not caused or contributed to such liability, claim or expense.
6.3.2. If the Tenant fails to discharge or bond or otherwise against any such lien within thirty fifteen (3015) days after written notice it first becomes effective against any of the Premises, the Building and/or the Property, then, in addition to any other right or remedy held by Landlord; and if Tenant shall fail to do sothe Landlord on account thereof, the Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount necessary of any judgment in favor of the lienor with interest, costs and allowances. The Tenant shall reimburse the Landlord for any amount paid by the Landlord to remove discharge any such lien and all expenses incurred by the Landlord in connection therewith, together with interest thereon at the Prime Rate plus two percent (2%) per annum from the respective dates of the Landlord's making such payments or encumbrance, without being responsible for investigating the validity thereof. The amount so paid incurring such expenses (all of which shall be deemed constitute Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this LeaseRent).
6.3.3. Nothing contained in this Lease shall authorize be deemed in any way (a) to constitute the Landlord's consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Premises, the Building and/or the Property, or (b) to give the Tenant any right, power or authority to do contract for or permit to be furnished any act which shall subject Landlord’s title service or materials, if doing so would give rise to the filing of any mechanics' or materialmens' lien against any or all of the Premises, the Building and/or the Property, or the Landlord's estate or interest therein, or (c) to evidence the Landlord's consent that the Premises, the Building and/or the Property or Premises be subjected to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch lien.
Appears in 1 contract
Sources: Office Lease (Creditrust Corp)
Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written ▇▇▇▇▇▇’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with ▇▇▇▇▇▇▇▇’s title company to insure that, upon final determination of the validity of such lien or claim, ▇▇▇▇▇▇ shall immediately pay any judgment rendered against ▇▇▇▇▇▇). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.
Appears in 1 contract
Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar mechanics' liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to be filed against the Premises, in connection with nor against Tenant's leasehold estate hereunder, by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change interest in the Premises (or such additional time as may be necessary any part thereof through or under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove If any such mechanic's lien or encumbrance by bond or otherwise shall at any time be filed against the Premises, Tenant shall, within thirty (30) days after written notice of the filing thereof, or sooner and within ten (10) days after demand from Landlord if required in order to close a sale or financing involving the Premises (and which notice shall refer to such ten (10) day period and this sentence), cause the same to be discharged of record by Landlord; and if payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid, then Landlord may (without complying with any other provision contained in this Lease) discharge the same either by paying the amount 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 compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowance. The amount so paid Nothing in this Lease contained shall be deemed Additional Rent under this Lease payable upon demandor construed in any way as constituting the consent or request of Landlord, without limitation express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Premises or any part thereof, nor as giving Tenant a right, power or authority to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do contract for or permit the rendering of any act which shall subject Landlord’s title services or the furnishing of any materials that would give rise to the Property filing or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic's lien or encumbrance upon against the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including so as to minimize the liens possibility of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting a lien attaching to the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonProperty. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), take all steps permitted by law in order to afford Landlord avoid the opportunity imposition of posting and recording appropriate notices of nonresponsibilityany mechanic's, laborer's or materialman's lien upon the Premises or the Property. Tenant shall remove Should any such lien or encumbrance notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise within thirty (30) days after written the filing thereof or after Tenant's receipt of notice by Landlord; and if thereof, whichever is later, regardless of the validity of such lien or claim. If Tenant shall fail to do socause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without being responsible for investigating limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of twelve percent (12%) per annum from the validity thereof. The amount so paid respective dates of Landlord's making such payment or incurring such cost or expense, which shall be deemed constitute Additional Rent under this Lease payable hereunder promptly upon demand, without limitation as to other remedies available to Landlord under this Leasedemand therefor. Nothing contained in this Lease shall is intended to authorize Tenant to do or cause any act work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which shall subject Landlord’s title to any lien could be filed against the Premises or the Building or the Property or Premises any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any liens work or encumbrancesservices or the furnishing of any materials for which any lien could be filed against the Premises, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Building, the Property or Premises arising in connection with any Work on part of any thereof. Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or respecting charge levied or imposed upon the Premises not performed by or at the request Property or any interest therein or income therefrom on account of Landlord shall be null and voidany mechanic's, orlaborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, at Landlord’s optionmechanic, shall attach only against Tenant’s interest in the Premises supplier, materialman or laborer and shall in all respects be subordinate include without limitation any mechanic's notice of intention given to Landlord’s title Landlord or Tenant, any stop order given to the Property Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and Premisesany injunctive or equitable action brought by any person entitled to any mechanic's lien.
Appears in 1 contract
Sources: Office Space Lease (Nco Group Inc)
Mechanic’s Liens. Nothing in this Lease shall be deemed or construed in any way as constituting the request of Landlord, express or implied, for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Premises or the Improvements, or any part thereof. Tenant shall keep agrees that at all times when the Property and Premises free from same may be necessary or desirable, Tenant will take such action as may be required to prevent the enforcement of any mechanic’s, materialman’s, 's or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of against the Premises, Tenant's leasehold interest, or Landlord's fee interest in connection with any Tenant’s Changes on or respecting the Premises not performed by for or on the account of labor, services or materials furnished to Tenant, or at Tenant's request. Tenant shall provide such advance written notice of any Subsequent Construction such as shall allow Landlord from time to time to post a notice of non-responsibility on the request Premises. If Tenant does not, within sixty (60) days following the imposition of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestcause the same to be released of record, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant it shall give be a material default under this Lease, and Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)shall have, in order addition to afford all other remedies provided by this Lease or by Law, the right but not the obligation to cause the same to be released by such means as it shall deem proper, including without limitation, payment of the claim giving rise to such lien. All sums paid by Landlord the opportunity of posting for such purpose and recording appropriate notices of nonresponsibility. all reasonable expenses incurred by Landlord in connection therewith shall be payable to Landlord by Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after following written notice demand by Landlord; and if . Notwithstanding the foregoing, Tenant shall fail have the right to do socontest any such lien in good faith, Landlord may pay if, within sixty (60) days following the imposition of such lien, Tenant, at no cost to Landlord, posts a bond in the statutory amount necessary sufficient to remove such lien from record, or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to posts other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate security reasonably acceptable to Landlord’s title to the Property and Premises.
Appears in 1 contract
Sources: Ground Lease
Mechanic’s Liens. (a) Tenant will not suffer or permit any mechanic's, laborer's or materialman's lien to be filed against the Land, Building, or Premises, or any part thereof, by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any such lien shall at any time be filed, Tenant, within ten (10) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise provided by law. If Tenant shall keep fail to cause such lien to be discharged within the Property and Premises free from period aforesaid, then in addition to any mechanic’sother right or remedy, materialman’sOwner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or similar liens by procuring the discharge of such lien by deposit or by bonding or other such encumbrances, including the liens proceedings. Owner may at its option and without waiving any of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change its rights set forth in the Premises (or such additional time as may be necessary under applicable Laws)immediately preceding sentence, in order permit Tenant to afford Landlord the opportunity contest validity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if claim, provided that in such circumstances the Tenant shall fail at its expense defend itself and Owner against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Owner, the Premises or the building, provided further that Owner may at any time require the Tenant to do so, Landlord may pay post a bond with an entity satisfactory to Owner in an amount on and one-half (1.5) times the amount necessary to remove such of the lien or encumbranceto deposit with the Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be sufficient as a release and discharge of the lien. If Tenant shall not immediately make such payment upon the request of Owner, without being responsible for investigating Owner may make said payment in the validity thereof. The amount so paid together with interest thereon from the date of payment and all legal costs and charges, including attorney fees incurred by Owner in connection with said payment shall be deemed Additional Rent under this Lease and shall be payable upon on the next date on which a base rental installment is due. Any amount so paid by Owner, plus all of Owner's costs and expenses associated therewith, shall be paid by Tenant to Owner on demand, without limitation as to other remedies available to Landlord under with interest thereon at the Reimbursement Interest Rate from the due date until paid.
(b) Nothing in this Lease. Nothing contained , nor any approval by Owner of any of Tenant's Alterations or contractors, shall be deemed or construed in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to way as constituting consent by Owner for the Property making of any alterations or Premises additions by Tena▇▇ ▇▇▇hin the meaning of any State law, or constituting a request by Owner, expressed or implied, to any liens contractor, subcontractor, laborer or encumbrances, whether claimed by operation materialman for the performance of law any labor or express the furnishing of any materials for the use or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request benefit of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesOwner.
