Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty (30) 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, 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. 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All This Lease and State law strictly forbids the filing of any liens whatsoever by any contractor, subcontractor, materialmen, laborer or other person for any work performed, materials furnished, or obligations incurred performed by or at the request of Tenant in or about the Premises. Notice of such prohibition may be given to such persons in a Tenant Party memorandum of lease recorded in the public records of the county in which the Premises is located. The purpose of this Section is to expressly exculpate and insulate Landlord from any liability whatsoever for the cost of any such work performed by or at the request of Tenant. The interest of Landlord in the Premises shall not be deemed authorized and ordered by Tenant onlysubject to foreclosure with respect to any such liens. In addition, and Tenant shall not permit cause any mechanic’s liens to be lien filed against the Premises or the Project in connection therewith. Upon completion violation of any such work, Tenant shall deliver this Section 14 to Landlord final lien waivers from all contractors, subcontractors be released and materialmen who performed such work. If such a lien is filed, then Tenant shall, discharged within thirty ten (3010) days after Landlord's written demand therefore and Tenant shall indemnify and hold Landlord has delivered notice harmless from and against any such lien and any cost, damages, charges and expenses incurred in connection with any such lien, including, without limitation, attorneys fees. Nothing contained in this Section 14, or the Lease, shall authorize Tenant to do any act which may create or be the foundation for any lien, mortgage or other encumbrance upon the reservation or other estate of the filing thereof to Tenant (Landlord, or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein in the Premises, or in the imposition Property or improvements thereof; it being agreed that should Tenant cause any alterations, changes, additions, improvements or repairs to be made in the Premises, or cause materials to be furnished or labor to be performed therein, neither Landlord nor the Premises shall, under any circumstances, be liable for the payment of a civil any expenses incurred or criminal fine with respect thereto)for the value of any work done or material furnished to the Premises or any part thereof. Tenant shall, either:
(1) pay the amount upon request of Landlord, deliver such documents as may be required by Landlord in order to effectuate the lien protection required by this Section; all such alterations, changes, additions, improvements and cause the lien to be released of record; or (2) diligently contest such lien repairs 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, materials and any amounts so paid, including expenses and interest, labor shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord at Tenant's expense; 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 other similar relationships). Accordingly, all materialmen, and wholly responsible to 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 materialmen furnishing of any labor, services, materials, supplies or equipment with respect labor and materials to any portion of the Premises, at or any time from the date hereof until the end part thereof. Tenant shall inform every service or material provider of the Term, are hereby charged foregoing provisions prior to contracting with notice that they look exclusively to Tenant to obtain payment any of them for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project goods 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseservices.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Section 10.1 Freedom from Liens. Tenant shall not suffer or permit any mechanic’s 's liens or other liens to be filed against the Demised Premises by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Project in connection therewithDemised Premises at the request of Tenant or any party acting by, through or under Tenant. Upon completion of If any such workmechanic's liens or other liens are at any time filed against the Demised Premises, or any portion thereof, Tenant shall deliver cause the same to Landlord final lien waivers from all contractorsbe discharged of record, subcontractors and materialmen who performed such work. If such or shall cause the same to be insured by a lien is filedtitle insurance company reasonably acceptable to Landlord, then Tenant shall, in either case within thirty (30) 30 days after Landlord has delivered notice the date of the filing thereof. If Tenant fails to discharge or insure over such mechanic's liens or other liens within such period, then, in addition to any other right or remedy of Landlord, after five days' prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such liens, the foreclosure 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 other proceedings with respect thereto), either:
(1) pay of a cash sum sufficient to secure the amount discharge of the lien and cause same, or by the lien to be released deposit of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory with such court sufficient in form, content and amount to procure the discharge of such liens, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such liens as a lien against the Demised Premises. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any amount paid by Landlord. If Tenant fails to timely take either such action, then Landlord may pay or the lien claimvalue of any deposit so made by Landlord, together with all costs, fees and any amounts so paidexpenses in connection therewith (including, including expenses and interestwithout limitation, reasonable attorneys' fees of Landlord), together with interest thereon at the Maximum Rate of Interest, shall be paid repaid by Tenant to Landlord within thirty (30) days after on demand by 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” treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any and all Claims arising or resulting, in whole or in part, directly or indirectly, from the assertion, filing, foreclosure or other similar relationships)legal proceedings with respect to any such mechanic's liens or other liens. Accordingly, all All materialmen, contractors, artisans, mechanics, laborers and any other persons person 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 to Tenant with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Nothing herein Notice is hereby given that Landlord shall not be deemed a consent by Landlord liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens or other liens for any liens being placed upon such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect 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 estate or interest of Landlord in any funds held by Landlord and to reimburse Tenant for any portion of the cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseDemised Premises.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or obligations incurred by comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or at the request existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the hen, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project in connection therewithhas been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least 15 days prior to the commencement of any such workwork included in Article 11 in or to the Premises, by or for Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premises, Project or any interest of Landlord therein or persons supplying labor and materials for 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. 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 thirty (30) days after Landlord has invoiced Tenant thereforproposed work. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that will have the right to post notices of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” nonresponsibility or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and written notices on the Premises in order to protect the Premises against 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseliens.
Appears in 1 contract
Sources: Office Lease (Idt Corp)
Mechanic’s Liens. All work performed, materials furnished, Tenant hereby indemnifies and holds harmless Landlord from and against any liabilities and/or obligations for any and all liens or 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 encumbrances filed against the Premises Property or any part thereof or interest therein arising out of or resulting from the Project Stairway/Common Area Work (excepting only liens filed by architects or engineers retained by Landlord in connection therewithwith the Stairway/Common Area Work), the Tenant’s Work or any other work performed by Tenant under this Lease. Upon completion Tenant, at its expense, shall procure the discharge of all such liens and encumbrances within ten (10) days after the filing of any such work, lien or encumbrance against the Premises and/or the Property or any part thereof. If Tenant shall deliver fail to cause any such lien or encumbrance to be discharged within such ten (10) day period, then, in addition to any other right or remedy, Landlord final may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) 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, 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 judgment in favor of the lien to be released of record; or (2) diligently contest such lien with interest, costs and deliver to Landlord a bond or other security reasonably satisfactory to allowances. Without limiting the foregoing, any amount so paid by Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paidall costs and expenses incurred by Landlord in connection therewith, including expenses shall constitute Additional Rent under this Lease and interest, shall be paid by Tenant to Landlord within thirty on demand. In addition, without limiting the foregoing, if (30i) days after Tenant bonds over or discharges a lien, and (ii) it is subsequently determined in an action or arbitration proceeding, that the lien was filed solely as a result of a failure of Landlord has invoiced Tenant therefor. Landlord to pay the Landlord’s Contribution when due, then, without limitation 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 other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and in addition to any other persons now remedy available to Tenant as a result thereof, Landlord shall reimburse Tenant for all costs and expenses incurred by Tenant in connection with bonding or hereafter contracting discharging said lien, together with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for interest at the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time Default Rate from the date hereof such payment was due until the end of the Term, are hereby charged with notice date that they look exclusively Landlord pays such amount 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseTenant.
Appears in 1 contract
Sources: Sublease (Tokai Pharmaceuticals Inc)
Mechanic’s Liens. All work performedYou (the Tenant) shall have no authority, materials furnishedexpress or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or obligations incurred by in any manner to bind the interests of Landlord in the Premises or at to charge the request rentals payable hereunder for any claim in favor of a Tenant Party 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 deemed authorized and ordered by Tenant onlyconstrued as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, and Tenant it being expressly understood that the Landlord’s estate shall not permit any mechanic’s 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 filed paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the Project in connection therewith. Upon completion improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of any such workasserted claims or liens against the leasehold estate or against (he right, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors title and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice interest of the filing thereof Landlord in the Premises or under the terms of this Lease. You agree to Tenant (give Landlord immediate written notice if any lien or such earlier time period as may be necessary encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to prevent the forfeiture improvements, additions, alterations, repairs or reconstruction of or to the Premises, Project or any interest of you and the Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
each agree and confirm that: (1i) 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 thirty (30) days after Landlord has invoiced Tenant therefor. not consented nor will 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 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 ever consent to the furnishing of any laborlabor or 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; (ii) You are not the agent of Landlord for the purposes of any such improvements, servicesadditions, materialsalterations, supplies repairs or equipment with respect reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any portion payment to or for the benefit of any person furnishing labor or materials in connection (herewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against the interest of Landlord 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 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 property is increased by inclusion of personal property, furniture or fixtures placed by you in the Premises, at any time from and Landlord elects to pay the date hereof until the end of the Termtaxes based on such increase, are hereby charged with notice you shall pay to Landlord upon demand 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 part of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasetaxes.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, Section 8.1 The TENANT covenants not to suffer or 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 's liens to be filed against the fee interest of the LANDLORD nor against TENANT'S Leasehold interest in the Demised Premises by reason of work, labor, services or materials supplied or claimed to have been supplied to the TENANT or any contractor, subcontractor or any other party or person acting at the request of the TENANT, or anyone holding the Demised Premises or any part thereof through or under the Project TENANT. TENANT agrees that in connection therewith. Upon completion the event any mechanic's lien shall be filed against the fee interest 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 the LANDLORD or against the TENANT'S Leasehold interest the TENANT shall, within thirty (30) days after Landlord has delivered receiving notice of the filing thereof thereof, cause the same to Tenant (be discharged of record by payment , deposit, bond 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 order of a civil court of competent jurisdiction or criminal fine otherwise. If TENANT shall fail to cause such lien to be discharged or bonded with respect thereto)the period aforesaid, either:
(1) 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 of the lien and cause judgment in favor of 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 lienor with interest, shall be costs and allowances. Any amount so paid by Tenant LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the fee owner in connection therewith, including, but not limited to Landlord premiums on any bonds filed and attorneys' fees, shall constitute Additional Rental payable by TENANT to LANDLORD within thirty (30) ten days after Landlord has invoiced Tenant of demand 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Intelli Check Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 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 lien is filed, then Tenant shall, within thirty ten (3010) 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, 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. 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 thirty ten (3010) 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 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 INDEMNIFYTenant shall indemnify, DEFEND AND HOLD HARMLESS LANDLORDdefend and hold harmless Landlord, ITS PROPERTY MANAGERits Property Manager, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGInvesco, AND THEIR RESPECTIVE OFFICERSany subsidiary or affiliate of the foregoing, DIRECTORSand their respective officers, SHARE-HOLDERSdirectors, PARTNERSshareholders, EMPLOYEESpartners, MANAGERSemployees, CONTRACTORSmanagers, ATTORNEYS AND AGENTS contractors, attorneys and agents (COLLECTIVELYcollectively, THE the “INDEMNITEESIndemnitees”) FROM AND AGAINST ALL CLAIMSfrom and against all claims, DEMANDSdemands, CAUSES OF ACTIONcauses of action, SUITSsuits, JUDGMENTSjudgments, DAMAGES AND EXPENSES damages and expenses (INCLUDING 151177627 v8 REASONABLE ATTORNEYSincluding attorneys’ FEESfees) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMEDin any way arising from or relating to the failure by any Tenant Party to pay for any work performed, MATERIALS FURNISHEDmaterials furnished, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 or construction 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 unconditional lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) ten 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
either (1a) pay the amount of the lien and cause the lien to be released of record; , or (2b) 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 thirty (30) ten 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 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 in 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 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, the 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Mimecast LTD)
Mechanic’s Liens. All work performed, materials furnished, or 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 '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 lien is filed, then Tenant shall, within thirty (30) 20 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, and such failure continues for five Business Days following a second notice from Landlord to Tenant that includes the following warning in bold, all caps type: "WARNING: FAILURE OF TENANT TO RESPOND TO CURE THE CITED LIEN WITHIN FIVE BUSINESS DAYS FOLLOWING THE DATE OF THIS NOTICE WILL RESULT IN LANDLORD'S ABILITY TO PAY SUCH LIEN CLAIMANT, AT TENANT'S COST," then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) 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 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, the Project or Landlord’s '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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including reasonable attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party(subject to Landlord’s obligation to pay the Construction Allowance with respect to the Work pursuant to Exhibit D). The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Blucora, Inc.)
Mechanic’s Liens. All work performed, materials furnished, or 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 Premises, the Building, or the Project in connection therewithLand. Upon completion of any such worknon-routine service, improvement or alteration that exceeds the aggregate cost of $5,000.00 in any calendar year, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed contractors involved in such work. If such a lien is filed, then Tenant shall, within thirty (30) 20 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, Project the Building, the Land or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
: (1a) pay the amount of the lien and cause the lien to be released of record; or (2b) diligently contest such lien and deliver to Landlord discharge the same, by the deposit of a bond or other security reasonably satisfactory with a court sufficient in form, content and amount to Landlordprocure the discharge of such lien. 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 thirty (30) 20 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 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, prospective contractors are hereby charged with notice that they look exclusively to Tenant to obtain payment for same, and that Tenant has no authority to cause Landlord to enter into any contract. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project the Building, the Land or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman Contractor any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. TENANT SHALL INDEMNIFYTenant shall indemnify, DEFEND AND HOLD HARMLESS LANDLORDdefend and hold harmless the Landlord Indemnitees from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by Tenant to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of Tenant. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Zynex Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty (30) 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, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including reasonable and necessary expenses and interest, shall be paid by Tenant to Landlord within thirty (30) ten days after Landlord has invoiced Tenant therefortherefore together with interest at the rate of 8% per annum. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease. Landlord agrees that Tenant’s foregoing obligations shall not apply to the extent the lien arises from a failure of Landlord to pay the relevant installment of the Construction Allowance if properly payable to Tenant, but such exception shall apply only so long as such installment is not paid to Tenant after being due Tenant. 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Omega Protein Corp)
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear, and harmless of and from all mechanics' 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 pursuant to the Workletter. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such l0-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or obligations incurred by comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or at the request existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred In connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project in connection therewithhas been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least 15 days prior to the commencement of any such workwork (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premisespersons supplying labor and materials for the proposed work. Landlord will have the right to post notices of nonresponsibility or similar written notices on the Premises in order to protect the Premises against any such liens. At the end of ___ Lease, Project or any interest of Landlord therein or Tenant will promptly quit and surrender the imposition of a civil or criminal fine with respect thereto)Premises broom-clean, either:
(1) pay the amount of the lien In good order and cause the lien to be released of record; or (2) diligently contest such lien repair, ordinary wear and tear excepted and deliver all keys to Landlord a bond or other security reasonably satisfactory the Premises and the Building to Landlord. If Tenant fails to timely take either such actionis not then in default, then Landlord Tenant may pay remove from the lien claimPremises any trade fixtures, equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any amounts so paidtrade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building, including expenses or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant will remove such alterations, additions, improvements, trade fixtures, equipment, and interest, shall be paid by Tenant to Landlord within thirty (30) days after furniture as Landlord has invoiced requested in accordance with Article 14. Tenant thereforwill fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions, and improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions, and improvements on the Premises after the end of the Term will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by 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 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 without notice to Tenant or any other person and without obligation to account for them. Tenant Party will pay Landlord for all expenses incurred in connection with the furnishing removal of any laborsuch property, services, materials, supplies or equipment with respect including but not limited 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 storage, and the cost of repairing any damage to the Building or Premises caused by the removal of such workproperty. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall Tenant's obligation to observe and perform this covenant will survive the expiration or other termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 suffer any mechanic’s liens mechanics' lien to be filed against the Premises by reason of work, labor, services or the Project materials performed or furnished to Tenant in connection therewithwith any alterations, additions, or improvements to the Premises by Tenant hereunder. Upon completion of If any such workmechanics' lien shall at any time be filed against the Premises, Tenant shall deliver have the right to Landlord final lien waivers from contest and any and all contractorssuch liens; provided, subcontractors and materialmen who performed such work. If such however, that Tenant shall cause the same to be discharged of record by payment, bond, order of a lien is filed, then Tenant shall, court of competent jurisdiction or otherwise within thirty (30) days after Landlord has delivered written notice 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 by Landlord. If Tenant fails shall fail to timely take either cause such actionlien to be discharged within such thirty (30) day period, then then, in addition to any other right or remedy, Landlord may pay may, but shall not be obligated to discharge the lien claimsame by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by Landlord, and any amounts the amount so paidpaid by Landlord and/or all reasonable costs and expense, including expenses and interestreasonable attorneys' fees, incurred by Landlord in procuring the discharge of such lien, together with interest thereon at the Default Rate of 18% from the date paid until repaid by Tenant to Landlord, shall be paid deemed to be additional rent for the Premises and shall be due and payable by Tenant to Landlord within thirty on the first day of the next following month. Pursuant to the provisions of Florida Statutes (301977) 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 other similar relationships). Accordingly713.10, all materialmenparties hereto acknowledge that the interest of the Landlord herein, contractorsas owner of the underlying real property, artisans, mechanics, laborers shall not be subject to liens for improvements made by the Tenant and the imposition of such a lien is expressly prohibited. The Tenant shall notify the contractor making any other persons now such improvements of this provision and the knowing or hereafter contracting with Tenant, any contractor or subcontractor willful failure of Tenant or any other to provide such notice to the contractor shall render the contract between the Tenant Party for and the furnishing of any labor, services, materials, supplies or equipment with respect to any portion contractor voidable at the option of the Premises, at any time from the date hereof until the end contractor. The interest of the Term, are hereby charged with notice Landlord shall not be subject to liens for improvements made by Tenant and the parties acknowledge 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 short form of the cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of Lease Agreement may be recorded in the public records expressly referencing this Leaseparagraph.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 keep the Premises and all parts thereof at all times free of mechanic’s liens to be filed and any other lien for labor, services, supplies, equipment or material purchased or procured, directly or indirectly, by or for Tenant. Tenant further agrees that Tenant will promptly pay and satisfy all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys fees and costs reasonably incurred in and about the Premises or the Project in connection therewith. Upon completion defense of any suit in discharging the Premises, from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such worklien shall be made or filed, 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, bond against or discharge the same within thirty sixty (3060) days after the same had been made or filed and Tenant has actual notice thereof. The foregoing notwithstanding, in the event Landlord should be in the process of either selling the Premises of refinancing the Premises then Tenant shall bond against or discharge an such lien within ten (10) days after the same had been made or filed and Tenant has delivered actual notice thereof. It is understood and agreed between the parties hereto that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien for Rent. The Tenant herein shall not have any authority to create any liens for labor or material on the Landlord’s interest in the Premises and all persons contracting with the Tenant for the construction or removal of the filing thereof to Tenant (any facilities or such earlier time period as may be necessary to prevent the forfeiture of other improvements on or about 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. 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 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 other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, and 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 must look exclusively only to the Tenant and to obtain the Tenant’s interests in the Premises to secure the payment of any ▇▇▇▇ for samework done or material furnished at the request or instruction of Tenant. Nothing herein In accordance with Florida Statutes 713.10, Landlord shall be deemed a consent by have the right to post on the Premises and to file and/or record in the Public Records or court registry, as applicable, notices of non-responsibility and such other notices as Landlord to may reasonably deem proper for the protection of Landlord’s interest in the Premises. Tenant shall, before the commencement of any liens being placed upon work which might result in any lien on the Premises, Project or Landlord’s interest therein due give Landlord reasonable written notice under the circumstances of its intention 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 commence said work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All Tenant agrees that it will pay or cause to be paid all costs for all work performed, materials furnished, done by it or obligations incurred caused to be done by or at it on the request of a Tenant Party shall be deemed authorized and ordered by Tenant onlyDemised Premises, and Tenant will keep the Demised Premises free and clear of all mechanic's liens and other liens on account of work done for Tenant or persons claiming under it. Tenant agrees to and shall indemnify, defend and save the Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of Hen of laborers or materialmen or others for work performed or materials or supplies furnished for the Tenant or persons claiming under it. If the tenant shall desire to contest any claim of lien, it shall furnish the Landlord adequate security of the value or in the amount of the claim, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, the Tenant shall pay and satisfy the same at once. If the Tenant shall be in default in paying any charge for which a mechanic's lien claim and suit to foreclose the Lien have been filed, and shall not permit have given the Landlord security to protect the property and the Landlord against such claim of lien, the Landlord may (but shall not be required to) pay the said claim and any mechanic’s liens costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from the Tenant to the Landlord, and the Tenant shall pay the same to Landlord with interest at a maximum rate allowed under the Law of the State of California in effect at the time this Lease was executed from the dates of the Landlord's payments. Should any claims of lien be filed against the Demised Premises or any action affecting the Project title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. The Landlord or its representatives shall have the right to go upon and inspect the Demised Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility, or such other notices which the Landlord may deem to be proper for the protection of the Landlord's interest in connection therewiththe Demised Premises. 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 The Tenant shall, within thirty (30) days after before the commencement of any work which might result in any such lien, give to the Landlord has delivered written notice of his intention to do so in sufficient time to enable 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. 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 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 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 posting of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasenotices.
Appears in 1 contract
Mechanic’s Liens. All work performed(a) Throughout the Lease Term and any Renewal Term, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s liens to stand against the Demised Premises or any part thereof, by reason of any work, labor, services or materials done for, or supplied, or claimed to have been done for, or supplied to, Tenant or anyone holding the Demised Premises or any part thereof through or under Tenant. If any such lien shall at any time be filed against the Premises or the Project in connection therewith. Upon completion of any such workDemised Premises, Tenant shall deliver cause the same to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, be discharged of record within thirty ten (3010) business days after Landlord has delivered Tenant shall receive notice of the filing thereof same, by either payment, deposit or bond. If Tenant shall fail to Tenant (discharge any such lien within such period, then, in addition to any other right or such earlier time period as may remedy of Landlord, Landlord may, but shall not be necessary to prevent obligated to, procure the forfeiture discharge of the Premisessame either by paying the amount claimed to be due by deposit in court or bonding, Project or any interest and/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of Landlord therein or an action for the imposition foreclosure of a civil or criminal fine with respect thereto), either:
(1) such lien by the lienor and to pay the amount of the lien judgment, if any, in favor of the lienor with interest, costs and cause allowances. Any amount paid or deposited by Landlord for any of the lien to be released aforesaid purposes, and all legal and other expenses of record; Landlord, including counsel fees, in defending any such action or (2) diligently contest in or about procuring the discharge of such lien lien, with all necessary disbursements in connection therewith, together with interest thereon at the Interest Rate from the date of payment or deposit, shall become due and deliver to Landlord a bond or other security reasonably satisfactory payable forthwith by Tenant to Landlord. If Tenant fails to timely take either such action, then Landlord may pay or, at the lien claim, and any amounts so paid, including expenses and interestoption of Landlord, shall be paid payable by Tenant to Landlord within thirty as Additional Rent.
(30b) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and Nothing in this Lease shall be solely that deemed to be, or construed in any way as constituting, the consent or request of “landlord-tenant” (thereby excluding a relationship Landlord, expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of “owner-contractor,” “owner-agent” any labor 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 labormaterials for any construction, servicesrebuilding, alteration or repair of or to the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials, supplies which might in any way give rise to the right to file any lien against or equipment with respect Landlord's interest in the Demised Premises. Landlord shall have the right to post and keep posted at all reasonable times upon the Demised Premises 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 notices which Landlord shall be deemed a consent by required so to post for the protection of Landlord to and/or the Demised Premises from 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaselien.
Appears in 1 contract
Sources: Lease Agreement (Osteotech Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty (30) 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. 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 thirty (30) ten 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 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 3094 in connection with any work performed by Tenant. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS damages and expenses (COLLECTIVELY, THE “INDEMNITEES”including attorneys’ fees) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYin any way arising from or relating to the failure by any Tenant Party to pay for any work performed or materials furnished. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Earthlink Inc)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s liens to be filed 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 (or claiming to hold) the Project in connection therewithPremises or any part thereof through or under Tenant. Upon completion of If any such workmechanic’s liens or notice of lien shall at any time be filed against the Premises on account of an alleged debt of Tenant or any notice of lien by a party engaged by Tenant or ▇▇▇▇▇▇’s contractor or materialmen to work on the Premises, Tenant shall deliver cause the same to Landlord final lien waivers from all contractorsbe discharged of record by payment, subcontractors and materialmen who performed such work. If such a lien is fileddeposit, then Tenant shallbond, order of court of competent jurisdiction or otherwise within thirty forty-five (3045) days after Landlord has delivered notice the date of filing the same, or in the event such party disputes the validity of such lien, such party may deposit 110% of the filing thereof to Tenant (amount claimed by the lien holder in escrow with a title insurance company, and/or the other party, or such earlier time period as may be necessary to prevent the forfeiture prescribed by law as security against foreclosure 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 Landlordlien. If Tenant fails to timely take discharge such mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord hereunder, Landlord 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 action, then lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord may pay for any of the lien claimaforesaid purposes, and any amounts so paidall reasonable legal and other expenses of such party, including expenses and interestreasonable attorneys’ fees, in procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of five percent (5%) per annum from the date of payment shall be paid repaid by Tenant on demand. Any such amount owed by Tenant to Landlord within thirty (30) days shall become immediately due and payable by ▇▇▇▇▇▇ as Additional Rent with the next succeeding installment of monthly Base Rent which shall become due 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 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 samesuch demand. Nothing herein contained shall be deemed a imply any consent by or agreement on the part of Landlord to any liens being placed upon the Premises, Project or subject Landlord’s interest therein due estate to liability under 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasemechanic’s lien law.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. All Tenant shall keep the Premises free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. Tenant shall indemnify, defend and hold Landlord harmless against any claim, demand, liability or expense on account of claims for work done or materials supplied for Tenant or persons claiming under it. In the event Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting or a proper bond, Landlord shall have, in addition to all other remedies provided herein and at law or in equity, the right, but no obligation, to cause same to he released by such means as it shall deem proper including, but not limited to, payment of the claim giving rise to such lien. All such sums paid by Landlord and all expense incurred by it in connection therewith shall be considered INITIAL: Landlord /si/ SS Tenant /si/ PBH -------- --------- additional rent and shall be payable to it by Tenant on demand with interest at the request maximum rate permitted by law. Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and Completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated costs of a Tenant Party any improvements, additions or alterations to the premises to insure Landlord and the Building from and against any liability for mechanic's or materialmen's liens and to insure completion of the work. Landlord shall be deemed authorized have the right at all times to post and ordered keep posted on the Premises any notices permitted or required by Tenant onlylaw, or which Landlord shall deem proper, for the protection of Landlord, the Building and any other party having an interest therein from mechanic's and materialmen's liens, and Tenant shall not permit any mechanic’s liens give to be filed against the Premises or the Project in connection therewith. Upon completion Landlord at least five (5) business days' prior notice of commencement 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 thirty (30) 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 work on 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. 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Mechanic’s Liens. All Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work performed, done or materials or supplies furnished, or obligations incurred claimed to have been done or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or at for Tenant) which might be or become a lien or encumbrance or charge upon the request Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. If any lien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a Tenant Party shall be deemed authorized and ordered party engaged by Tenant only, and Tenant or Tenant’s contractor to work on the Demised Premises shall not permit any mechanic’s liens to be filed against the Premises Building or the Project in connection therewith. Upon completion of any such workpart thereof, 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 shallTenant, within thirty ten (3010) business days after Landlord has delivered notice of the filing thereof thereof, will cause the same to Tenant (or such earlier time period as may be necessary to prevent the forfeiture discharged of the Premisesrecord by payment, Project or any interest of Landlord therein or the imposition deposit, bond, order of a civil court of competent jurisdiction or criminal fine with respect thereto)otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period aforesaid, either:
(1) then, in addition to any other right or remedy, Landlord 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, 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 of the lien judgment in favor of the lienor with interest, costs and cause the lien to be released of record; or (2) diligently contest such lien allowances. Any amount so paid by Landlord 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, all reasonable out-of-pocket costs and any amounts so paidexpenses, including expenses attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and interest, shall be paid by Tenant to 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 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 sameon demand. Nothing herein contained shall be deemed a consent obligate Tenant to pay or discharge any lien created 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Opgen Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 mechanics' liens to be filed against the Premises or the Project Complex in connection therewith. Upon completion of any such workwork (other than Minor Alterations), Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen material men who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) ten 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, Project the Complex or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
either (1) pay the amount of the lien and cause the lien to be released of record; , (2) insure over or bond off such lien to Landlord's reasonable satisfaction, or (23) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either any 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 thirty ten (3010) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-of"landlord tenant” " (thereby excluding a relationship of “"owner-contractor,” “" "owner-agent” " or other similar relationships). Accordingly, all materialmenmaterial men, contractors, artisans, mechanics, laborers and any 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 TermTe=, 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 the Complex or Landlord’s 's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman material man any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. TENANT SHALL INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and defend and hold Landlord, the Premises, and the Project free, clear and harmless of and from all mechanics' 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 pursuant to the Workletter. If any such lien, at any time, is filed against the Premises or any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest, or obligations incurred by comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or at the request existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at one. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project in connection therewithhas been commenced on account of work done by or for or materials furnished or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least 15 days prior to the commencement of any such workwork (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premises, Project or any interest of Landlord therein or persons supplying labor and materials for 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. 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 thirty (30) days after Landlord has invoiced Tenant thereforproposed work. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that will have the right to post notices of “landlordnon-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” responsibility or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and written notices on the Premises in order to protect the Premises against 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseliens.