Appears in 1 contract
Mechanic’s Liens. Landlord and Tenant shall keep hereby expressly agree and acknowledge that, pursuant to the Property terms of this Lease and Premises free from any mechanic’sapplicable. Law of the State of Florida, materialman’s, or similar liens or other such encumbrances, including the liens no interest of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed Landlord in and constituting part of the Premises, the Building or the Property shall be subject to any lien for improvements made by Tenant in connection with or for the Premises, and Tenant shall not permit any Tenant’s Changes mechanic's lien or liens to be placed upon the Premises or any portion of the Building or the Property. Landlord has recorded in the public records of Palm Beach County, Florida, a public notice containing a true and correct copy of this Paragraph 19, and Tenant agrees to inform all contractors and materialmen performing work on or respecting supplying material to the Premises not performed by of the existence of such notice. Nothing in this Lease shall be deemed or at construed in any way as constituting the consent or request of Landlord and shall indemnifyLandlord, defendexpress or implied, protectby inference or otherwise, and hold Landlord harmless from and against to any claims, liabilities, judgementsperson for performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would or might give rise to any mechanic's or other liens against the Premises or any portion of the same Building or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonthe Property. Tenant shall give Landlord written notice at least twenty (20) days prior to In the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove event any such lien is claimed against the Premises or encumbrance by bond any portion of the Building or otherwise the Property, then Tenant shall discharge same or transfer such lien to other security within thirty (30) days after written of notice by thereof. In the event that Tenant fails to discharge or otherwise remove any such liens, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating any of the validity thereof. The amount so paid aforesaid purposes shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available reimbursed by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's demand therefore as additional rent.
Appears in 1 contract
Sources: Office Lease Agreement (Zix Corp)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s, materialman’s, or similar mechanics' liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to be filed against the Premises, in connection with nor against Tenant's leasehold estate hereunder, by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change interest in the Premises (or such additional time as may be necessary any part thereof through or under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove If any such mechanic's lien or encumbrance by bond or otherwise shall at any time be filed against the Premises, Tenant shall, within thirty (30) days after written notice of the filing thereof, or sooner, and within ten (10) days after demand from Landlord if required in order to close a sale or financing involving the Premises (and which notice shall refer to such ten (10) day period and this sentence), cause the same to be discharged of record by Landlord; and if payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid, then Landlord may (without complying with any other provision contained in this Lease) discharge the same either by paying the amount 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 compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowance. The amount so paid Nothing in this Lease contained shall be deemed Additional Rent under this Lease payable upon demandor construed in any way as constituting the consent or request of Landlord, without limitation express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Premises or any part thereof, nor as giving Tenant a right, power or authority to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do contract for or permit the rendering of any act which shall subject Landlord’s title services or the furnishing of any materials that would give rise to the Property or Premises to filing of any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic's lien or encumbrance upon against the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party shall be deemed authorized and shall indemnify, defend, protectordered by Tenant only, and hold Tenant shall not permit any mechanic's liens to be filed against the Premises or the Project in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord harmless final lien waivers from all contractors, subcontractors and against any claimsmaterialmen who performed such work. If such a lien is filed, liabilitiesthen Tenant shall, judgements, or costs within ten (including attorneys’ fees10) arising out business days after Landlord has delivered notice of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. filing thereof to Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional earlier time period as may be necessary under applicable Lawsto prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), in order either:
(1) pay the amount of the lien and cause the lien to afford Landlord the opportunity be released of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any record; or
(2) diligently contest such lien or encumbrance by and deliver to Landlord a bond or otherwise within thirty (30) days after written notice by other security reasonably satisfactory to Landlord; and if . If Tenant shall fail fails to do sotimely take either such action, then Landlord may pay the amount necessary lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to remove such lien Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or encumbranceother similar relationships). Accordingly, without being responsible all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for investigating the validity thereoffurnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. The amount so paid Nothing herein shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to a consent by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance being placed upon the Property Premises, Project or Premises Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the "INDEMNITEES") from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys' fees) in any way arising in connection with from or relating to the failure by any Work on Tenant Party to pay for any work performed, materials furnished, or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. The foregoing indemnity shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Zix Corp)
Mechanic’s Liens. SECTION 21.1. Tenant shall keep the Property and Premises free from not permit any mechanic’s, construction, laborer’s or materialman’s, or similar liens or other such encumbrances, including the liens of ’s lien to be filed at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting time against the Premises not or any part thereof by reason of work performed by or at on behalf of Tenant or any agent or contractor or anyone holding the request of Premises through or under Tenant. If any such lien shall be filed, Tenant, upon notice thereof, shall promptly notify Landlord and shall indemnifypromptly cause the same to be discharged of record by payment, defenddeposit, protectbond, order of a court of competent jurisdiction or otherwise, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written prompt notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilitydischarge. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be so discharged within sixty (60) days after the date of the filing, then in addition to any other right or remedy which Landlord may have, Landlord may may, but shall not be obligated to, discharge the same either by paying the amount 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 compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by Landlord and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the lesser of (i) three percent (3%) plus the Prime Rate; or (ii) the maximum rate permitted by law from the date of Landlord’s making of the payment or incurring of the cost or expense, shall be deemed Additional Rent under this Lease payable promptly paid to Landlord by Tenant upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. Tenant 71.01 Notice is hereby given that the Landlord shall keep not, under any circumstances, be liable to pay for any work, labor or services rendered or materials furnished to or for any work, labor or services rendered or materials furnished to or for the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part account of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same Tenant upon or in connection with the Demised Premises, and that no mechanic’s or other liens for work, labor or services rendered or materials furnished to or for the account of the Tenant shall, under any such liencircumstances, security interestattach to or affect the reversionary or other estate or interest of the Landlord in or to the Demised Premises or in and to any alterations, conditional sale repairs or chattel mortgage improvements to be erected or made thereon.
71.02 The Tenant shall not suffer nor permit, during the term hereby granted, any mechanic’s or other liens for work, labor, services or materials rendered or furnished to or for the account of the Tenant upon or in connection with the Demised Premises or to any improvement erected or to erected upon the same, or any action or proceeding brought thereon. portion thereof; and it is understood that Tenant shall give Landlord obtain and deliver unconditional written notice at least twenty (20) days prior to waivers of mechanic’s liens as specifically set forth in Paragraph 3 of the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws)printed form hereof. Nevertheless, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove hold the Landlord and the Demised Premises harmless from all liens or charges, of whatever nature or description, arising from, or in consequence of, any alterations or improvements that the Tenant shall make, or cause to be made, upon the Demised Premises.
71.03 If a notice of mechanic’s lien be filed against the Demised Premises for labor or materials alleged to have been furnished, or to be furnished at the Demised Premises to or for the Lessee or to or for someone claiming under the Lessee; and if the Lessee shall fail to take such action as shall cause such lien to be discharged or encumbrance by bond or otherwise bonded within thirty (30) days after written notice to Tenant of same; the Lessor may discharge it by Landlord; deposit or by bonding, proceeding, and if Tenant shall fail in the event of such deposit or bonding proceedings, the Lessor may require the lienor to do soprosecute an appropriate action to enforce the lienor’s claim. In such case, Landlord the Lessor may pay any judgement recovered on such claim. Any amount paid or expense incurred by the amount necessary Lessor, as in the clause provided, and any expense incurred or sum of money paid by the Lessor by reason of the failure or the Lessee to remove comply with this provision of this Lease, or in defending any such lien or encumbranceaction, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease to be additional rent for the Demised Premises, and shall be due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title by the Lessee to the Property or Premises to any liens or encumbrances, whether claimed by operation Lessor on the first day of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by next following month or at the request option of Landlord the Lessor, on the first day of the succeeding month. The receipt by the Lessor of any installment of the regular stipulated rent hereunder or any of such additional rent shall not be null and voida waiver of any other additional rent then due.
71.04 Notwithstanding anything to the contrary, or, at any mechanic’s lien filed against the Demised Premises for Landlord’s option, shall attach only against Tenant’s interest in Work or work performed by Landlord during the Premises and shall in all respects be subordinate to Landlord’s title to Lease term are excluded from the Property and Premisesprovisions of Article 71 herein.