Appears in 1 contract
Sources: Office Lease (International Cosmetics Marketing Co)
Mechanic’s Liens. All Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work performed, done or materials or supplies furnished, or obligations incurred claimed to have been done or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or at for Tenant) which might be or become a lien or encumbrance or charge upon the request Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. If any lien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a Tenant Party shall be deemed authorized and ordered party engaged by Tenant only, and Tenant or Tenant's contractor to work on the Demised Premises shall not permit any mechanic’s liens to be filed against the Premises Building or the Project in connection therewith. Upon completion of any such workpart thereof, 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 shallTenant, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof thereof, will cause the same to Tenant (or such earlier time period as may be necessary to prevent the forfeiture discharged of the Premisesrecord by payment, Project or any interest of Landlord therein or the imposition deposit, bond, order of a civil court of competent jurisdiction or criminal fine with respect thereto)otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period aforesaid, either:
(1) then, in addition to any other right or remedy, Landlord 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, 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 of the lien judgment in favor of the lienor with interest, costs and cause the lien to be released of record; or (2) diligently contest such lien allowances. Any amount so paid by Landlord 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, all costs and any amounts so paidexpenses, including expenses reasonable attorneys' fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and interest, shall be paid by Tenant to 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 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 sameon demand. Nothing herein contained shall be deemed a consent obligate Tenant to pay or discharge any lien created 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Building Lease (Pe Corp)
Mechanic’s Liens. All work performedIf Tenant makes any alterations or improvements in the Premises, materials furnished, or obligations incurred by or at Tenant must pay for same when made. Nothing in the request of a Tenant Party Lease shall be deemed authorized and ordered by construed to authorize Tenant onlyor anyone dealing with or under Tenant, and Tenant shall not permit any mechanic’s liens to be filed against charge 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 lien is filed, then Tenant shall, within thirty (30) 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 rents of the Premises, Project or any the property of which the Premises form a part, or the interest of Landlord therein in the estate of the Premises, or any person under and through whom Landlord has acquired its interest in the imposition 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 the making of any such alterations or improvements to the Premises. If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event of the filing of a civil notice of any such lien, Tenant will promptly pay same and take steps immediately to have same removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option to cause the same to be discharged by record of payment, deposit, bond or criminal fine with respect thereto)order of a court of competent jurisdiction or otherwise, either:
(1) or to pay the amount any portion thereof and 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 attorneys' fees and expenses connected therewith and interest, interest at the rate of 18% per annum on any sums paid or advanced shall be Additional Rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of bill. Tenant will indemnify ▇▇▇ hold harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvements made by Tenant. At Landlord's option, Tenant will provide a payment and performance bond in the amount of Tenant's work and Tenant will deposit the cost of all Tenant's work into a construction escrow, with a title insurance company acceptable to Landlord. The terms of such escrow will provide for periodic payments directly to contractors upon the deposit of all appropriate mechanic's lien waivers and contractor's affidavits duly executed and acknowledged before a notary public, necessary to ensure Landlord of lien-free construction. In addition and at Landlord's option, Tenant shall be required to deliver to Landlord cash or other security in amounts, content and form acceptable to Landlord to hold as security for the prompt payment and to ensure completion of Tenant's work. Tenant will provide insurance certificates from all contractors performing Tenant's work in form and substance as is required by Tenant under this Lease. Except as may be expressly provided in this Lease, nothing in this Section shall be construed to Landlord within thirty (30) days after Landlord has invoiced permit Tenant thereforto place any materials upon the Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Premises. Landlord shall have the further right at any time, and Tenant acknowledge from time to time, to post 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 maintain on the furnishing of any labor, services, materials, supplies or equipment with respect Premises such notices as Landlord deems necessary to any portion of protect the Premises, at and Landlord, from all Hens of 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasenature whatsoever.
Appears in 1 contract
Sources: Shopping Center Lease Agreement (Top Group Holdings Inc)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall will not permit any mechanic’s liens 's lien or other lien to be filed against the Premises or the Project in connection therewith. Upon completion by reason of any such workwork performed by or for, or material furnished to, Tenant shall deliver (including, without limitation, any work undertaken by Tenant pursuant to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such workSection 10.1). If any such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier filed at any time period as may be necessary to prevent the forfeiture of against the Premises, Project Tenant will cause the same to be discharged of record within 10 days after the date of filing the same. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or any interest remedy of Landlord, after 10 days prior written notice to Tenant, Landlord therein may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the imposition discharge of a civil such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or criminal fine other proceedings with respect thereto), either:
(1) pay of a cash sum sufficient to secure the amount discharge of the lien and cause same, or by the lien to be released deposit of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord. If Tenant fails to timely take either such action, then Landlord may pay or the lien claimvalue of any deposit so made by Landlord, together with all costs, fees and any amounts so paidexpenses in connection therewith (including reasonable attorney's fees of Landlord), including expenses and interesttogether with interest thereon at the Interest Rate, shall will be paid repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within thirty (30) 10 days after Tenant learns of the filing thereof, Tenant notifies Landlord has invoiced of Tenant's intention to do so and, until such time as Tenant thereforcauses such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and Tenant acknowledge the Premises harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure 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 legal proceedings 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 such mechanic's lien 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseother lien.
Appears in 1 contract
Sources: Build to Suit Net Lease (Alliance Data Systems Corp)
Mechanic’s Liens. All work performedIf Tenant makes any alterations or improvements in the Demised Premises, materials furnishedTenant must pay for same when made. Not withstanding anything to the contrary in this Lease, Tenant or any person dealing with or under Tenant, shall not charge the rents of the Demised Premises, or obligations incurred by the property of which the Demised Premises form a part, or at the request interest of Landlord in the estate of the Demised Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Demised Premises, with a Tenant Party shall be deemed authorized and ordered by Tenant onlymechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant shall not permit any mechanic’s liens be construed to be filed against the Premises agent, employee or representative of Landlord in the Project in connection therewith. Upon completion making of any such workalterations or improvements to the Demised Premises. If a mechanic's or materialsmen’s lien is threatened or filed by any contractor or supplier, Tenant shall deliver will promptly pay same or take steps to Landlord final have the lien waivers from all contractorsdischarged of record, subcontractors and materialmen who performed such workor bond said lien of the Premises pursuant to Alabama Law. If such a lien same is filed, then Tenant shall, not removed within thirty ten (3010) days after from the date of written notice from Landlord, Landlord has delivered notice shall have the right at Landlord's option of (i) paying the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project same or any interest of Landlord therein or portion thereof and 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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including attorneys' fees and expenses incurred in connection therewith and interestinterest at the maximum rate permitted by Alabama law on any sums paid or advanced, shall be paid by deemed to be additional rent due from Tenant to Landlord within thirty immediately upon demand, and/or (30ii) 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 other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and to pursue any other persons now remedies for default by Tenant as provided herein. Tenant will indemnify and save Landlord harmless from and against all loss, claim, damage, cost or hereafter contracting with expense suffered by Landlord by reason of any repairs, installations or improvements, made by 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 including reasonable attorneys' fees 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Shopping Center Lease Agreement
Mechanic’s Liens. All work performed10.01 During the term of this Lease, materials furnished, or 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 to remain, and shall promptly discharge, at its cost and expense, all liens, encumbrances and charges (other than liens, encumbrances and charges created by Landlord, or arising solely out of any mechanic’s action of Landlord) upon the Building or the Leased Premises or any part thereof; provided, that the existence of any mechanics', laborers', materialmens', suppliers' or vendors' liens or rights thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof and if such contract does not postpone payment for more than ninety (90) days after the performance thereof. Tenant shall, however, have the right to contest with due diligence the validity or amount of any lien or claimed lien, if Tenant shall give to Landlord such security as Landlord may reasonably require to insure payment thereof and prevent any sale, foreclosure or forfeiture of the Leased Premises or any portion thereof by reason of such nonpayment. On final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered with all proper costs and charges and shall have the lien released or judgment satisfied at Tenant's own expense, and if Tenant shall fail to do so, Landlord may at its option pay any such final judgment and clear the Leased Premises therefrom. If Tenant shall fail to contest with due diligence the validity or amount of any such lien or claimed lien, or to give Landlord security as hereinabove provided, Landlord may, but shall not be required to, contest the validity or amount of any such lien or claimed lien or settle or compromise the same without inquiring into the validity of the claim or the reasonableness of the amount thereof.
10.02 Should any lien be filed against the Leased Premises or the Project in connection therewith. Upon completion should any action of any such workcharacter affecting the title hereto be commenced, Tenant shall deliver give 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 thirty (30) days after Landlord has delivered written notice thereof as soon as notice 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 or action comes 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 thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that knowledge 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All Tenant agrees that it will pay or cause to be paid all costs for work performed, materials furnished, done by it or obligations incurred caused to be done by or at it on the request Premises of a Tenant Party shall be deemed authorized and ordered by Tenant onlycharacter that may result in liens on Landlord’s or Tenant’s estate therein, and Tenant shall not permit any will keep the Premises free and clear of all mechanic’s liens or other liens on account of work done or alleged to be have been done by or for Tenant or persons claiming under it, expressly excluding any such liens resulting from the construction of the Building, the Improvements or the Tenant Improvements or any other work done by Landlord. Landlord and its representatives shall have the right to post and keep posted on the Premises such notices as Landlord may deem necessary for the protection of its interest in the Premises during the period that any work is being performed that might result in a lien being filed against the Premises. At least twenty (20) days prior to Tenant’s placing any materials upon the Premises or the Project in connection therewith. Upon completion causing any labor or work of construction of any such workAlterations, additions or improvements or repairs having a cost in excess of Twenty-Five Thousand Dollars ($25,000.00) to be performed, Tenant shall deliver to Landlord final lien waivers from all contractorsnotification thereof specifying the nature and location of the intended work and the expected date of commencement thereof, subcontractors and materialmen who performed such Landlord shall have the right to post Notices of Non-Responsibility on the Premises relating to the intended work. If All construction to be performed by Tenant or performed by or under Tenant shall be performed without cost or expense to Landlord. Notwithstanding the above, Tenant may contest the validity of any such a mechanic’s lien is filedclaim filed against the Premises or Landlord’s estate therein, then provided that in such event Tenant shall first notify Landlord and, if requested by Landlord, shall, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof to Tenant (or Landlord’s request, cause 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 bonded in the manner authorized by law so as to release from such lien and deliver to Landlord a bond the real property 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasesubject thereto.
Appears in 1 contract
Sources: Lease Agreement (Dj Orthopedics Inc)
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performeddone by it or caused to be done by it in or to the Premises, and for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against, and hold Landlord, the Premises and the Business Center free, clear and harmless of and from, all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands, on account of such work. If any such lien, at any time, is filed against the Premises or obligations incurred by any part of the Business Center, Tenant will cause such lien to be discharged of record within ten (10) days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such ten (10) day period, security reasonably satisfactory to Landlord of at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or at the request existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Business Center to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives notice that a lien has been or is about to be filed against the Premises or the Project in connection therewithBusiness Center or any action affecting title to the Business Center has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least fifteen (15) days prior to the commencement of any such workwork (including, but not limited to, any alterations, additions, improvements or installations) in or to the Premises, by or for Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premisespersons supplying labor and materials for the proposed work, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto)however, 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. If this is not required on initial 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 thirty (30) days after Landlord has invoiced Tenant thereforfit-up. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that will have the right to post notices of “landlordnon-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” responsibility or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and notices on the Premises in order to protect the Premises against 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseliens.