Appears in 1 contract
Sources: Office Lease (Emerging Vision Inc)
Mechanic’s Liens. Tenant The Lessee shall keep not subject the Property and Premises free from Lessor’s interest or estate to any liability under any mechanic’s’s or other lien law. No provision of this lease may be construed to imply that the Lessor has consented to the Lessee’s incurring such lien. If a mechanic’s lien, materialman’slis pendens or other lien is filed against the demised premises for any work, labor, services or materials that the lienor claims to have performed or furnished on behalf of the Lessee, or similar liens any person holding through or other under the Lessee, the Lessee must cause such encumbranceslien to be cancelled and discharged of record within ten (10) days after notice of such lien by the Lessor. If such lien is filed, including the liens of Lessor may satisfy the lien after giving notice thereof to the Lessee and without limiting the Lessor’s rights or remedies under the lease. The Lessee shall promptly reimburse the Lessor for any security interest in, conditional sales of, or chattel mortgages upon, amounts expended to satisfy the lien and for any materials, fixtures, or articles so installed in and constituting part of the Premises, expenses incurred in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereofsatisfaction. The amount so paid Lessee shall have no right to setoff against the Lessor. The Lessee’s failure to cancel and discharge of record any lien under this paragraph shall be deemed Additional Rent a default by the Lessee under the provisions of this Lease payable upon demandlease. 27. NOTICE. LESSOR: True Builders Inc. LESSEE: ▇▇▇▇ ▇▇▇▇▇, without limitation as P.A. Any notice which is to other remedies available be given to Landlord under this Leaseeither party hereunder shall be deemed sufficiently given if sent by certified or registered mail, postage prepaid, to such party at its address appearing above in writing. Nothing contained in this Lease Any notice given to Lessee shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises also be given to any liens assignee or encumbrances, whether claimed by operation sublessee and all notices to any assignee or sublessee of law or express or implied contract. Any claim Lessee shall also be sent to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesLessee.
Appears in 1 contract
Sources: Office Lease
Mechanic’s Liens. Tenant Lessee shall keep not suffer or permit any mechanics' liens to be filed against the Property and Premises free from any mechanic’sfee of the premises, materialman’snor against Lessee's leasehold interest in the premises, by reason of work, labor, services or materials supplied, or similar liens claimed to have been supplied, to Lessee, or other such encumbrancesanyone holding the premises or any part thereof, including through or under Lessee; and nothing in this Lease contained shall be deemed or construed in any way as constituting the liens consent or request of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material man for the performance of any security interest inlabor or the furnishing of any materials for any specified improvement, conditional sales alteration or repair of, or chattel mortgages uponto the premises, or any part thereof, nor as giving Lessee any right, power or authority to contract for, or permit the rendering of, any materials, fixturesservices, or articles so installed in and constituting part the furnishings of any materials that would give rise to the filing of any mechanics' liens against the fee of the Premisespremises. Lessor shall have the right at all reasonable times to post, and keep posted, on the premises any notices that may be provided by law which Lessor may deem to be necessary for the protection of Lessor, and the premises from mechanics' liens. If any such mechanics' lien shall at any time be filed against the premises, Lessee covenants that it will promptly take and diligently prosecute appropriate action to have the same discharged; and, upon its failure to do, Lessor, in addition to any other right or remedy that it may have, may take such action as may be reasonably necessary to protect its interest, and any reasonable amount paid by Lessor in connection with any Tenant’s Changes on or respecting the Premises not performed by or such action, and all reasonable legal and other expenses of Lessor in connection therewith, including reasonable counsel fees, court costs and other necessary disbursements, with interest thereon at the request rate of Landlord and shall indemnifyten (10%) percent per annum from the date of payment, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon repaid by Lessee to Lessor on demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from Sublessee will not permit any mechanic’s, materialman’s’s liens, or similar liens other liens, to be placed upon the Premises or other such encumbrancesany building or improvement thereon during the term hereof as a result of Sublessee’s actions, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed and in and constituting part case of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request filing of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interestSublessee will promptly pay same; provided, conditional sale however, that Sublessee shall have the right to contest the validity or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement amount of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien upon posting security with Sublessor which in Sublessor’s reasonable judgment is adequate to pay and discharge any such lien in full if held valid. Sublessee shall have sixty (60) days after filing to pay the lien or encumbrance post security as provided. If default in payment thereof shall continue for thirty (30) days after notice thereof from Sublessor to Sublessee, (unless Sublessee shall have posted security as aforesaid), Sublessor shall have the right and privilege at Sublessor’s option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be immediately due by bond or otherwise within Sublessee to Sublessor and shall be paid promptly upon presentation of ▇▇▇▇ therefor. Sublessor covenants that it will not permit any mechanic’s liens to be placed on the Subleased Premises, and that, should such lien be recorded against the Subleased Premises, Sublessor will ensure its removal not later than thirty (30) days after written notice demand therefor is made upon Sublessor by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesSublessee.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonSection 12.01. Tenant shall give Landlord written notice at least twenty (20) days prior not suffer or permit any mechanics' liens to be filed against the commencement Property or Demised Premises by reason of work on work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding any Tenant’s Change interest in the Property or Demised Premises (or such additional time as may be necessary any part thereof through or under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove If any such mechanics' lien or encumbrance by bond or otherwise shall at any time be filed against the Demised Premises, Tenant shall, within thirty forty five (3045) days after written notice to it of the filing, cause the same to be discharged of record by Landlord; and if payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid, then Landlord may discharge the same either by paying the amount 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 compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandcosts, without limitation as to other remedies available to Landlord under this Leaseand allowance. Nothing contained in this Lease shall authorize Tenant to do be deemed or construed in any act which shall subject way as constituting the consent or request of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the Demised Premises or any part thereof, nor as giving Tenant a right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanics' lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at against Landlord’s option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Vasomedical Inc)
Mechanic’s Liens. Tenant shall keep will not permit any mechanic's liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic's or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 1 contract
Sources: Office Lease
Mechanic’s Liens. The interest of Landlord in the Premises shall not be subject in any way to any liens, including construction liens, for improvements to or other work performed with respect to the Premises by or on behalf of Tenant. Tenant shall keep have no power or authority to create any lien or permit any lien to attach to the Property and Premises free from any mechanic’spresent estate, materialman’sreversion, or similar liens other estate of Landlord (or other such encumbrances, including the liens interest of any security interest inground lessor) in the Premises, conditional sales ofand all mechanics, materialmen, contractors, artisans, and other parties contracting with Tenant or chattel mortgages upon, its representatives or privies with respect to the Premises or any materials, fixtures, or articles so installed in and constituting part of the Premises are hereby charged with notice that they must look to the Tenant to secure payment of any ▇▇▇▇ for work done or material furnished or for any other purpose during the Term. The foregoing provisions are made with express reference to Section 713.10, Florida Statutes (1995). Notwithstanding the foregoing provisions, Tenant, at its expense, shall cause any lien filed against the Premises, in connection with any for work or materials claimed to have been furnished to Tenant to be discharged of record or properly transferred to a bond pursuant to Section 713.24, Florida Statutes (1995), within ten (10) days after notice thereof to Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall . Further, Tenant agrees to indemnify, protect, defend, protect, and hold save Landlord harmless from and against any claimsdamage or loss, liabilitiesincluding reasonable attorneys' fees, judgements, or costs (including attorneys’ fees) arising out incurred by Landlord as a result of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior notify every contractor making improvements to the commencement Premises that the interest of work on any Tenant’s Change the Landlord in the Premises (shall not be subject to liens for improvements to or such additional time as may be necessary under applicable Laws), in order other work performed with respect to afford Landlord the opportunity Premises by or on behalf of posting and recording appropriate notices of nonresponsibilityTenant. Tenant shall remove any such lien execute, acknowledge, and deliver without charge a short form of lease or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay in recordable form containing a confirmation that the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects not be subordinate subject to Landlord’s title liens for improvements or other work performed with respect to the Property and PremisesPremises by or on behalf of Tenant. If such a short form of lease or notice is executed, it shall expressly provide that it shall be of no further force or effect after the last day of the Lease Term or on the filing by Landlord of an affidavit that the Lease Term has expired or the Lease has been terminated or that the Tenant's right to possession of the Premises has been terminated.
Appears in 1 contract
Sources: Single Tenant Building Lease (Sri Surgical Express Inc)
Mechanic’s Liens. Tenant will not permit, during the term hereby granted, any mechanic's or other lien or order for payment of work, labor, services, or materials furnished or to be furnished to, attach to or affect the demised premises or any portion thereof, and agrees that no such lien or order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Owner herein, or the building. The Tenant's obligation to keep the Property demised premises in repair, and Premises free from its right to make alterations therein, if any, shall not be construed as the consent of the Owner to the furnishing of any mechanic’ssuch work, materialman’slabor 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 which may create, or similar liens or other such encumbrances, including be the liens of any security interest in, conditional sales of, or chattel mortgages uponfoundation for, any materials, fixtures, lien upon the fee or articles so installed leasehold estate of the Owner in and constituting the demised premises or upon the land or building of which they are a part of the Premisesimprovements now erected or hereafter to be erected upon the demised premises or the land or building of which the demised premises are a part; and if any such mechanic's or other lien or order shall be filed against the demised premises or the land or building of which the demised premises are a part, the Tenant shall, within thirty (30) days thereafter, discharge said lien or order by payment, deposit or by bond fixed in connection with any Tenant’s Changes on or respecting a proper proceeding according to law. If the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsfail to take such action, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any not cause such lien or encumbrance by bond or otherwise order to be discharged within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do sothe filing thereof, Landlord the Owner may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit or bond or in any other manner according to law, without being responsible for investigating the validity thereof. The and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the reasonable expenses incurred by the Owner, including all reasonable attorney's fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.