Appears in 1 contract
Mechanic’s Liens. All Tenant shall pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant shall indemnify Landlord against and hold Landlord, or obligations incurred the Premises, and the Project free, clear, and harmless of and from all mechanics' 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 pursuant to this Lease. If any such lien, at any time, is filed against the request Premises or any part of the Project, Tenant shall cause such lien to be discharged of record within ten (10) days after the filing of such lien, except that if Tenant desires to contest such lien, it shall deliver to Landlord, within such 10-day period, at least one hundred percent (100%) of the amount of the claim, plus estimated costs and interest, by cashier's check or certified funds, which shall be held by Landlord as security to insure payment of the lien and to prevent any sale of the Project by foreclosure or otherwise by reason of such lien, or, at Tenant's option, Tenant may within such time cause such lien to be insured over or bonded over, by a title insurance or bonding company and in an amount reasonably satisfactory to Landlord. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant Party shall pay and satisfy the same at once. If Tenant fails to pay any charge, cost or expense for which a mechanics' lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Project in connection therewithhas been commenced on account of work done by or for or materials furnished to or for Tenant, it shall immediately give Landlord written notice of such notice. Upon completion At least fifteen (15) days prior to the commencement of any such workwork (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant shall deliver to give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30i) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses 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 persons supplying labor 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 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 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 materials for the furnishing proposed work and (ii) two copies 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 Tenant's plans and specifications 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease (Quest Software Inc)
Mechanic’s Liens. All work performed, materials furnished, Neither party shall suffer or 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 any part thereof by reason of work, labor, services, or materials supplied or claimed to have been supplied to such party or anyone holding the Project Premises or any part thereof through or under such party. If any such mechanic’s liens shall at any time be filed against the Premises, the party who directed such work to be performed shall cause the same to be discharged of record within sixty (60) days after the date of filing the same or in the event such party disputes the validity of such lien, such party may deposit 150% of the amount claimed by the lien holder in escrow with a title insurance company and/or the other party as security against mortgage foreclosure. If such party shall fail to discharge such mechanic’s lien within such period, then, in addition to any other right or remedy of the other party hereto, 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 by giving security or in such other manner as is or may be prescribed by law. Any amount paid by such party for any of the aforesaid purposes, and all reasonable legal and other expenses of such party, including reasonable attorneys’ fees, in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith. Upon completion , with interest thereon at the rate of any such work, Tenant shall deliver to Landlord final lien waivers twelve percent (12%) per annum from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice the date 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. 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, payment shall be paid repaid by the other party on demand. Any such amount owed by Tenant to Landlord within thirty (30) days shall become due and payable by Tenant as additional rent with the next succeeding installment of monthly base rent which shall become due after such demand Any such amount owed by Landlord has invoiced to Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall may 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 deducted from the date hereof until the end next succeeding installment of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for samerent which shall become due after such demand. Nothing herein contained shall be deemed a imply any consent by or agreement on the part of Landlord to any liens being placed upon the Premises, Project or subject Landlord’s interest therein due estate to liability under 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasemechanic’s lien law.
Appears in 1 contract
Sources: Development Agreement (Granite City Food & Brewery LTD)
Mechanic’s Liens. All work performed, materials furnished, (a) If a "mechanic's lien" or 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 other statutory lien is filed against the Premises Property arising from any work, labor or the Project material furnished to Lessee in connection therewithwith any improvements made by Lessee upon the Property, Lessee shall, subject to the following clauses (b)-(e), promptly pay and discharge the same.
(b) If Lessee fails to pay and discharge the same for a period of 30 calendar days after such lien shall have been filed against the Property, Lessor may notify Lessee of its intention to pay all or a portion thereof. Upon completion Lessee may then, within 10 calendar days after receipt of such notice, notify Lessor that it believes it has a valid defense to any such asserted claim or lien, that it desires to contest the same, and shall promptly deliver to Lessor a good and sufficient bond duly executed by a surety authorized to write such bonds and which is reasonably satisfactory to Lessor, indemnifying Lessor and any mortgagee against any loss arising therefrom.
(c) If Lessee so notifies Lessor and delivers the bond described above, Lessee shall thereupon diligently proceed to have the validity of said lien determined by proper proceedings, legal or otherwise, and Lessor shall not make any payment on account of any such worklien until the validity thereof has been determined by final adjudication or action, Tenant shall deliver unless it be necessary that such payment be made to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such prevent a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice sale or forfeiture of the filing thereof Property or to Tenant redeem the same from any sale or forfeiture.
(d) If Lessee does not so notify Lessor, Lessor may, at its option, pay all or such earlier time period as may be any portion of the amount of said lien, and pay any sum necessary to prevent the a judgment or execution, or sale or forfeiture of the PremisesProperty, Project or redeem the same from any interest of Landlord therein sale 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 Landlordforfeiture made on account thereof. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any The amounts so paid, including together with all expenses and interestreasonable attorney's fees incurred, shall be paid repaid to Lessor by Tenant to Landlord within thirty Lessee at the next rent paying date after such payment, together with interest thereon at the rate of 10% per annum from the date of payment by Lessor until repaid.
(30e) 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 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 A copy of any labornotice, serviceswrit, materials, supplies process or equipment demand served upon either Lessor or Lessee with respect to any portion of said "mechanic's lien", or other statutory lien, shall promptly be forwarded to 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseother Party.
Appears in 1 contract
Mechanic’s Liens. All Tenant shall give landlord twenty (20) days' prior written notice before any construction work performed, materials furnishedon the Premises is undertaken by or on behalf of Tenant. Tenant shall do all things reasonably necessary to prevent the filing of any mechanic's liens or other liens against the Center, or obligations incurred 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. If any such lien shall at any time be filed, Tenant shall either cause the same to be discharged of record within twenty (20) days after the date of filing the same, or, if Tenant, in its discretion and good faith, determines that such lien should be contested, it shall furnish such security as may be required by law to prevent any foreclosure proceedings against the Center, or any part thereof, during the pendency of such contest. If Tenant shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to all other rights or remedies, landlord may, but shall not be obligated to, discharge the same (a) by paying the amount claimed to be due, (b) by procuring the discharge of such lien by deposit in court, (c) by giving security, or (d) in such other manner as is, or may be, prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorneys' fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the request maximum rate permitted by law from the date of a Tenant Party payment, shall be deemed authorized and ordered repaid by Tenant onlyto landlord on demand and, and Tenant if unpaid, may, at Landlord's election, be treated as an Additional Rent. Nothing herein contained shall not permit imply any consent or agreement on the part of Landlord to subject the Center, or any part thereof, to liability under any mechanic’s liens to 's lien law. Should Tenant be aware that any lien has been filed against the Premises or that any action has been filed which may affect Landlord's title to the Project in connection therewith. Upon completion of Shopping Center ( or any such workportion thereof), Tenant shall deliver to promptly give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice 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. 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasethereof.
Appears in 1 contract
Mechanic’s Liens. All work performedIf Tenant makes any alterations or improvements in the Premises, materials furnished, or obligations incurred by or at Tenant must pay for same when made. Nothing in the request of a Tenant Party Lease shall be deemed authorized and ordered by construed to authorize Tenant onlyor anyone dealing with or under Tenant, and Tenant shall not permit any mechanic’s liens to be filed against charge 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 lien is filed, then Tenant shall, within thirty (30) 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 rents of the Premises, Project or any the property of which the Premises form a part, or the interest of Landlord therein in the estate of the Premises, or any person under and through whom Landlord has acquired its interest in the imposition 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 the making of any such alterations or improvements to the Premises. If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event of the filing of a civil notice of any such lien, Tenant will promptly pay same and take steps immediately to have same removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord’s option to cause the same to be discharged by record of payment, deposit, bond or criminal fine with respect thereto)order of a court of competent jurisdiction or otherwise, either:
(1) or to pay the amount any portion thereof and 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 attorneys’ fees and expenses and interestconnected therewith, together with interest on all of the foregoing at the per annum rate equal to the lesser of eighteen percent (18%) or the maximum rate permitted by law, shall be paid by Additional Rent due from Tenant to 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 paid to Landlord immediately upon rendition to Tenant of “landlord-tenant” (thereby excluding a relationship bill. ▇▇▇▇▇▇ will indemnify, defend and hold harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of “owner-contractor,” “owner-agent” any repairs, installations or improvements made by Tenant. Tenant will provide insurance certificates from all contractors performing Tenant’s work in form and substance as is required by Tenant under this Lease. No mechanics’ or materialmen’s liens or mortgages, deeds of trust, 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 liens of any laborcharacter whatsoever created or suffered by Tenant shall in any way, services, materials, supplies or equipment with respect to any portion extent, affect the interest or rights of Landlord in any buildings or other improvements on the Premises, at any time from or attach to or affect Landlord’s title to or rights in the date hereof until the end Premises including, but not limited to, Landlord’s reversionary interest or other estate or interest 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 in 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. All work performedTenant shall have no authority, materials furnishedexpress or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or obligations incurred by or at in any manner to bind, the request interest 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 Landlord in the Premises or to charge the Project rentals payable hereunder for any claim in connection therewith. Upon completion favor 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 thirty (30) 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, 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. 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 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 other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting person dealing with Tenant, including those who may, at Tenant's instance, furnish materials or perform labor for any contractor construction or subcontractor of repairs, and each such claim shall affect and each such lien shall attach, if at all, only to the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or any other Tenant Party for the furnishing cause to be paid all sums legally due and payable by it on account of any labor, services, materials, supplies labor performed or equipment materials furnished in connection 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 on behalf of Tenant on the Premises on which any lien is or deemed to give any contractor or subcontractor or materialman any right or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless form any funds held and all loss, cost, or expense based on or arising out of asserted claims or liens incurred by Landlord to reimburse Tenant for any portion against the leasehold estate or against the rights, titles, and interest of the cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination Landlord in the Premises or expiration under the terms of this Lease. If any mechanics', materialmen's or other similar lien shall at any time be filed against any part of the Premises on account of any work, labor or services performed or claimed to have been performed, or on account of any materials furnished or claimed to have been furnished, for or at the direction of Landlord or by any of Landlord's contractors or subcontractors, Landlord shall, within twenty (20) days of receipt of written notice form Tenant and without cost or expense to Tenant, forthwith either cause the same to be (i) discharged of record by payment, bond, order of a court of competent jurisdiction, or otherwise, or (ii) contested, in which event any judgment or other process issued in such contest shall be paid or discharged before execution thereof. If any mechanics', materialmen's or other similar lien shall at any time be filed against any part of the Premises on account of any work, labor or services performed or claimed to have been performed, or on account of any materials furnished or claimed to have been furnished, for or at the direction of Tenant or by any of Tenants's contractors or subcontractors, Tenant shall, within twenty (20) days of receipt of written notice form Landlord and without cost or expense to Landlord, forthwith either cause the same to be (i) discharged of record by payment, bond, order of a court of competent jurisdiction, or otherwise, or (ii) contested, in which event any judgment or other process issued in such contest shall be paid or discharged before execution thereof.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant SECTION 12.01: Lessor's estate shall not be subject to claim of lien as a result of any action or inaction by Lessee, Lessee having no power to encumber Lessor's estate, (and Lessee shall not cause, suffer or permit any mechanic’s 's liens to be filed against the Premises Demised Premises, nor against Lessee's leasehold interest therein) by reason of work, labor, services, or materials supplied or claimed to have been supplied to Lessee or to anyone holding any interest in the Project in connection therewithDemised Premises, or any part thereof, through or under Lessee, whether or not the work, labor, services or materials are authorized under this Lease as change or alteration, Work, or otherwise. Upon completion If claim of any such work, Tenant mechanic's lien thus prohibited shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is at any time be filed, then Tenant shalland if Lessee shall fail to cause the same to be discharged of record by payment, within thirty (30) 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 Premisesdeposit, Project or any interest of Landlord therein or the imposition bond, order of a civil court of competent jurisdiction or criminal fine otherwise within 60 days of filing of such claim then, in lieu of any other right or remedy of Lessor, Lessor 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 the latter event Lessor shall be entitled, if Lessor so elects, to compel the prosecution of an action to resolve all issues with respect thereto), either:
(1) to such mechanic's lien and to pay the amount of the lien judgment in favor of the lienor (if any) with interest, costs and cause the lien to be released allowances. If Lessor shall pay, bond off or otherwise procure discharge 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 amount so paid, including expenses and interest, paid by Lessor shall be paid repaid, forthwith upon Lessor's demand, by Tenant Lessee to Landlord within thirty Lessor with interest at the rate of eighteen per cent (3018%) days after Landlord has invoiced Tenant thereforfrom Lessor's payment to the date of Lessee's repayment, together with reasonable attorney's fees, if any, incurred by Lessor in connection therewith. Landlord and Tenant acknowledge and agree that their relationship is and Nothing in this Lease contained shall be solely that deemed or construed in any way as constituting the consent or request of “landlord-tenant” (thereby excluding a relationship Lessor, express or implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of “owner-contractor,” “owner-agent” any labor 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 labormaterials for any specific improvement, services, materials, supplies alteration to or equipment with respect to any portion repair of the PremisesDemised Premises or any part thereof, at nor as giving Lessee a right, power or authority to contract for or permit the rendering of any time from services or the date hereof until furnishing of any materials under circumstances that would give rise to the end filing 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 mechanic's 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 against Lessor's 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination Demised Premises or expiration of in this Leaselease.
Appears in 1 contract
Mechanic’s Liens. All Lessee shall keep the Leased Premises, including all Lessee’s Work and improvements located thereon, free and clear of any and all mechanic’s, materialmen’s and other liens for or arising out of or in connection with work or labor done, services performed, or materials furnishedor appliances used or furnished for or in connection with any operations of Lessee, any alteration, improvement, or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the Leased Premises, or any obligations of any kind incurred by Lessee. Except as otherwise expressly provided for herein, Lessee shall promptly and fully pay and discharge or at the request of a Tenant Party shall be deemed authorized bond over any and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be filed all claims against the Premises or the Project in connection therewith. Upon completion of Lessee on which any such work, Tenant shall deliver to Landlord final lien waivers from is or could be based and indemnify and hold harmless the Commission and the Leased Premises and all contractors, subcontractors buildings and materialmen who performed improvements located thereon against all such workliens and claims of liens and suits or other proceedings pertaining thereto. If Lessee desires to contest any such a lien is filedlien, then Tenant shall, it shall notify the Commission of its intention to do so within thirty (30) days after Landlord has delivered Lessee’s receipt of notice of the filing thereof to Tenant (or of 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 shall commence 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 within the lien claimsame time period, and any amounts so paiddiligently pursue such contest thereafter. In such case, including expenses and interestprovided that enforcement of such lien against the Leased Premises is stayed pending the conclusion of such contest, Lessee shall not be paid by Tenant to Landlord within in default under this Lease until thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that the final determination of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” the validity thereof by the court or other similar relationships). Accordinglytribunal having proper jurisdiction of the same, all materialmenwithin which time Lessee shall satisfy and discharge such lien to the extent held valid, contractorsbut the satisfaction, artisans, mechanics, laborers and any other persons now discharge or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing bonding of any laborsuch lien shall not, servicesin any case, materials, supplies or equipment with respect to any portion be delayed if enforcement of the Premises, at any time from lien is not stayed pending the date hereof until conclusion of such contest. Lessee shall give the end Commission written notice no less than ten (10) days in advance of the Termcommencement of any substantial construction, are hereby charged with notice alteration, addition or improvement to the Leased Premises in order 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 Commission may post appropriate notices of the cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARECommission’s non-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseresponsibility in connection therewith.
Appears in 1 contract
Sources: Lease Agreement (Aventine Renewable Energy Holdings Inc)
Mechanic’s Liens. All work performed, materials furnishedTenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or obligations incurred in any manner to bind the interest of Landlord or Tenant in, the Premises or to 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 8444 in connection with any work performed by Tenant. Tenant covenants and agrees that it will pay or at cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the request Premises (other than work performed by Landlord or Landlord’s employees, agents or contractors) and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease (other than as a Tenant Party shall be deemed authorized and ordered result of work performed by Tenant onlyLandlord or Landlord’s employees, and agents or contractors), Tenant shall not permit give Landlord immediate written notice of the placing of any mechanic’s liens to be filed lien or encumbrance against the Premises and cause such lien or the Project in connection therewith. Upon completion of any such work, Tenant shall deliver encumbrance to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, be discharged within thirty (30) days after Landlord has delivered of Tenant’s receipt of written notice of the filing thereof to or recording thereof; provided, however, Tenant (may contest such liens or encumbrances as long as 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 contest prevents foreclosure of the lien or encumbrance and cause the Tenant causes such lien or encumbrance to be released of record; bonded or (2) diligently contest such lien and deliver insured over in a manner satisfactory to Landlord a bond within such thirty (30) day period. Without limiting any other rights or other security reasonably satisfactory to remedies of Landlord. If , if Tenant fails for any reason to timely take either such action, then Landlord may pay the cause a lien claim, and any amounts so paid, including expenses and interest, shall or encumbrance to be paid by Tenant to Landlord discharged within thirty (30) days after of Tenant’s receipt of written notice of the filing or recording thereof, then Landlord may take such action(s) as it deems necessary to cause the discharge of the same (including, without limitation, by paying any amount demanded by the party who has invoiced Tenant therefor. filed or recorded such lien or encumbrance, regardless of whether the same is in dispute), and Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” reimbursed by Tenant for all costs and expenses incurred by Landlord in connection therewith within ten (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 10) business days following written demand therefor accompanied by reasonable supporting documentation 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasethereto.
Appears in 1 contract
Sources: Lease Agreement (Ziprecruiter, Inc.)
Mechanic’s Liens. All work performed(a) Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, materials furnishedthe Property, or obligations incurred by any part of any thereof or of Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of any work done or services, material, equipment or supplies furnished for or at the request of Tenant or by or for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the Premises, the Property, or any part of any thereof or the income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant Party shall within ten (10) days after the filing thereof, cause the same to be discharged of record by payment, deposit, bond or otherwise. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within that period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord 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, if Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with Interest from the respective dates of Landlord’s making of the payment or incurring of the cost or expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
(d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit or construed in any mechanic’s liens way to constitute the consent or request on the part of 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 Project in connection therewith. Upon completion Property or any part of any such workthereof, nor as giving Tenant shall deliver any right, power, or authority 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 thirty (30) days after Landlord has delivered notice contract for or permit the performance of the filing thereof to Tenant (any work or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project services 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. 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 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 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 materials for which any portion of lien could be filed against the Premises, at the Property or any time from the date hereof until the end part 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasethereof.
Appears in 1 contract
Sources: Office Space Lease (Clearpoint Business Resources, Inc)
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises and the Project free, clear and harmless of and from all mechanic'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. If any such lien, at any time, is filed against the Premises, or obligations incurred by any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such ten (10) day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or at the request existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens received notice that a lien has been or is about to be filed against the Premises or the Project in connection therewithor any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least fifteen (15) days prior to the commencement of any such workwork (including but not limited to, any material maintenance, repairs, alterations, additions, improvements or installations) in or to the premises, by or for Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premises, Project or any interest of Landlord therein or persons supplying labor and materials for 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. 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 thirty (30) days after Landlord has invoiced Tenant thereforproposed work. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that will have the right to post notices of “landlordnon-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” responsibility or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and notices on the Premises in order to protect the Premises against 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseliens.
Appears in 1 contract
Sources: Office Lease (Ryland Group Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 or construction 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 lien is filed, then Tenant shall, within thirty (30) ten 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine line with respect thereto), either:
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. 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 thirty (30) ten business 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 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 lime from the date hereof until the end of the Term, are hereby charged with notice that they shall 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 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (RetailMeNot, Inc.)
Mechanic’s Liens. All Except with respect to the Landlord Work, Tenant shall promptly pay any contractors and materialmen who supply labor, work performedor materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, materials furnishedlaborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or obligations notice of lien to be discharged of record by payment, deposit, bond or otherwise within thirty (30) days after the filing thereof or after Tenant's receipt of written notice thereof, whichever is later, regardless of the validity of such lien or claim. If Tenant shall fail to cause 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, 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 of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of twelve percent (12%) per annum from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any 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 request of a Tenant Party contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed authorized and ordered or construed in any way to constitute the consent or request by Tenant only, and Tenant shall not permit Landlord for the performance of any mechanic’s liens to work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Project in connection therewith. Upon completion Building or the Property or any part of any such workthereof, nor as giving Tenant shall deliver any right, power or authority 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 thirty (30) days after Landlord has delivered notice contract or permit the performance of the filing thereof to Tenant (any work or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project services 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. 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 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 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 materials for which any portion of lien could be filed against the Premises, at the Building, the Property or any time from part of any thereof. Throughout this Lease the date hereof until term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the end Premises or the Property or any interest therein or income therefrom on account of the Termany mechanic's, are hereby charged with 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 that they look exclusively 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 to obtain payment for same. Nothing herein shall be deemed a consent and any injunctive or equitable action brought by Landlord any person entitled 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasemechanic's lien.
Appears in 1 contract
Sources: Office Space Lease (Cdnow N2k Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 fully discharge of record from title or from the public record, by bond or otherwise, any mechanic’s liens to be lien filed against the Premises or against the Project in connection therewith. Upon completion of any such workfor work claimed to have been done for, or materials claimed to have been furnished to, 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 thirty (30) 10 business days after Landlord has delivered T▇▇▇▇▇ receives notice of the filing thereof thereof, at Tenant’s sole cost and shall otherwise keep the Premises and the Project free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to fully discharge of record 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 costs incurred by Landlord in connection therewith shall be immediately due from Tenant (as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or 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 creditor of Tenant will upon DOCVARIABLE #DNDocID \* MERGEFORMAT 758013178.6 Net Multi-Tenant Laboratory 8▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ – ▇▇▇▇▇ ▇▇▇/▇▇▇▇▇ Tx - Page 15 its face or by exhibit thereto indicate that such earlier time period as may be necessary Financing Statement is applicable only to prevent removable personal property of Tenant located within the forfeiture Premises. In no event shall the address of the Premises, Project or any interest of Landlord therein or be furnished on the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount statement without qualifying language as to applicability of the lien and cause only to removable personal property, located in the lien suite number designated 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 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 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 Premises in 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseBasic Lease Provisions.
Appears in 1 contract
Mechanic’s Liens. All Tenant has no right or authority to impose or permit any lien or claim against the Premises, the Building, the Building Complex or its interest in or under this Lease. Tenant shall pay all costs for work performeddone by or for Tenant in the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) and Tenant will keep the Premises and the Building Complex free and clear of all mechanics' and other liens on account of work done by or for Tenant or persons claiming under it, materials furnishedexcluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or obligations incurred by expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or at the request of a for materials or supplies furnished to Tenant Party shall or persons claiming under Tenant. Should any such claims be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s made or liens to be filed recorded against the Premises Premises, the Building or the Project in connection therewith. Upon completion Building Complex or should any action affecting the title thereto be commenced as a result of any such work, Tenant shall deliver cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shallof Tenant's intent to contest it and, within thirty (30) five days after the recording of any such liens, Tenant shall either furnish to Landlord has delivered notice adequate security satisfactory to Landlord of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture at least 150% 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 claim, plus estimated costs and interest or bond over any lien under CRS ▇▇-▇▇-▇▇▇ and cause as soon as possible thereby have the lien to be against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of record; or (2) diligently contest such any lien for any amount is entered, Tenant shall immediately pay and deliver to Landlord a bond or other security reasonably satisfactory to Landlordsatisfy it. If Tenant fails to timely take either such actionpay any amount in the time periods provided herein, then Landlord may (but without being required to do so) pay the such lien claimor claim and any costs, and any amounts the amount so paid, including expenses and interestplus 20% of such amounts as an overhead/administration charge, together with reasonable attorneys' fees incurred in connection therewith, shall be paid by immediately due from Tenant to 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease (Esoft Inc)
Mechanic’s Liens. All Notwithstanding anything to the contrary contained in this Lease, Tenant, its successors and assigns, warrant and guarantee to Landlord, its successors and assigns, that if any mechanic's lien shall be filed against the Building of which the Demised Premises form a part, for work performed, materials furnishedclaimed to have been done for, or obligations incurred materials claimed to have been furnished to, Tenant (a) the same shall be discharged by Tenant, by either payment, by bond or otherwise, at the request sole cost and expense of Tenant, within fifteen (15) days of the giving of notice thereof by Landlord, (b) either a Tenant Party release or a satisfaction of lien, as the case may be, shall be deemed authorized filed with the County Clerk of the county in which the Building is situated within such seven (7) day period, and ordered (c) a copy of such release or satisfaction, as the case may be, certified to by such County Clerk shall be delivered to Landlord within three (3) days after such filing. In the event such mechanic's lien is not discharged timely, as aforesaid, Landlord may discharge same for the account of and at the expense of Tenant onlyby payment, bonding or otherwise, without investigation as to the validity thereof or of any offsets or defenses thereto, and Tenant shall promptly reimburse Landlord, as Additional Rent, for all costs, disbursements, fees and expenses, including without limitation, legal fees, incurred in connection with so discharging said mechanic's lien, together with interest thereon from the time or times of payment until reimbursement by Tenant. Tenant shall, within five (5) days of demand therefor by Landlord, pay to Landlord as Additional Rent, the sum of One Thousand ($1,000) Dollars on account of Landlord's legal fees and disbursements, but the foregoing shall not permit limit the extent of Tenant's liability as set forth above. In the event such mechanic's lien is not discharged timely, as aforesaid, Landlord, in addition to all other rights granted to Landlord in this Lease and without limitation, may institute a dispossess summary proceeding based upon such failure to discharge any such lien. In the event Tenant fails to deliver to Landlord the certified copy of the release or satisfaction required hereunder within the time period provided for the delivery thereof to Landlord, Landlord shall have the right to assume that such mechanic’s liens 's lien has not been discharged and Landlord shall have all of the rights and remedies provided for herein based upon Tenant's failure to be filed against discharge any such lien. It is further expressly understood and agreed between the Premises parties hereto that Landlord may apply all or a portion of the Project security deposit made by Tenant hereunder toward discharging any such mechanic's lien and the cost, expenses, fees and disbursements, including, without limitation, legal fees, in connection therewith. Upon completion of any such work, Tenant shall deliver to notification by Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (application of all 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. 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.security deposited by
Appears in 1 contract
Sources: Lease Agreement (Getty Images Inc)
Mechanic’s Liens. All The Tenant will not permit to be created nor to remain undischarged any lien, encumbrance or charge (arising out of any work performedof any contractor, materials furnishedmechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or obligations incurred by otherwise) which might be or at become a lien or encumbrance or charge upon the request of a Tenant Party shall be deemed authorized and ordered by Tenant onlyDemised Premises or any part thereof or the income therefrom, and the Tenant will not suffer any other matter or thing whereby the estate, right and interest of the Landlord in the Demised Premises or any part thereof might be impaired. Tenant shall not permit deliver to all persons or entities furnishing labor or materials to Tenant a notice of non-responsibility of Landlord satisfactory to Landlord. Landlord may file a notice of non-responsibility with respect to mechanics liens, which may result from Tenant’s work. If any mechanic’s liens lien or notice of lien on account of an alleged debt of the Tenant or any notice of contract by a party engaged by the Tenant or Tenant's contractor to work on the Demised Premises shall be filed against the Demised Premises or any part thereof, 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 lien is filed, then Tenant shallTenant, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof thereof, will cause the same to Tenant (or such earlier time period as may be necessary to prevent the forfeiture discharged of the Premisesrecord by payment, Project or any interest of Landlord therein or the imposition deposit, bond, order of a civil court of competent jurisdiction or criminal fine with respect thereto)otherwise. If the Tenant shall fail to cause such lien or notice of lien to be discharged within the period aforesaid, either:
(1) then, in addition to any other right or remedy, the Landlord 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 the Landlord shall be entitled, if the Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the lien and cause judgment in favor of 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 lienor with interest, costs and allowances. Any amount so paid by the Landlord and all costs and expenses including attorneys’ fees, incurred by the Landlord in connection therewith, together with interest thereon at the maximum legal rate from the respective dates of the Landlord's making of the payment of incurring of the cost and expense shall constitute Additional Rent payable by the Tenant under this Lease and shall be paid by the Tenant to the 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 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 sameon demand. Nothing herein contained shall be deemed a consent obligate the Tenant to pay or discharge any lien created 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Shopping Center Lease Agreement
Mechanic’s Liens. All (a) In the event of the filing of any construction lien against the Leased Premises as a result of any work performed, materials furnished, or obligations incurred performed by or at the request on behalf of Tenant or 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 workSublessee, Tenant shall deliver cause same to Landlord final lien waivers from all contractorsbe contested, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, bonded or discharged within thirty (30) days after Tenant’s receipt of written notice thereof If Tenant shall fail to timely contest, bond around or discharge the same, Landlord has delivered notice of shall have the filing thereof option, but not the obligation, 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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, same and any amounts amount so paid, including expenses and interest, paid shall be paid payable by Tenant to Landlord on demand.