Appears in 1 contract
Sources: Lease Agreement (Thermo Vision Corp)
Mechanic’s Liens. Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from any mechanic’s, materialman’sleased premises, or similar any part thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from or other such encumbrances, including any claim for damage growing out of the liens work of any security interest inconstruction, conditional sales ofrepair, restoration, replacement or improvement, or chattel mortgages uponany other claim or demand howsoever the same may arise, but Tenant shall pay or cause to be paid all of said liens, claims or demands before any materials, fixtures, or articles so installed in action is brought to enforce the same against said land; and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, Tenant agrees to indemnify and hold Landlord and said land free and harmless from all liability for any and against any claimsall such liens, liabilitiesclaims and demands, judgements, or together with reasonable attorneys' fees and all costs (including attorneys’ fees) arising out of the same or and expenses in connection with therewith. Notwithstanding anything to the contrary hereinabove contained in this ARTICLE XI, if Tenant shall in good faith contest the validity of any such lien, security interestclaim or demand, conditional sale or chattel mortgage or then Tenant shall, at its expense, defend itself and Landlord against the same and shall pay and satisfy any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as adverse judgment that may be necessary under applicable Laws)rendered thereon before the enforcement thereof against Landlord or the leased premises, upon the condition that if Landlord shall require, Landlord shall furnish to Landlord a surety bond satisfactory to Landlord in order an amount equal to afford such contested lien, claim or demand indemnifying Landlord against liability for the opportunity same, and holding the leased premises free from the effect of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond claim or otherwise within thirty (30) days after written notice by Landlord; and if Landlord shall request, Tenant shall fail to do soprocure and record the bond provided for in Section 1193-2 of the California Code of Civil Procedure, Landlord may pay or any comparable statute hereafter enacted providing for a bond freeing the amount necessary to remove leased premises from the effect of such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property claim or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesaction thereon.
Appears in 1 contract
Mechanic’s Liens. From and after the Commencement Date (or such earlier date that Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of enters the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice Notice of Tenant's intention to perform any work on the Premises which might result in any claim of lien at least twenty (20) days prior to the commencement of such work on to enable Landlord to post and record a notice of nonresponsibility or other notice Landlord deems proper prior to the commencement of any such work. Tenant shall not permit any mechanic's, materialmen's or other liens to be filed against the Property or the Building or any portion thereof or against Tenant’s Change 's leasehold interest in the Premises. If Tenant fails to cause the release of record of any lien(s) filed against the Property or the Building or any portion thereof or its leasehold estate in the Premises by payment or posting of a proper bond within ten (or such additional time as may be necessary under applicable Laws10) days from the date of the lien filing(s), in order then Landlord may, at Tenant's expense, cause such lien(s) to afford be released by any means Landlord deems proper, including, but not limited to, payment of or defense against the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Landlord in connection with any Work the release of the lien(s), including, but not limited to, all costs, expenses and actual attorneys' fees, shall be due and payable by Tenant to Landlord, as an item of Additional Rent, on or respecting the Premises not performed demand by or Landlord, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against such demand until paid by Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (8x8 Inc /De/)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from will not permit to be created or to remain undischarged any mechanic’sitems, materialman’s, encumbrance or similar liens or other such encumbrances, including the liens charge arising out of any security work of any contractor, mechanic, laborer or material man which might be or become a lien or encumbrance or charge upon the Premises or any part thereof or the income therefrom, and Tenant will not permit the rights and interest in, conditional sales of, of Landlord in the Premises or chattel mortgages upon, any materials, fixtures, part thereof might be impaired. If any lien on account of an alleged debt of Tenant or articles so installed in and constituting part any notice of contract by a party engaged by ▇▇▇▇▇▇ or ▇▇▇▇▇▇'s contractor to work on the Premises shall be filed against the Premises, in connection with any Tenant’s Changes on Building or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsLot, or costs any part hereof, within ten (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice of the filing thereof Tenant shall cause the same to be discharged of record by Landlord; and if payment or bond. If Tenant shall fail to do socause such lien to be discharged within the period aforesaid then, in addition to any other right or remedy, Landlord may may, but shall not be obligated to, discharge the same either by 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 to compel the prosecution of an action for the foreclosure of such lien by the lienor or to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid shall be deemed Additional Rent under this Lease payable upon demandby ▇▇▇▇▇▇▇▇ and all costs and expenses, including without limitation as to other remedies available to reasonable attorney fees, incurred by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection therewith, together with any Work on or respecting the Premises not performed by or interest thereon at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest rate specified in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.Paragraph 19
Appears in 1 contract
Sources: Lease Agreement (Sync Research Inc)
Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a ▇▇▇▇ therefore, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such ▇▇▇▇, shall constitute default under Item 21 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.
Appears in 1 contract
Sources: Lease Agreement (Metastorm Inc)
Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 14, and Tenant shall not permit any Tenant’s Changes on mechanic's lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to remove such lien or encumbrance, without being responsible for investigating the validity thereof, and any amounts so paid, including expenses, interest, and attorney's fees, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a ▇▇▇▇ therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such ▇▇▇▇ shall constitute default under Item 20 hereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request interest of Landlord shall not be null and void, or, at Landlord’s option, subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall attach only against Tenant’s interest notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep will not permit any mechanic's liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from nothing in this Lease shall be deemed or construed in any mechanic’sway as constituting the consent or request of Landlord, materialman’sexpress or implied, by inference or similar liens or other such encumbrancesotherwise, including to any person for the liens performance of any security interest in, conditional sales of, labor or chattel mortgages upon, the furnishing of any materials, fixtures, or articles so installed in and constituting part of materials to the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsBuilding, or costs (including the Property or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic's or other liens against the Premises, the Building, or the Property. In the event any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonshall be paid by Tenant to Landlord promptly on demand as Additional Rent. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written of receiving such notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove of lien or claim (a) have such lien or encumbranceclaim released or (b) deliver to Landlord a bond in form, without being responsible for investigating content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the validity Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. The amount so paid Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed Additional Rent an Event of Default under this Lease payable upon demand, Section 22. hereof entitling Landlord to exercise all of its remedies therefor without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do the requirement of any act which shall subject Landlord’s title to the Property additional notice or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisescure period.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation of law the Building, or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and PremisesTenant fails to obtain the release of such lien or provide a bond allowing the release thereof within the time frames required within this Lease, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period.
Appears in 1 contract
Sources: Office Lease Agreement (Outdoor Channel Holdings Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s’ s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (Day One Biopharmaceuticals Holding Co LLC)
Mechanic’s Liens. Tenant shall keep will not permit any mechanic’s liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic’s or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. If Landlord does consent to the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property by any party, which consent must be in writing, Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may require, including, but not limited to, Builder’s Risk and Worker’s Compensation insurance. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant be deemed, construed or interpreted to do imply any act which shall consent or agreement on the part of Landlord to subject Landlord’s title to the Property interest or Premises estate to any liens liability under any mechanic’s or encumbrancesother lien law. If Landlord receives any notice to file a mechanic’s or other lien against the building, whether or any part thereof, or the Premises, or any part thereof, for any work, labor, services or materials claimed by operation to have been performed or furnished for or on behalf of law Tenant or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with anyone holding any Work on or respecting part of the Premises not through or under Tenant, then Tenant shall act promptly to have such notice withdrawn and to settle any dispute that is the subject of such notice. If any petition to establish a mechanic’s or other lien is filed, or if any mechanic’s or other lien is actually established, against the building, or any part thereof, or the Premises, or any part hereof, or if any mechanics or other lien is actually established, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Premises through or under Tenant, then Tenant shall cause the same to be canceled and discharged of record by payment, bond or at the request order of court within 20 days after notice by Landlord shall be null and void, orto Tenant. Tenant shall, at Landlord’s optionrequest, shall attach only against give written notice to all of Tenant’s interest in laborers and materialmen that Landlord shall not be responsible for labor on the Premises and not at the time of said notice performed, or for materials which have been furnished. Tenant shall in all respects be subordinate responsible for paying, as additional rent, any attorneys fees that Landlord actually incurs as a result of Landlord receiving any notice of intent to Landlordfile a mechanic’s, or other, lien described herein; as a result of any such petition to file a mechanic’s title to or other, lien; or as a result of any such mechanic’s, or other, lien being established against the Property and building, or any part thereof, or against the Premises, or any part thereof.
Appears in 1 contract
Sources: Lease Agreement (Tvi Corp)
Mechanic’s Liens. TWELFTH: The Tenant shall keep will not permit, during the Property and Premises free from term hereby granted, any mechanic’s's or other lien or order for payment of work, materialman’slabor, services, or similar liens materials furnished or other such encumbrances, including to be furnished to attach to or affect the liens of premises or any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protectportion thereof, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any agrees that no such lien or encumbrance order shall under any circumstances attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or law. Notice is hereby given that the Tenant has no power, authority of right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or buildings of which the premises are a part; and in any such mechanic's or other lien or order shall be filed against the purchases of the land and buildings of which the premises are a part, the Tenant shall, within ten (10) days thereafter, discharge said lien or order by payment, deposit or by bond or otherwise within thirty (30) days after written notice by Landlord; and if fixed in a proper proceeding according to law. If the Tenant shall fail to do sotake such action, or shall not cause such lien or order to be discharged within ten (10) days after the filing thereof, the Landlord may pay the amount necessary to remove of such lien or encumbrancedischarge the same by deposit of, without being responsible for investigating the validity thereof. The by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid paid, together with the expenses incurred by the Landlord, including all attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesadditional rent.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Tenant or its agents or contractors shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s or construction liens to be filed against the Premises in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final unconditional lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) business days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (a) pay the amount of the lien and cause the lien to be released of record, or (b) diligently contest such lien and post a bond or other security that is sufficient to SINGLE TENANT LEASE - NET -9- LANDLORD’S INITIALS: SK TENANT’S INITIALS: CA cause such lien to be released of record. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within ten (10) business days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall indemnifybe solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent’ or other similar relationships) and that Tenant is not authorized to act as Landlord’s common law agent or construction agent in connection with any work performed at the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Additionally, Tenant acknowledges that Landlord has not required Tenant to perform any particular tenant improvements or alterations to the Premises. Nothing in this Lease shall be deemed a consent by Landlord to any liens being placed upon the Premises or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, protect, indemnify and hold harmless Landlord harmless and its agents and representatives from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance failure by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do pay for any act which shall subject Landlord’s title to the Property work performed, materials furnished, or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord shall be null and voidTenant, or, at Landlord’s option, shall attach only against or arising from or relating to Tenant’s interest failure to comply with its requirement stated in the Premises and this paragraph. This indemnity provision shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from have no authority, express or implied, to create or place any mechanic’s, materialman’slien or encumbrance of any kind or nature whatsoever upon, or similar liens in any manner to bind, the interest of Landlord or other such encumbrancesTenant in the Premises or to charge the rentals payable under this Lease for any Claims in favor of any person dealing with Tenant, including the liens those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay, bond over (in a manner and with a company reasonably acceptable to Landlord) or cause to be paid all sums legally due and payable by it on account of any security interest in, conditional sales of, labor performed or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, materials furnished in connection with any Tenant’s Changes work performed on or respecting the Premises not performed by on which any lien is or at the request of Landlord can be validly and shall indemnify, defend, protect, and hold Landlord harmless from and legally asserted against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s its leasehold interest in the Premises and Tenant shall indemnify, defend and hold harmless Landlord from any and all Claims arising out of any such asserted Claims. Tenant agrees to give Landlord immediate written notice of any such Claim. Tenant shall notify Landlord in all respects writing at least ten (10) Business Days in advance of any work to be subordinate done on, in, or about the Premises. In the event of such scheduled work, whether Landlord received notice from Tenant or not, Landlord shall have the right, at any time and from time to Landlord’s title time, to enter the Premises to post notices of non-responsibility in such locations as Landlord deems appropriate. Notwithstanding anything in this Lease to the Property and Premisescontrary, Landlord shall not be required to notify Tenant in advance of entering the Premises for the purpose of posting the notices of non-responsibility.
Appears in 1 contract
Sources: Lease (MRV Communications Inc)
Mechanic’s Liens. Landlord and Tenant shall keep hereby expressly agree and acknowledge that, pursuant to the Property terms of this Lease and Premises free from any mechanic’sapplicable. Law of the State of Florida, materialman’s, or similar liens or other such encumbrances, including the liens no interest of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed Landlord in and constituting part of the Premises, the Building or the Property shall be subject to any lien for improvements made by Tenant in connection with or for the Premises, and Tenant shall not permit any Tenant’s Changes mechanic's lien or liens to be placed upon the Premises or any portion of the Building or the Property. Landlord has recorded in the public records of Palm Beach County, Florida, a public notice containing a true and correct copy of this Paragraph 19, and Tenant agrees to inform all contractors and materialmen performing work on or respecting supplying material to the Premises not performed by of the existence of such notice. Nothing in this Lease shall be deemed or at construed in any way as constituting the consent or request of Landlord and shall indemnifyLandlord, defendexpress or implied, protectby inference or otherwise, and hold Landlord harmless from and against to any claims, liabilities, judgementsperson for performance of any labor or the furnishing of any materials to the Premises, or costs (including attorneys’ fees) arising out any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the 15 <PAGE> rendering of any services or the furnishing of any materials that would or might give rise to any mechanic's or other liens against the Premises or any portion of the same Building or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonthe Property. Tenant shall give Landlord written notice at least twenty (20) days prior to In the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove event any such lien is claimed against the Premises or encumbrance by bond any portion of the Building or otherwise the Property, then Tenant shall discharge same or transfer such lien to other security within thirty (30) days after written of notice by thereof. In the event that Tenant fails to discharge or otherwise remove any such liens, then, in addition to any other right or remedy of Landlord; and if Tenant shall fail to do so, Landlord may pay may, but shall not be obligated to, discharge the same. Any amount necessary to remove such lien or encumbrance, without being responsible paid by Landlord for investigating any of the validity thereof. The amount so paid aforesaid purposes shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available reimbursed by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject within ten (10) days of Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises's demand therefore as additional rent.
Appears in 1 contract
Sources: Office Lease Agreement
Mechanic’s Liens. All Alterations, Repairs, and Tenant's Work (hereinafter collectively "Improvements") shall become the property of the Landlord upon installation and shall not be removed by Tenant unless otherwise required to do so. No Improvements performed by Tenant pursuant to this Lease, shall keep be deemed to be required by or for the Property immediate use and Premises free from any benefit of Landlord. No Notice of Commencement, mechanic’s, materialman’s, or similar liens 's or other such encumbrances, including lien shall be allowed against the liens estate of Landlord by reason of any security interest in, conditional sales of, or chattel mortgages upon, consent given by Landlord to Tenant to make any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereonImprovements. Tenant shall give Landlord written notice pay promptly all persons furnishing labor or materials with respect to any Improvements. In the event any Notice of Commencement, mechanic's or other lien shall at least twenty (20) days prior any time be filed against any portion of the Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall immediately cause the same to be discharged of record or bonded to the commencement satisfaction of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibilityLandlord. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do socause such lien to be discharged or bonded immediately after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may pay bond or discharge the same by paying the amount necessary claimed to remove be due, and the amount so paid by Landlord including reasonable attorney's fees incurred by Landlord either in defending against such lien or encumbrancein procuring the bonding or discharge of such lien, without being responsible for investigating the validity thereof. The amount so paid together with interest thereon, shall be deemed Additional Rent under this Lease due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize by Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from not suffer or permit any mechanic’s's liens to be filed against the Premises or any part thereof by reason of work, materialman’slabor, services, or similar materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises or any part thereof through or under Tenant. If any such mechanic's liens or other such encumbrances, including the liens of shall at any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of time be filed against the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and Tenant shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty to be discharged of record within sixty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3060) days after written notice by Landlord; and if the date of filing the same. If Tenant shall fail to do sodischarge such mechanic's lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may pay may, but shall not be obligated to, discharge the same either by paying the amount necessary claimed to remove be due or by procuring the discharge of such lien by deposit in court or encumbranceby giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, without being responsible for investigating and all reasonable legal and other expenses of Landlord, including reasonable attorneys' fees, in or about procuring the validity thereof. The amount discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of eighteen percent (18%) per annum from the date of payment shall be repaid by Tenant to Landlord on demand, and if not so paid shall be deemed Additional Rent under this Lease become due and payable upon by Tenant as additional rent with the next succeeding installment of monthly base rent which shall become due after such demand, without limitation as to other remedies available to Landlord under this Lease. Nothing herein contained in this Lease shall authorize Tenant imply any consent or agreement on the part of Landlord to do any act which shall subject Landlord’s title 's estate to the Property or Premises to liability under any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a mechanic's lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.