(b) Notwithstanding any provision of this Lease to the contrary, Tenant shall not, under any circumstances, have the power to subject the interest of Landlord in the Leased Premises to any construction liens or liens of any other kind, nor shall any provision contained in this Lease ever be construed as empowering Tenant to encumber or cause Landlord to encumber the title or interest of Landlord in the Leased Premises. All parties with whom Tenant may deal are hereby put on notice that Tenant has no power to subject Landlord’s interest in the Leased Premises to any claim or lien of any kind or character and any persons dealing with Tenant must look solely to the credit of Tenant for payment and not to Landlord’s interest in the Leased Premises or otherwise. The Memorandum of Lease described in Section 13.04 shall include this Section 10.0l(b).
(c) In the event of the filing of any construction lien against the Leased Premises as a result of any work performed by or on behalf of Landlord, Landlord shall cause same to be bonded or discharged within thirty (30) days after Landlord’s receipt of written notice thereof. If Landlord has invoiced shall fail to timely bond around or discharge the same, Tenant therefor. Landlord shall have the option, but not the obligation, to pay the same and Tenant acknowledge and agree that their relationship is and any amount so paid 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 payable by Landlord to any liens being placed upon Tenant on demand. If Landlord does not pay such sums to Tenant within thirty (30) days following receipt of Tenant’s demand therefor, Tenant shall be entitled to offset such sums against the Premises, Project or Landlord’s interest therein Rent next becoming 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of under this Lease.
Appears in 1 contract
Sources: Garage Lease (Virgin Trains USA LLC)
Mechanic’s Liens. All Tenant shall promptly pay any contractors and materialmen who supply labor, work performedor materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, materials furnishedlaborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or obligations notice of lien to be discharged of record by payment, deposit, bond or otherwise within fifteen (I 5) days after the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the validity of such lien or claim. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within such fifteen (I 5) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord 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 of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of nine percent (9%) per annum from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any 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 request of a Tenant Party contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed authorized and ordered or construed in any way to constitute the consent or request by Tenant only, and Tenant shall not permit Landlord for the performance of any mechanic’s liens to work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Project in connection therewith. Upon completion Building or the Property or any part of any such workthereof, nor as giving Tenant shall deliver any right, power or authority 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 thirty (30) days after Landlord has delivered notice contract or permit the performance of the filing thereof to Tenant (any work or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project services 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. 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 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 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 materials for which any portion of lien could be filed against the Premises, at the Building, the Property or any time from part of any thereof. Throughout this Lease the date hereof until term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the end Premises or the Property or any interest therein or income therefrom on account of the Termany mechanic's, are hereby charged with 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 that they look exclusively 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 to obtain payment for same. Nothing herein shall be deemed a consent and any injunctive or equitable action brought by Landlord any person entitled 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasemechanic's lien.
Appears in 1 contract
Sources: Office Space Lease (Orapharma Inc)
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises and the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant. If any such lien, at any time, is filed against the Premises, or obligations incurred by any part of the Project, Tenant will cause such lien to be discharged of record within 10 days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest or at comply with such statutory procedures as may be available to release the request lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives written notice that a lien has been or is about to be filed against the Premises or the Project in connection therewithor any action affecting title to the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least 15 days prior to the commencement of any such workwork (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in or to the Premises, by or for Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premises, Project or any interest of Landlord therein or persons supplying labor and materials for 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. 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 thirty (30) days after Landlord has invoiced Tenant thereforproposed work. Landlord and will have the right to post notices of non-responsibility or similar written notices on the Premises in order to protect the Premises against any such liens. Upon request, 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 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 will furnish Landlord evidence of any laborsettlement, servicessatisfaction, materials, supplies or equipment with respect payment made of any lien or claim pursuant 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseArticle 15.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty (30) ten 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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 evidence of the recordation and service of a mechanic’s lien release bond or other security reasonably satisfactory to Landlordin accordance with the provisions of the California Civil Code. 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 thirty (30) ten 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 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. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 3094 in connection with any work performed by Tenant. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Mechanic’s Liens. All work performedLandlord hereby NOTIFIES ALL MECHANICS, MATERIALMEN AND OTHER LIENORS THAT PURSUANT TO F.S. (ss)713.10, ANY LIENS UNDER F.S. CH. 713 SHALL EXTEND TO, AND ONLY TO, THE RIGHT, TITLE AND INTEREST OF THE PERSON WHO CONTRACTS FOR THE IMPROVEMENT IN QUESTION AND THAT NEITHER THE INTEREST OF LANDLORD NOR ANY SUPERIOR INTEREST IN THE DEMISED PREMISES AND ALL OTHER PORTIONS OF THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR ANY IMPROVEMENTS, SERVICES OR MATERIALS MADE BY, CONTRACTED FOR OR OTHERWISE AUTHORIZED BY TENANT OR BY ANY EMPLOYEE, CONTRACTOR OR AGENT OF TENANT. Tenant agrees that prior to contracting for any improvements, services or materials furnishedto be made in or delivered to the Demised Premises, or obligations incurred by or at Tenant shall notify the contractor of the foregoing provisions. Tenant further agrees that upon request of Landlord, Tenant shall execute a Tenant Party shall notice which sets forth the foregoing provisions, which notice may be deemed authorized and ordered recorded by Tenant only, and Landlord in the public records of the county where the Premises are located. Tenant shall not suffer or permit any mechanic’s liens 's lien to be filed against the interest of Landlord or Tenant in the Premises by reason of work, services or materials supplied to Tenant, the Project in connection therewithPremises, or any part thereof. Upon completion of If any such worklien shall be filed at any time, Tenant shall deliver to Landlord final lien waivers from all contractorspromptly, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, in any event within thirty (30) days after Landlord has delivered notice of the filing thereof thereof, cause the same to be discharged of record, provided, if Tenant (or shall promptly bond such earlier time period as lien with a responsible surety company, Tenant 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 contest the amount or validity of the lien and cause the lien to be released of record; or (2) diligently contest any such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such actionby appropriate proceedings, then Landlord may pay the lien claimdiligently prosecuted, and any amounts so paid, including expenses and interest, such contest shall be paid by Tenant defer for its duration Tenant's duty hereunder to 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 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 discharge 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Smart Choice Automotive Group Inc)
Mechanic’s Liens. All work performedTenant shall have no authority, materials furnishedexpress or implied, to create, place or suffer the creation or placement of any lien or encumbrance of any kind or nature whatsoever upon the Property and/or Premises, or obligations incurred in any manner to bind the interest of Landlord or Tenant in the Property and/or Premises, or to charge the Rent payable hereunder, for any claim in favor of persons and/or entities dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises with respect to which any lien is or can otherwise be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon, and Tenant further covenants that it will indemnify and hold Landlord harmless from and against any and all loss, liability, cost, damage and expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Property and/or Premises or under the terms of this Lease. Tenant shall discharge any such lien by payment or bonding within ten (10) days after the same has been filed, failing which Landlord shall have the right, but not the obligation, in addition to all other remedies herein provided, to discharge such lien at Tenant's expense and in such event Landlord's cost thereof, plus interest thereon at the request lesser of a eighteen percent (18%) per annum or the maximum rate permitted by law, shall be reimbursed by Tenant Party to Landlord upon demand as Additional Rent hereunder. Landlord and Tenant further agree that any repairs or improvements made by Tenant to the Premises shall be deemed authorized and ordered by the 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 lien is filed, then Tenant shall, within thirty (30) days after although 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, 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. 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 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 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 preserves any right contained herein to approve, consent to, or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of inspect such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination repairs or expiration of this Leaseimprovements).
Appears in 1 contract
Sources: Lease (Creditrust Corp)
Mechanic’s Liens. All work performed, materials furnished5.01 Lessee shall have no power to subject the Demised Premises, or obligations incurred by Lessor’s interest in the Demised Premises, or at the request Condominium or the Tenth Floor Unit or the interest of a Tenant Party any owner therein or in any other Condominium Unit to any mechanics’ or other liens. If any mechanics’ or other liens or order for the payment of money shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be filed against the Demised Premises or the Project in connection therewith. Upon completion Condominium or any other Unit of the Condominium or the interest of any such workowner therein by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Lessee at the Demised Premises, Tenant or for or by reason of any change, alteration, or addition or the cost or expense thereof or any contract relating thereto, or by reason of any other act or omission of Lessee, the Lessee shall deliver cause the same to Landlord final lien waivers from all contractorsbe canceled and discharged of record, subcontractors and materialmen who performed such work. If such a lien is filedby bond or otherwise as allowed by law, then Tenant shall, within thirty (30) days after Landlord has delivered notice at the expense of the filing thereof Lessee. Lessee shall nonetheless have an unlimited right 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 if Lessee does so, Lessee need not cause such cancellation or discharge during the pendency of such challenge unless (i) there is an imminent threat to Landlord Lessor’s title to the Demised Premises; or (ii) the existence of the lien constitutes a default under any mortgage affecting the fee interest in the Demised Premises. Lessee shall also defend on behalf of the Lessor, the Condominium and the owners of the Condominium Units, at the Lessee’s sole cost and expense, any action, suit, or proceeding that may be brought thereon or for the enforcement of those liens or orders, and the Lessee will pay any damages and satisfy and discharge any judgment entered therein and save harmless the Lessor, the Condominium and the Condominium Unit owners from any claim or damage resulting therefrom. Failure to comply with this Article 5 shall entitle Lessor to avail itself of the remedies in Article 17 upon giving the notices required under Article 17, provided, however, that if the Lessee has failed to cause the lien or order to be canceled and discharged of record within fifteen (15) days after Lessor’s written demand therefor, and if (i) there is an imminent threat to Lessor’s title to the Demised Premises; or (ii) the existence of the lien constitutes a default under any mortgage affecting the fee interest in the Demised Premises, then the Lessor shall have the right to cause the same to be cancelled and discharged of record by bond or other security reasonably satisfactory allowed by law (other than actual payment to Landlord. If Tenant fails the lienor) and the entire expense therefor shall constitute additional rent payable 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseLessor.
Appears in 1 contract
Sources: Lease (Morgans Hotel Group Co.)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant SUBLESSEE shall not permit any mechanic’s liens 's lien to be filed against the Premises fee of the LEASED PREMISES or against the Project SUBLESSEE'S leasehold interest in connection therewith. Upon completion the DEMISED PREMISES by reason of any such work, Tenant shall deliver labor, services, or materials supplied or claimed to Landlord final lien waivers from all contractorshave been supplied, subcontractors and materialmen who performed such workwhether prior or subsequent to the commencement of the term hereof, to SUBLESSEE or anyone holding the DEMISED PREMISES. If such a lien is filed, then Tenant SUBLESSEE shall, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof thereof, cause such lien to Tenant (or such earlier time period as may be necessary to prevent the forfeiture discharged of the Premisesrecord by payment, Project or any interest of Landlord therein or the imposition deposit, bond, order of a civil court of competent jurisdiction, or criminal fine with respect thereto)otherwise. If SUBLESSEE shall fail to cause such lien to be discharged within such ten (10) day period, either:
(1) then, in addition to any other right or remedy of SUBLESSOR, or OWNER, SUBLESSOR may, but shall not be obligated to, discharge such lien 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 SUBLESSOR shall be entitled, if SUBLESSOR 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 lien judgment for and cause in favor of 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 actionlienor, then Landlord may pay the lien claimwith interest, costs, and all other allowances. Any amount paid by SUBLESSOR for any amounts so paidof such purposes, including expenses and interestwith interest thereon at the rate of 15% per annum from the date of payment or deposit, shall be paid repaid by Tenant the SUBLESSEE to Landlord within thirty (30) days after Landlord has invoiced Tenant thereforSUBLESSOR on demand, and if unpaid may be treated as additional rent as provided for elsewhere in this Sublease. Landlord and Tenant acknowledge and agree that their relationship is and Nothing in this Sublease shall be solely that construed in any way as constituting the consent or request of “landlord-tenant” (thereby excluding a relationship the SUBLESSOR, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of “owner-contractor,” “owner-agent” any labor 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 labormaterials for any specific improvement, servicesalteration, materialsor repair of or the Subleased property or as giving SUBLESSEE the right, supplies power, or equipment with respect authority to contract for or permit the rendering of any portion service or the furnishing of any material that would give rise to the filing of any mechanic's lien against the fee of the Premises, at any time from DEMISED PREMISES or 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasebuilding.