Appears in 1 contract
Sources: Lease Agreement (Credit Store Inc)
Mechanic’s Liens. Tenant shall keep If, by reason of any labor or services performed or materials furnished to the Property and Premises free from for or on behalf of Lessee, any mechanic’s's, materialman’smaterialmen's, or similar other liens or other such encumbrancesshall be filed, including the liens of any security interest in, conditional sales ofclaimed, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of perfected as provided by law against the Premises, Lessee shall discharge or remove the lien, by bonding or otherwise, within 15 days after receipt of written notice from Lessor to Lessee of the filing of same. In the event Lessee should fail to cause such lien to be discharged or removed within the 15-day period then, in connection with addition to any Tenant’s Changes on other right or respecting remedy, Lessor may, but shall not be obligated to, discharge the Premises not performed by or at lien. Upon receipt of copies of the request applicable receipts, Lessee shall promptly reimburse Lessor for the cost of Landlord discharging the lien. Notwithstanding the foregoing provisions, the parties understand and shall indemnifyagree that, defendin the event that such a lien is filed against the Premises, protectLessor, and/or Lessee, and hold Landlord harmless from Lessee immediately proceeds to contest same diligently and against any claimsin good faith, liabilitiesand at all times thereafter continues to contest same diligently and in good faith, judgementsLessee shall not be required to discharge or remove such lien as hereinabove set forth; provided, or costs (including attorneys’ fees) arising out however, that, as an aspect of the same or in connection with any contesting such lien, security interestLessee shall, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or Lessee's sole cost and expense, retain legal counsel for such additional time as may be necessary under applicable Laws)purpose, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise Lessee's legal counsel shall, within thirty (30) days after written notice by Landlord; of being retained, report to Lessor, in writing, disclosing in such report the nature of the claim upon which the lien is founded, as well as Lessee's defenses thereto and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether offsets claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidLessee; furthermore, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises event that a civil action is commenced by the lienholder seeking enforcement of such lien, in which civil action Lessor is named as a party defendant, then Lessee agrees to pay for and shall provide Lessor's legal representation and a legal defense to such civil action by and through legal counsel of Lessee's choice, which said legal counsel may represent both Lessee and Lessor in all respects be subordinate such civil action, and Lessee further agrees to Landlord’s title to indemnify and hold Lessor harmless respecting any judgment, obligation, or liability imposed upon Lessor, or the Property and Premises, arising from such civil action.
Appears in 1 contract
Mechanic’s Liens. Notwithstanding any term or provision herein to the contrary, if either (i) required by applicable Law, or (ii) the cost of the Alterations or other work is in excess of [***] Dollars ($[***]), Tenant shall keep appoint a lien agent (as defined in NCGS-44A-7, naming the Property Tenant in the “Owner Information” section and the Premises free from in the “Project Property” section of the Appointment of Lien at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇), and Tenant shall provide to Landlord such mechanics lien agent entry number as assigned by ▇▇▇▇▇▇▇.▇▇▇, prior to the earlier of (1) the date any mechanic’s, materialman’s, work is commenced within the Premises by or similar liens or other such encumbrances, including the liens on behalf of any security interest inTenant Party, conditional sales of, or chattel mortgages upon, (2) Landlord paying any materials, fixtures, or articles so installed in and constituting part of allowance money to Tenant relative to the Premises, including, without limitation, the Tenant Improvement Allowance (as defined in connection Exhibit D attached hereto and incorporated herein by reference), (3) Tenant entering into a contract with a contractor relative to the Premises, and (4) the date any Tenant’s Changes on building permit is obtained relative to the Premises. All work performed, materials furnished, or respecting the Premises not performed obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be filed against the Premises or the Project in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a
(1) pay the amount of the lien and cause the lien to be released of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defenddefend and hold harmless Landlord, protectits property manager, USAA Real Estate Company, any subsidiary or affiliate of the foregoing, and hold Landlord harmless their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against any all claims, liabilitiesdemands, judgementscauses of action, or costs suits, judgments, damages and expenses (including attorneys’ fees) in any way arising out of the same from or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior relating to the commencement of failure by any Tenant Party to pay for any work on any Tenant’s Change in the Premises (performed, materials furnished, or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. The foregoing indemnity shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Heron Therapeutics, Inc. /De/)
Mechanic’s Liens. a. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and all times hold Landlord harmless from and against any claimsshall promptly pay and discharge all claims for work or labor done, liabilities, judgements, supplies furnished or costs (including attorneys’ fees) arising out services rendered in or to the Premises; and shall keep the Premises free and clear of the same or all mechanic's and materialmen's liens in connection with any therewith. This covenant to pay promptly such claims shall not preclude Tenant from contesting such claims in good faith, provided that Tenant shall, if so requested by Landlord, bond removal of such lien, security interestand otherwise at all times perform and continue to perform its covenant herein to hold Landlord harmless herefrom. Landlord may post and keep posted on the Premises or in the immediate vicinity thereof, conditional sale in a conspicuous place which satisfies applicable statutory requirements and which shall be reasonably satisfactory to Tenant, any notice of non-responsibility for any construction, alteration or chattel mortgage repair of the Premises by Tenant.
b. Should any claims of mechanic's or materialmen's liens be filed against the Premises or any action or proceeding brought thereon. Tenant shall give Landlord written affecting the title to such property be commenced, the party receiving notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after action shall forthwith give the other party written notice by Landlord; and if thereof. If Tenant shall fail to do sodischarge such lien within such period or fail to furnish such security, then in addition to any other right or remedy, the Landlord may pay may, but shall not be obligated to discharge the same either by paying the amount necessary claimed to remove be due or by procuring the discharge of such lien by deposit in court or encumbranceby giving security or in such other manner as is or may be prescribed by law. If Tenant fails to discharge the lien, without being responsible for investigating the validity thereof. The amount so paid it shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available repay to Landlord under this Leaseon demand all sums disbursed or deposited by Landlord pursuant to the foregoing provisions hereof, including costs, expenses, and reasonable attorneys' fees incurred by such party in connection therewith. Nothing contained in this Lease herein shall authorize Tenant imply any consent or agreement on the part of either party to do subject its estate to liability under any act which shall subject Landlord’s title to the Property mechanic's or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a other lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslaw.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from not permit any mechanic’s, materialman’s, or similar liens mechanics' lien or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of to be placed upon the Premises, in connection with the Building or improvements thereon or the Land during the Lease Term, caused by or resulting from any Tenant’s Changes on work performed, materials furnished or respecting the Premises not performed obligation incurred by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out Tenant. In the case of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement filing of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise notice of intent with respect thereto Tenant will promptly, and in any event within thirty (30) days after written the filing thereof, satisfy or release such lien by means of payment thereof, bonding Landlord against any loss occasioned thereby (in which case Tenant shall have the right in due diligence to contest and dispute such lien so long as such bond remains in place), or take such other action as may be otherwise acceptable to Landlord. Tenant hereby agrees to indemnify and save Landlord harmless from any legal expenses which Landlord may reasonably incur as a result of the filing of the lien or notice by Landlord; and if of intent and/or from any loss or liability incurred as a result of any lien filed against the Premises, the Building or improvements thereon, the Land and/or Tenant. If Tenant shall fail to do sodischarge any such mechanics, or materialmen's lien, Landlord may pay may, at its option, discharge the amount necessary to remove same and treat the cost thereof as additional rent payable with the monthly installment of Basic Rental next becoming due; it being hereby expressly covenanted and agreed that such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed discharge by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest not he deemed to waive or release the default of Tenant in not discharging the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessame.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep not permit any mechanic's lien or other liens to be placed upon the Property and Leased Premises free or the Building, the Leasehold Improvements thereon or the Complex during the term hereof caused by or resulting from any mechanic’swork performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against nothing contained in this Lease shall be deemed as constituting the consent or request of Landlord, express or implied, to any claimscontractor, liabilitiessubcontractor, judgementslaborer, or costs (including attorneys’ fees) arising out material man for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair to the Leased Premises, or any part thereof, nor as giving Tenant any authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's or other liens against the Leased Premises or the Building. If a lien is filed upon the Leased Premises or the Building, Tenant shall cause the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement be discharged of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise record within thirty (30) days after written notice by Landlord; and if filing of same. If Tenant shall fail to do sodischarge such mechanic's lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may pay discharge the same, either by paying the amount necessary claimed to remove be due, or by procuring the discharge of such lien by deposit in court or encumbrancebonding. Any amount paid by Landlord for any of the aforesaid purposes, without being responsible or for investigating the validity thereof. The amount so paid satisfaction of any other lien not caused by Landlord, with interest thereon at the maximum lawful rate provided from the date of payment, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available paid by Tenant to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work immediately on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdemand as Rent.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep will not permit any mechanic's liens or other liens to be placed upon the Premises, the Building, or the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained nothing in this Lease shall authorize Tenant be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to do any act which shall subject Landlord’s title person for the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property or Premises any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic's or other liens against the Premises, the Building, or encumbrancesthe Property. In the event any such lien is attached to the Premises, whether claimed by operation the Building, or the Property, then, in addition to any other right or remedy of law or express or implied contractLandlord, Landlord may, but shall not be obligated to, discharge the same. Any claim amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to a Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance upon claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Property Indemnities against all costs and liabilities resulting from such lien or Premises arising in connection claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with any Work on or respecting the Premises not performed by or at provisions of the request of Landlord foregoing sentence shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefore without the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesrequirement of any additional notice or cure period.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep (a) Lessee agrees:
(i) To pay for all labor, services and materials used by or furnished to Lessee or any contractor employed by Lessee with respect to the Property and Premises free from or any mechanic’spart thereof, materialman’swhether or not such labor, services, or similar liens materials were related to trade fixtures or other such encumbrances, including the liens works of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall improvement;
(ii) to indemnify, defend, protectand protect Lessor and the Premises from and against, and to hold Landlord Lessor and the Premises free and harmless from from, any and against any all liabilities, claims, liabilitiesliens, judgementsencumbrances, and judgments created or suffered in connection with such labor, services, or costs materials; and
(including attorneysiii) to permit Lessor to post and maintain notices of nonresponsibility on the Premises in accordance with California Civil Code Section 3094 or other similar statute hereafter enacted; provided that, nothing herein shall prevent Lessee from contesting in good faith the validity or amount of any lien, claim, encumbrance, or judgment, provided that, in the case of a mechanics’ feesor materialman’s lien, Lessee obtains and records an appropriate bond as provided by Law to remove the record lien created thereby.
(b) Should a judgment on any lien, charge, encumbrance, order, notice or violation be rendered against the Premises for which Lessor is not responsible hereunder, and should Lessee fail to discharge such judgment or take action to protest such judgment as provided herein, Lessor shall have the right, but not the obligation, to discharge said judgment. If Lessor exercises that option, any amount paid by Lessor shall be due from Lessee as Additional Rent, and subject to interest as provided above. Lessor shall be responsible for any lien, charge, encumbrance, order, notice or violation rendered against the Premises arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request on behalf of Landlord shall be null and voidLessor or any contractor on behalf of Lessor, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title except to the Property and Premisesextent such work is performed as a result of Lessee’s failure to comply with its obligations as provided in this Lease.
Appears in 1 contract
Sources: Ground Lease (American Pacific Corp)
Mechanic’s Liens. Tenant shall keep the Property is prohibited from making, and Premises free from any mechanic’sagrees not to make, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed alterations in and constituting part of the Premises, in connection with except as permitted by Item 13, and Tenant shall not permit any Tenantmechanic’s Changes on lien or respecting liens to be placed upon the Premises not performed or the Building or improvements thereon during the Term (as may be extended) hereof caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Landlord and shall indemnify, defend, protectTenant, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out in the case of the same or in connection with filing of any such lien, security interest, conditional sale Tenant will promptly pay or chattel mortgage statutorily bond same. If default in payment or any action or proceeding brought thereon. Tenant statutory bonding thereof shall give Landlord written notice at least twenty continue for ten (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (3010) days after written notice by Landlord; and if Tenant shall fail thereof from Landlord to do soTenant, Landlord may pay shall have the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null right and void, orprivilege, at Landlord’s option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, interest, and attorney’s fees, shall attach only against Tenant’s be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a ▇▇▇▇ therefor, together with interest per annum at the maximum rate permitted by law until repaid, and if not so paid within ten (10) days of the rendition of such ▇▇▇▇, shall constitute default under Item 19 hereof. The interest of Landlord shall not be subject to liens for improvements made by Tenant in or to the Premises or the Building. Tenant shall notify every contractor making such improvements of the provision set forth in the Premises immediately preceding sentence of this paragraph. The parties agree, should Landlord so request, to execute, acknowledge and shall in all respects be subordinate to Landlord’s title deliver without charge to the Property and Premisesother a Memorandum of Lease in recordable form containing a confirmation that the interest of Landlord (as well as those parties holding interests superior to, or inferior to, Landlord) shall not be subject to liens for improvements made by Tenant to the Premises or the Building.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s's, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s 's Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ ' fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s 's Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s 's title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s 's option, shall attach only against Tenant’s 's interest in the Premises and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.
Appears in 1 contract
Mechanic’s Liens. Tenant Sublessee shall keep the Property and Premises free from give Sublessor Notice of Sublessee's intention to perform any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes work on or respecting the Premises not performed by or at the request which might result in any claim of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice lien at least twenty (20) days prior to the commencement of such work on to enable Sublessor to post and record a notice of non-responsibility or other notice Sublessor deems proper prior to the commencement of any Tenant’s Change such work (or lesser period of time if Sublessee causes any such notices to be posted and recorded). Sublessee shall not permit any mechanic's, materialmen's or other liens to be filed against the property of which the Premises are a part or against Sublessee's leasehold interest in the Premises. If Sublessee fails to cause the release of record of any lien(s) filed against the Premises or its leasehold estate therein by payment or posting of a proper bond (or such additional time other protection of Sublessor's and Lessor's interest as they may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise reasonably require) within thirty (30) days after written notice from the date of receipt of Notice of the lien filing(s), then Sublessor may, at Sublessee's expense, cause such lien(s) to be released by Landlord; and if Tenant shall fail to do soany means Sublessor reasonably deems proper, Landlord may pay including, but not limited to, payment of or defense against the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title claim giving rise to the Property lien(s). All sums reasonably disbursed, deposited or Premises to any liens or encumbrances, whether claimed incurred by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising Sublessor in connection with any Work on the release of the lien(s), including but not limited to, all costs, expenses and reasonable attorneys' fees, shall be due and payable by Sublessee to Sublessor, as an item of Additional Rent, or respecting the Premises not performed deemed by or Sublessor, together with interest thereon at the request Applicable Rate from the date of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessuch demand until paid by Sublessee.
Appears in 1 contract
Sources: Sublease (Inflow Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from Section 8.1 The TENANT covenants not to suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrances, including to be filed against the liens of any security fee interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLANDLORD nor against TENANT's leasehold interest in the Demised Premises by reason of work, in connection with labor, services or materials supplied or claimed to have been supplied to the TENANT or any Tenant’s Changes on contractor, subcontractor or respecting the Premises not performed by any other party or person acting at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsthe TENANT, or costs (including attorneys’ fees) arising out anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the event any mechanic's lien shall be filed against the fee interest of the same LANDLORD or in connection with any such lienagainst the TENANT's leasehold interest the TENANT shall, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receiving notice of the filing thereof, cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond or order of a court of competent jurisdiction or otherwise. If TENANT shall fail to do socause such lien to be discharged or bonded within the period aforesaid, Landlord may then in addition to any other right or remedy, LANDLORD may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, by procuring the discharge of such lien by deposit by bonding proceedings, and in any such event, LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible for investigating the validity thereofcosts and allowances. The Any amount so paid by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the fee owner in connection therewith, including but not limited to premiums on any bonds filed and attorneys' fees, shall constitute Additional Rental payable by TENANT under this lease and shall be deemed Additional Rent under this Lease payable upon demand, without limitation as paid by TENANT to other remedies available to Landlord under this LeaseLANDLORD within ten days of demand therefor. Nothing contained in this Lease herein shall authorize Tenant obligate TENANT to do pay, discharge or bond-over any act which shall subject Landlord’s title to the Property lien created by LANDLORD or Premises to any liens party other than TENANT, its agents, employees or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisescontractors.
Appears in 1 contract
Sources: Lease Agreement (Gutbusters Pty LTD)
Mechanic’s Liens. Tenant shall keep agrees to promptly pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant or anyone holding the Property and Premises free from or any part thereof, through, or under Tenant in, at or about the Premises, or furnished to Tenant's agents, employees, contractors or subcontractors, which may be secured by any mechanic’s's, materialman’s, or similar liens material supplier's or other such encumbrances, including the liens type of lien against any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on Complex or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs Landlord's interest therein (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereona "LIEN"). Tenant shall give notify Landlord written of the filing of any Lien within three days after receiving notice at least twenty (20) of such filing. If Tenant fails, within 20 days prior after the date of the filing of the Lien, to discharge such Lien or pursuant to Minn. Stat. Section 514.10 deposit into court a sum determined by the court, Landlord may, but shall not be required or expected to, remove such Lien in such manner as Landlord may, in its sole discretion, determine, and the full cost thereof, together with all Landlord's fees and costs, including attorney fees, shall be due and payable by Tenant to Landlord immediately upon Tenant's receipt of Landlord's notice therefor. Tenant acknowledges that Landlord may post notice on the Premises of non-responsibility for such Liens and, in such event, Tenant shall so advise all contractors, materialmen, suppliers and other persons performing work or providing services and/or supplies to the commencement Premises on behalf of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (Adesso Healthcare Technology Services Inc)
Mechanic’s Liens. (a) Tenant shall keep not suffer or permit to be enforced against the Property and Premises free from or any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesProperty any mechanic's, in connection with any Tenant’s Changes on materialman's, contractor's or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) subcontractor's lien arising out of the same or in connection with any such lienwork of improvement, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. however it may arise.