Appears in 1 contract
Sources: Sublease (Solucorp Industries LTD)
Mechanic’s Liens. All Tenant will not permit any mechanic's or materialman's lien or liens to be placed upon the Demised Premises or improvements thereon during the Lease Term caused by or resulting from any work performed, materials furnished, furnished or obligations obligation 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 in the Premises or case of the Project in connection therewith. Upon completion filing of any such worklien, Tenant, within twenty (20) days of the filing of same (herein the "20 Day Period"), shall pay or remove any such lien or liens by placing with Landlord a cash deposit in an amount adequate to cover the lien(s) and all costs and interest which may accrue with respect to such lien(s), or at Tenant's option, Tenant shall deliver may, within said 20 Day Period, or if Tenant fails promptly and within said 20 Day Period to do so, Landlord final may, but is not obligated to, bond over, at Tenant's cost, any and all such lien(s) under an applicable statutory or other bonding procedure which causes the full release and discharge of such lien waivers or claim from all contractorsthe Demised Premises, subcontractors and materialmen who performed the improvements thereto, including, without limitation, the right, at Tenant's cost, to bond over pursuant to Arizona Revised Statutes, Section 33-1004, or any related, amended or superseding statute or law pertaining to such workor a similar bonding procedure. If default in payment thereof, or in removal or bonding over of such a lien is filedlien(s) as required or permitted above, then Tenant shall, within thirty shall continue for twenty (3020) days after written notice thereof from Landlord has delivered notice to Tenant, Landlord shall have the right and privilege at Landlord's option of paying the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project same or any interest of Landlord therein or portion thereof without inquiry as to 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. If Tenant fails to timely take either such action, then Landlord may pay the lien claimvalidity thereof, and any amounts so paid, including reasonable expenses and interestinterest thereon at the rate of fifteen percent (15%) per annum from the date of payment by Landlord, shall be paid by additional indebtedness and rent hereunder due from Tenant to 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 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 repaid 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 Landlord immediately on rendition 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasea bill therefor.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall will not permit any mechanic’s 's liens or other 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 lien is filed, then Tenant shall, within thirty (30) 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 placed upon the Premises, Project the Building, or the Property and nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any person for the performance of any labor or the finishing of any materials to the Premises, the Building, or the Property or any interest part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of Landlord therein any services or the imposition furnishing of a civil any materials that would give rise to any mechanic's or criminal fine with respect thereto)other liens against the Premises, either:
(1) pay 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 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 actionaforesaid purposes including, then Landlord may pay the lien claimbut not limited to, and any amounts so paid, including expenses and interestattorneys fees, shall be paid by Tenant to Landlord within thirty (30) days after promptly on demand as additional rent. In the event Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that does consent to the performance of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” any labor 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 labormaterials to the Promises, servicesthe Building, materialsor the Property by any party, supplies or equipment with respect to any portion of the Premiseswhich consent must be in writing, 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 responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord to any liens being placed upon the Premisesmay require, 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 workincluding, but not limited to, Builder's Risk and Worker's Compensation insurance. TENANT SHALL INDEMNIFYWITHIN 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, DEFEND CONTENT, AMOUNT AND HOLD HARMLESS ISSUED BY A SURETY SATISFACTORY TO LANDLORD, ITS PROPERTY MANAGERINDEMNIFYING, ANY SUBSIDIARY OR AFFILIATE OF PROTECTING, DEFENDING AND HOLDING HARMLESS THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND INDEMNITIES AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES COSTS AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING LIABILITIES RESULTING FROM SUCH LIEN OR RELATING TO CLAIM AND THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, FORECLOSURE OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseATTEMPTED FORECLOSURE THEREOF.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and 10.1 Tenant shall not suffer or permit any mechanic’s liens to be filed stand against the Demised Premises or any part thereof by reason of work, labor, services or materials done for, or supplied, or claimed to have been done for, or supplied to, Tenant or anyone holding the Project in connection therewithDemised Premises or any part thereof through under Tenant. Upon completion of If such lien shall at any such worktime be field against the Demised Premises, Tenant shall deliver cause the same to Landlord final lien waivers from all contractorsbe discharged of record within 15 days after the date of filing the dame, subcontractors and materialmen who performed such workby either payment, deposit or bond. If Tenant shall fail to discharge any such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant such period (or such earlier time period as may be necessary required by any mortgagee to prevent which this lease is subordinated), then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated , procure the forfeiture discharge 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 same either by paying the amount claimed to be due buy deposit in court or bonding, and/or Landlord shall be entitled , if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the linear with interest, costs, and allowances. Any amount paid or deposited by Landlord for any of the lien aforesaid purposes, and cause all legal and other expensed by Landlord , including reasonable counsel fees, in defending any such action or in or about procuring the lien to be released discharge of record; such lien, with all necessary disbursements in connection therewith, together with interest thereon at the then maximum legal rate per annum from the date of payment or (2) diligently contest such lien deposit, shall become due and deliver to Landlord a bond or other security reasonably satisfactory payable forthwith by Tenant to Landlord. If Tenant fails to timely take either such action, then Landlord may pay or, at the lien claim, and any amounts so paid, including expenses and interestoption of Landlord, shall be paid payable by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and as additional rent,, as provided in Article 15 hereof.
10.2 Nothing in this Lease shall be solely that deemed to be, or construed in any way as constituting, the consent or request of “landlord-tenant” (thereby excluding a relationship Landlord, expressed or implied, by inference or otherwise, to any person , firm or corporation for the performance of “owner-contractor,” “owner-agent” any labor or other similar relationships). Accordinglythe furnishing of any material s for any construction, all materialmenrebuilding, contractors, artisans, mechanics, laborers and any other persons now alteration or hereafter contracting with Tenant, any contractor repair of or subcontractor of Tenant to the Demised Premises or any other part thereof, nor as giving Tenant Party any right, power or authority to contract for or permit the rendering of any services for the furnishing of any labor, services, materials, supplies or equipment with respect materials which might in any way give rise to the right to file any portion of lien against Landlord's interest in the Demised Premises, . Landlord shall have the right to post and keep posted at all reasonable times on the Demised Premises 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 notices which Landlord shall be deemed a consent by required to so post for the protection of Landlord to and Demised Premises from 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaselien.
Appears in 1 contract
Sources: Lease Modification Agreement (Comfort Systems Usa Inc)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party hereunder 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 workwork costing in excess of $5,000. If such a any mechanics or materialmans lien is filed, then Tenant shall, within thirty (30) fifteen 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, Project Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interestinterest at the Default Rate from the time of Landlord’s payment, shall be paid by Tenant to Landlord within thirty (30) ten business 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 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 Effective Date 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 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 INDEMNIFYWithout limiting the generality of the foregoing, DEFEND AND HOLD HARMLESS LANDLORDTenant shall notify Landlord in writing no later than one (1) day after the commencement of any work or the furnishing of any materials at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, ITS PROPERTY MANAGERindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGdemands, AND THEIR RESPECTIVE OFFICERScauses of action, DIRECTORSsuits, SHARE-HOLDERSjudgments, PARTNERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, EMPLOYEESmaterials furnished, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, Tenant has no authority or obligations incurred by or at the request of a Tenant Party shall be deemed authorized power to and ordered by Tenant only, and Tenant shall not cause or permit any mechanic’s mechanics' liens or other liens to be filed placed upon the Building or any portion or component thereof or Landlord's interest therein whether created by act or inaction of Tenant, operation of law, or otherwise, and in case of the filing of any such lien or encumbrances or claim therefor, Tenant shall promptly discharge same; provided, however, that Tenant shall have the right to contest the validity or amount of any mechanics lien upon its prior posting of security with Landlord, which security, in Landlord's sole judgment, must be adequate to pay and discharge any such lien in full in addition to any applicable interest, penalties and Landlord's reasonable estimate of its legal fees. Tenant agrees to indemnify and hold Landlord harmless against any and all liabilities, reasonable legal fees and other costs whatsoever incurred by Landlord because of any mechanics' or other liens attributable to Tenant being placed upon the Premises or the Project Building. Any mechanic's lien or claim for a mechanic's lien which Tenant desires to contest as herein provided shall be contested only in good faith, by appropriate proceedings diligently pursued, and, in any event, such lien or claim for lien shall be released or removed within six (6) months of the date such claim or lien first attached. If the lien is not so contested and released or removed, Landlord, at its sole option and in addition to any other available rights or remedies, may take any and all action necessary to release and remove such lien or claim of lien (it being agreed by Tenant that Landlord shall have no duty to investigate the validity thereof) and Tenant shall promptly upon written notice reimburse Landlord for all sums, costs and expenses (including but not limited to reasonable attorneys' fees) incurred by Landlord in connection therewith. Upon completion with the removal or release 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 thirty (30) 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, 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. 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease (Ebix Com Inc)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s mechanics1 liens to be filed against the Leased Premises or any part thereof or against the Project Building in connection therewithwhich the Leased Premises is located 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. Upon completion of If any such worklien shall at any time be filed against the Premises, the Tenant shall deliver cause the same to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, be discharged of record within thirty (30) days after Landlord has delivered notice the date of filing the same. If the Tenant shall fail to discharge such lien within such period, then in addition to any other right or remedy it may have Lessor 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 by giving security or in such other manner as is, or may be, prescribed by law. Any amount paid by the Lessor for any of the filing thereof aforesaid purposes, shall be repaid by the Tenant to the Lessor on demand, together with interest at the rate of one and one-half percent (13%) per month or the maximum allowed by law, whichever is less, until repaid. Any sum due to Lessor from Tenant (hereunder shall be treated as additional rent. Nothing herein contained shall imply any consent or such earlier time period as may be necessary to prevent agreement on the forfeiture part of the Premises, Project or Lessor to subject the Lessor's estate to liability under any interest mechanic's lien law. In lieu 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 discharging any such lien and deliver to Landlord as provided above, Tenant may deposit with Lessor a bond certificate of deposit issued by a bank or other security reasonably satisfactory acceptable to LandlordLessor in its sole discretion, in an amount equal to one hundred fifty percent (150%) of the sum of the amount claimed due on such lien, plus attorney's fees, interest and other sums claimed due therewith. If Tenant fails shall be entitled to timely take either all dividends and interest accruing on said deposit. Tenant shall diligently defend against any such action, then Landlord may pay the lien claim, and . In the event that any amounts so paid, including expenses and interest, such lien shall be paid established by agreement between Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and the Lienor, or by legal adjudication, Lessor 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 entitled to any portion use so much of the Premisesdeposit as is necessary to pay off and discharge such lien, at returning any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively excess 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseTenant.
Appears in 1 contract
Sources: Lease (Broadview Institute Inc)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party (not including the work to be performed by Landlord pursuant to Exhibit D hereto) 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 lien is filed, then Tenant shall, within thirty (30) ten 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, then the Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) ten 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 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, the 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits judgments, DIRECTORSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, SHARE-HOLDERSmaterials furnished, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnishedTenant shall not be deemed to be the agent or representative of, or obligations incurred by the contractor for, Landlord in making any alterations, additions or at improvements to the request of a Tenant Party shall be deemed authorized and ordered by Tenant onlyLeased Premises, and shall have no power or authority to encumber any interest in the Leased Premises, except as expressly permitted herein. Tenant shall not permit or suffer any laborer's, materialman's, mechanic’s 's or other similar liens to be filed against or otherwise imposed on any part of 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 workLeased Premises. If any laborer's, materialman's, mechanic's or other similar lien or claim thereof is filed and if Tenant does not cause such lien to be released and discharged forthwith, or file a lien is filedbond approved by Landlord in lieu thereof, then Tenant shallon demand by Landlord (but in all events prior to foreclosure thereof, within thirty (30) 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, Project or any interest of Landlord therein therein, or the imposition of a civil or criminal fine with respect thereto), either:
(1) pay same shall constitute an Event of Default, and Landlord shall have the amount right, at its option, in addition to and cumulative of the lien rights and cause remedies provided in this Lease, without the lien to be released necessity of record; any notice or (2) diligently contest such lien and deliver to Landlord a bond demand, vacate or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay release the lien claim, and any amounts so paidsame, including expenses to pay all sums to obtain such release and interest, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord discharge 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 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 reimburse Landlord for the furnishing of any labor, services, materials, supplies or equipment same upon demand together with respect to any portion of the Premises, interest thereon at any time rate set forth in Section 4.4 from the date hereof such costs are incurred until paid by Tenant. Tenant hereby agrees to indemnify, defend the end Landlord, at ▇▇▇▇▇▇’s sole cost and expense, against any actions, lawsuits or proceedings brought against the Landlord as a result of liens filed against the TermLeased Premises due to the actions of Tenant and its employees and contractors, are and the Tenant hereby charged with notice that they look exclusively agrees to Tenant indemnify, defend, and hold harmless the Landlord against any such liens or claims of liens, and agrees to obtain payment for samepay any judgment or lien against the Landlord or the Landlord’s property resulting from any such actions, suits, or proceedings brought to enforce any such lien or claim. Nothing herein contained herein, however, shall be deemed a imply any consent by or agreement on the part of Landlord or anyone holding under Landlord to subject Landlord's interest to liability under any liens being placed upon mechanic's or other lien law, regardless of whether the Premises, Project performance 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 furnishing of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORDlabor, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity services or materials to Tenant or anyone holding under Tenant shall survive termination or expiration of this Leasehave been consented to by Landlord.