(b) Tenant shall give notify Landlord written notice at least twenty ten (2010) days prior to the commencement of work on construction of any Tenant’s Change 's Work and Landlord shall have the right to post and record a notice of nonresponsibility in the Premises conformity with applicable law. Within ten (or such additional time as may be necessary under applicable Laws)10) days following completion of Tenant's Work, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove file a Notice of Completion and deliver to Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any such lien is filed against the Property or encumbrance by bond any portion thereof or otherwise against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within thirty ten (3010) days after written notice by Landlord; and if the filing thereof. In the event Tenant shall fail fails to do so, Landlord may pay obtain the amount necessary to remove such release and/or discharge of said lien or encumbranceand Tenant shall indemnify Landlord for the costs thereof, without being responsible for investigating including reasonable attorney's fees, together with interest at the Applicable Interest Rate from the date of demand. Nothing herein shall prohibit Tenant from contesting the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demandof any such asserted claim, without limitation as to other remedies available provided Tenant has furnished to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting release bond freeing the Premises not performed by or at from the request effect of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premiseslien claim.
Appears in 1 contract
Sources: Lease (Build a Bear Workshop Inc)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from Section 8.1 The TENANT covenants not to suffer or permit any mechanic’s, materialman’s, or similar 's liens or other such encumbrances, including to be filed against the liens of any security fee interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the PremisesLANDLORD nor against TENANT'S leasehold interest in the Demised Premises by reason of work, in connection with labor, services or materials supplied or claimed to have been supplied to the TENANT or any Tenant’s Changes on contractor, subcontractor or respecting the Premises not performed by any other party or person acting at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgementsthe TENANT, or costs (including attorneys’ fees) arising out anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the event any mechanic's lien shall be filed against the fee interest of the same LANDLORD or in connection with any such lienagainst the TENANT'S leasehold interest the TENANT shall, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written receiving notice of the filing thereof, cause the same to be discharged of record by Landlord; and if Tenant payment, deposit, bond or order of a court competent jurisdiction or to commence legal proceedings to remove such lien. If TENANT shall fail to do socause such lien to be discharged or bonded within the period aforesaid, Landlord may then in addition to any other right or remedy, LANDLORD may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, by procuring the discharge of such lien by deposit by bonding proceedings, any such event, LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount necessary to remove such lien or encumbranceof the judgment in favor of the lienor with interest, without being responsible costs and allowances, except as otherwise provided for investigating the validity thereofin any security agreement. The Any amount so paid by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the fee owner in connection therewith, including but not limited to premiums on any bonds filed and attorneys' fees, shall constitute Additional Rental payable by TENANT under this lease and shall be deemed Additional Rent under this Lease payable upon demand, without limitation as paid by TENANT to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation LANDLORD within ten days of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesdemand therefor.
Appears in 1 contract
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’sAll work performed, materialman’smaterials furnished, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party shall be deemed authorized and shall indemnify, defend, protectordered by Tenant only, and hold Landlord harmless from and Tenant shall not permit any mechanic’s liens to be filed against any claims, liabilities, judgements, the Premises or costs (including attorneys’ fees) arising out of the same or Project in connection with therewith. Upon completion of any such lienwork, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give deliver to Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or final lien waivers from all contractors, subcontractors and materialmen who performed such additional time as may be necessary under applicable Laws)work. If such a lien is filed, in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. then Tenant shall remove any such lien or encumbrance by bond or otherwise shall, within thirty (30) days after written Landlord has delivered notice by of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount of the lien and cause the lien to be released of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord; and if . If Tenant shall fail fails to do sotimely take either such action, then Landlord may pay the amount necessary lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to remove such lien Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or encumbranceother similar relationships). Accordingly, without being responsible all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting OFFICE LEASE AGREEMENT ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Arcutis, Inc. 12 with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for investigating the validity thereoffurnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. The amount so paid Nothing herein shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to a consent by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance being placed upon the Property Premises, Project or Premises Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising in connection with from or relating to the failure by any Work on Tenant Party to pay for any work performed, materials furnished, or respecting the Premises not performed obligations incurred by or at the request of Landlord a Tenant Party. The foregoing indemnity shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisessurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from any mechanic’s, materialman’s, or similar liens or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting the Premises not performed by or at the request of Landlord and shall indemnify, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant shall give Landlord twenty (20) days’ prior written notice before any construction work on the Premises is undertaken by or on behalf of Tenant. Tenant shall do all things reasonably necessary to prevent the filing of any mechanics’ liens or other liens against the Premises, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises, or any part thereof, through or under Tenant. Without limiting the generality of the foregoing, Tenant shall record a notice of completion promptly upon the completion of any such work, labor, services or supplying of materials, in the manner permitted by law. If any such lien shall at least any time be filed, Tenant shall promptly notify Landlord of same and shall either cause the same to be discharged of record within twenty (20) days prior to after the commencement date of work on any filing the same, or, if Tenant’s Change , in the Premises (or its discretion and good faith, determines that such additional time lien should be contested, it shall furnish such security as may be necessary under applicable Laws)required by law to prevent any foreclosure proceedings against the Premises, in order to afford Landlord or any part thereof, or Tenant’s interest therein, during the opportunity pendency of posting and recording appropriate notices of nonresponsibilitysuch contest. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord; and if If Tenant shall fail to do sodischarge such lien within such period or fail to furnish such security, then, in addition to all other rights or remedies, Landlord may pay may, but shall not be obligated to, discharge the same no sooner than five (5) days after delivery of written notice to Tenant (and assuming Tenant has not cured its default within that period of time) (i) by paying the amount necessary claimed to remove be due, (ii) by procuring the discharge of such lien by deposit in court, (iii) by giving security, or encumbrance(iv) in such other manner as is, without being responsible or may be, prescribed by law. Any amount paid by Landlord for investigating any of the validity thereof. The amount so paid aforesaid purposes, including all reasonable attorney’s fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the rate of ten percent (10%) per annum or the maximum rate permitted by law, whichever is less, from the date of payment, shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available repaid by Tenant to Landlord under this Leaseon demand. Nothing herein contained in this Lease shall authorize Tenant to do imply any act which shall subject Landlord’s title to consent or agreement on the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request part of Landlord shall be null and voidto subject the Premises, oror any part thereof, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesliability under any mechanics’ lien law.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. Prior to Tenant performing any construction or other work on or about the Premises for which a lien could be filed against the Premises or the Development, Tenant shall keep enter into a written “no-lien” agreement satisfactory to Landlord with the Property contractor who is to perform such work, and Premises free from such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanic’s, materialman’s, or similar liens mechanics’ or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Tenant (and expressly excluding any work that Landlord and shall indemnifymay perform at Tenant’s request), defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written ▇▇▇▇▇▇’s receipt of notice by Landlord; and of the filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with ▇▇▇▇▇▇▇▇’s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.
Appears in 1 contract
Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)
Mechanic’s Liens. Tenant shall keep the Property and Premises free from If any mechanic’s, materialman’s, or similar liens mechanics' or other such encumbrances, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises, in connection with any Tenant’s Changes on or respecting lien shall be filed against the Premises not performed by or the Development purporting to be for labor or material furnished or to be furnished at the request of Landlord and shall indemnifyTenant, defend, protect, and hold Landlord harmless from and against any claims, liabilities, judgements, or costs (including attorneys’ fees) arising out of the same or in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. then Tenant shall give Landlord written notice at least twenty (20) days prior to the commencement of work on any Tenant’s Change in the Premises (or such additional time as may be necessary under applicable Laws), in order to afford Landlord the opportunity of posting and recording appropriate notices of nonresponsibility. Tenant shall remove any its expense cause such lien or encumbrance to be discharged by payment, bond or otherwise within thirty (30) days after written notice by Landlord; and of filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with L▇▇▇▇▇▇▇'s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to do sotake such action within such thirty (30) day period, Landlord may pay cause such lien to be discharged by payment, bond or otherwise, without investigation as to the amount necessary validity thereof or as to remove any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including reasonable attorney's fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, costs, damages, liabilities and expenses (including reasonable attorney's fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Property or Premises to any liens or encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or, at Landlord’s option, shall attach only against Tenant’s interest in the Premises and shall in all respects be subordinate to Landlord’s title to the Property and Premisesits discharge.
Appears in 1 contract
Sources: Office Lease Agreement (Cognition Therapeutics Inc)