Appears in 1 contract
Sources: Ground Lease Agreement
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for: (i) work performeddone by Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear and harmless from and against, all mechanics’ and materialmen’s stop notices, liens and claims of liens (collectively, “Liens”), and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant. If any such Lien, at any time, is filed against the Premises, or obligations any part of the Project, Tenant will cause such Lien to be discharged of record within 30 days after the date Tenant receives notice of the filing of such Lien, either by resolving the matter and causing a release to be recorded in the Official Records of the County in which the Project is located, or by recording a mechanic’s lien release bond in accordance with the provisions of Civil Code Section 8424. If Tenant fails to timely cause the Lien to be removed as described above, Landlord may, at its option, pay to the claimant all amounts necessary to discharge the Lien, regardless of the validity or enforceability of the claim, together with any actual related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such Lien, will be due within 30 days of Landlord’s invoice or statement from Tenant to Landlord as Additional Rent. If Tenant reasonably requests additional documentation or information regarding the charges set forth in such invoice or statement, then Landlord shall promptly provide such documentation or information (which may be provided by or at the request of a Tenant Party shall email) as Landlord reasonably determines appropriate to substantiate such charges. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord’s interest in all or any portion of the Project to liability under any Lien or to any other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives notice that a Lien has been or is about to be filed against the Premises or any part of the Project, or that any action affecting title to the Project in connection therewithhas been commenced to enforce a Lien or otherwise on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least 10 business days prior to the commencement of any such workwork (including, Tenant shall deliver but not limited to, any repairs or Alterations) in or 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 thirty (30) 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, 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. 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 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 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 any party claiming through Tenant, Tenant will give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion written notice of the cost proposed work and the names and addresses of such the persons supplying labor and materials for the proposed work. TENANT SHALL INDEMNIFYLandlord will have the right to post notices of non-responsibility or similar notices, DEFEND AND HOLD HARMLESS LANDLORDif applicable, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination on the Premises or expiration of this Leasein the public records in order to protect the Premises and Project against such Liens.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall Lessee will not permit any mechanic’s liens 's or other lien or encumbrance to be filed against or placed upon the Demised Premises or any building or buildings or other improvements on the Premises or during the Project term of this Lease, and in connection therewith. Upon completion case of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such workattaching will promptly pay off the same. If such a lien is filed, then Tenant shall, within default in the payment thereof shall continue for thirty (30) days after Landlord has delivered written notice thereof from Lessor to Lessee, Lessor shall have the right at its option and without inquiring as to the validity or the correctness of the filing thereof to Tenant (amount or such earlier time period as may be necessary to prevent amounts thereof, of paying the forfeiture of the Premises, Project same 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. If Tenant fails to timely take either such action, then Landlord may pay the lien claimportion thereof, and any amount or amounts so paid, including expenses attorneys' fees and interestexpenses, together with interest at the rate specified in Section III hereof on the amount or amounts of such expenditures from the respective dates thereof, shall become so much additional and further rent due from Lessee to Lessor hereunder. Notwithstanding the foregoing, ▇▇▇▇▇▇ shall have the right to contest a mechanic's lien claim. In the event of such a contest, ▇▇▇▇▇▇ shall not be paid by Tenant deemed in default hereunder during the pendency of such contest, and Lessor shall not be entitled to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord pay the lien in accordance with the requirements of this Section X. Provided, however, if ▇▇▇▇▇▇ shall contest the validity of any such mechanic's lien claim, Lessee shall, at its sole expense, defend itself and Tenant acknowledge and agree that their relationship is Lessor against the same and shall pay and satisfy any adverse judgment that may be solely that of “landlord-tenant” (thereby excluding rendered thereon before the enforcement thereof against the Lessor or the Demised Premises; and if Lessor shall require, Lessee shall furnish to Lessor 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 surety bond satisfactory to Lessor in an amount equal to such contested mechanic's lien claim indemnifying Lessor against liability for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of same and holding the Premises, at any time Demised Premises free 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 effect of such workmechanic's lien claim. TENANT SHALL INDEMNIFYIf Lessee shall fail to defend Lessor as hereinabove provided, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity Lessor may require Lessee to pay Lessor's reasonable attorneys' fees and costs in such action if Lessor shall survive termination or expiration of this Leasedetermine it to be necessary to so participate to protect ▇▇▇▇▇▇'s interest.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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, whose cost exceeds $50,000 Tenant shall shall, upon the written request of Landlord, use commercially reasonable efforts to obtain and 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 thirty (30) days promptly after Landlord has delivered notice discovery of the filing thereof to Tenant (or existence of such earlier time period as may be necessary to prevent the forfeiture of the Premiseslien, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, then and such failure continues ten (10) days following written notice from Landlord to Tenant of such failure, Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) ten 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 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 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSactual out of pocket damages (excluding consequential and punitive damages) and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Efj Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 or construction 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 lien is filed, then Tenant shall, within thirty ten (3010) 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, 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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interestinterest at the Default Rate, shall be paid by Tenant to Landlord within thirty ten (3010) 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 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 INDEMNIFYTenant shall indemnify, DEFEND AND HOLD HARMLESS LANDLORDdefend and hold harmless Landlord, ITS PROPERTY MANAGERits property manager, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGInvesco, AND THEIR RESPECTIVE OFFICERSany subsidiary or affiliate of the foregoing, DIRECTORSand their respective officers, SHARE-HOLDERSdirectors, PARTNERSshareholders, EMPLOYEESpartners, MANAGERSemployees, CONTRACTORSmanagers, ATTORNEYS AND AGENTS contractors, attorneys and agents (COLLECTIVELYcollectively, THE the “INDEMNITEESIndemnitees”) FROM AND AGAINST ALL CLAIMSfrom and against any and all claims, DEMANDSdemands, CAUSES OF ACTIONcauses of action, SUITSsuits, JUDGMENTSjudgments, DAMAGES AND EXPENSES damages and expenses (INCLUDING 151177627 v8 REASONABLE ATTORNEYSincluding attorneys’ FEESfees and disbursements and court costs) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMEDin any way arising from or relating to the failure by any Tenant Party to pay for any work performed, MATERIALS FURNISHEDmaterials furnished, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive the expiration or earlier termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed11.1 Tenant shall pay, when due, all costs for construction done by it or caused to be done by it on the Premises. Tenant shall keep the Premises free and clear of all mechanic's liens and other liens by reason of work, labor, services or materials furnishedsupplied or claimed to have been supplied to or for Tenant, or 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 anyone holding the Premises or any part thereof through or under Tenant.
11.2 If Tenant shall, in good faith, contest the Project in connection therewith. Upon completion validity 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 filedlien, then Tenant shall, within thirty at its sole cost and expense, indemnify, defend and hold harmless Landlord, its agents, employees, partners (30including, in the case of a corporate partner, such corporation's shareholders, officers and directors) days after Landlord has delivered notice of and Lenders, and the filing thereof to Tenant (or such earlier time period as Facility against the same and shall pay and satisfy any adverse judgment that may be necessary to prevent rendered thereon before the forfeiture of the Premises, Project or any interest of Landlord therein enforcement thereof against such parties or the imposition of Facility. Tenant shall furnish to Landlord a civil or criminal fine with respect thereto), either:
(1) pay surety bond satisfactory to Landlord in an amount equal to one and one-half times the amount of the contested lien, indemnifying Landlord against liability for the same, as required by law for the holding of the Facility free from the effect of such lien or claim, or such other reasonable security as may be required by Landlord or its Lender. In addition, Landlord may require Tenant to pay Landlord's actual and cause reasonable attorneys' fees and costs in participating in such action if Landlord shall reasonably decide it is in its best interest to do so.
11.3 If Tenant shall fail to discharge any such lien within twenty (20) days of its being filed or fails to furnish reasonable security therefor as may be required by Landlord or Landlord's Lender, then, in addition to any other right or remedy of Landlord resulting from Tenant's said default, Landlord may, but shall not be obligated to, discharge the lien same either by paying the amount claimed to be released due or by procuring the discharge of record; or (2) diligently contest such lien and deliver by giving security or in such other manner as is or may be prescribed by law or practice of the state in which the Facility is located. Tenant shall repay to Landlord, as additional rent, on demand, all sums disbursed or deposited by Landlord a bond pursuant to the foregoing provisions of this section plus interest thereon at the then maximum rate of interest permitted by law, or if no maximum rate then applies, at the rate of 18% per annum. Nothing contained herein shall imply any consent or agreement on the part of Landlord to subject Landlord's estate to liability under any mechanic's 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 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaselaw.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, Landlord and Tenant shall covenant to each other that ---------------- they will not permit any mechanic’s liens lien to be filed against the Premises or the Project in connection therewithShopping Center (or any part thereof) 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. Upon completion Should any lien of any nature, including but not limited to the foregoing, be filed against the Premises, or the Shopping, Center (or any part thereof), the party on account of whose actions 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 has been filed shall, within thirty (30) days after Landlord has delivered receipt of written notice of such lien, cause said lien to be removed, or otherwise protected against execution during good faith contest, by substitution of collateral, posting a bond therefor, escrowing of adequate funds to cover the filing thereof to Tenant (claim and related transaction costs or such earlier time period other method as may be necessary permissible under applicable title insurance regulations and reasonably acceptable 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 other party hereto. If Tenant shall fail to cause the such lien to be released of record; so discharged 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 otherwise protected 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 notice of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordinglyfiling thereof, all materialmenthen, contractors, artisans, mechanics, laborers and in addition to any other persons now right or hereafter contracting with Tenantremedy of Landlord, any contractor or subcontractor of Tenant or any other Tenant Party for Landlord may, but shall not be obligated to, discharge the furnishing same, by paying the amount claimed to be due without inquiring as to the validity of any laborsuch lien, servicesand the amount so paid by Landlord, materialsincluding reasonable attorneys' fees incurred by Landlord in connection therewith, supplies or equipment with respect to any portion of plus interest at the Premises, at any time Default Rate from the date hereof until of Tenant's receipt of notice from Landlord that Landlord has paid same, shall be due and payable by Tenant to Landlord upon demand as Additional Rent. Furthermore, subject to the end terms of this paragraph, in the event Landlord desires or is required to obtain current title insurance covering the Shopping Center or any part thereof, whether such title insurance insures the interest of Landlord, a purchaser or prospective purchaser of the TermShopping Center or any part thereof, are hereby charged with notice that they look exclusively or any present or future lender, Tenant shall, at Tenant's sole cost and expense, take all action as may be required to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon induce 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 title insurance company issuing such title insurance (the cost of such workinsurance to be paid for by Landlord) to insure over (the cost of such endorsement or coverage to be paid for by Tenant) any mechanic's lien relating to or arising out of the construction of the Improvements which Tenant has allowed to remain filed of record against the Premises or the Shopping Center (or part thereof) more than thirty (30) days after receipt of written notice thereof. TENANT SHALL INDEMNIFYTenant agrees to indemnify, DEFEND AND HOLD HARMLESS LANDLORDdefend and hold Landlord harmless from and against any and all such title exceptions, ITS PROPERTY MANAGERand all costs, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseexpenses and attorneys' fees in connection with such title exceptions.
Appears in 1 contract
Sources: Lease (First Capital Institutional Real Estate LTD 4)
Mechanic’s Liens. All Tenant and any vendor, contractor or subcontractor performing work performedon behalf of Tenant shall keep the Building, materials furnishedthe Property, the Leased Premises and the improvements at all times during the Term of this Lease, free of mechanic's and materialmen's liens and other liens of like nature. Tenant at all times shall fully protect and indemnify Landlord against all such liens or obligations claims and against all attorneys fees and other costs and expenses growing out of or incurred by reason 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 on account of any such work, liens or claims. Should Tenant shall deliver fail fully 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 thirty (30) 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, Project or discharge 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 claim, Landlord. If Tenant fails to timely take either such action, then Landlord in its sole discretion, may pay the lien claimsame or any part thereof, and any Landlord shall be the sole judge of the validity of said lien or claim. All amounts so paidpaid by Landlord, including expenses and interesttogether with interest thereon at the "Prime Rate" (as defined in Paragraph 24.20) plus two percent (2%) per annum (but not in excess of the maximum lawful rate) from the time of payment by Landlord until repayment by Tenant, shall be paid by Tenant upon demand, and if not so paid, shall continue to bear interest at the aforesaid rate, payable monthly as Additional Rent. Notwithstanding the foregoing, Tenant shall not have any liability for nor shall Tenant indemnify Landlord within thirty against any such mechanic's or materialmen's liens and other liens of like nature placed on the Leased Premises, the Property or the Building by Landlord's Contractor (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that as hereinafter defined in Exhibit D), or any of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” Landlord's Contractor's subcontractors, suppliers, or materialmen, or other similar relationships). Accordinglycontractors employed by Landlord, all materialmen, contractors, artisans, mechanics, laborers and any other persons now arising out of 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 related in any funds held by Landlord way to reimburse the Tenant for any portion of Improvements constructed under Landlord's supervision pursuant to Exhibit D, to the extent the cost of such workTenant Improvements is to be paid with the proceeds of Landlord's Allowance for Tenant Improvement Costs (as defined in Exhibit D). TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS Nothing in the immediately preceding sentence shall relieve Tenant of any obligation under this Article XVI or elsewhere in this Lease for liens arising due to Tenant's failure timely to pay Tenant's Costs (COLLECTIVELY, THE “INDEMNITEES”as defined in Exhibit D) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.as provided in Exhibit D.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty fifteen (3015) 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, Project Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interestinterest at the Default Rate from the time of Landlord’s payment, shall be paid by Tenant to Landlord within thirty (30) ten 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 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 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 INDEMNIFYWithout limiting the generality of the foregoing, DEFEND AND HOLD HARMLESS LANDLORDTenant shall notify Landlord in writing no later than one (1) day after the commencement of any work or the furnishing of any materials at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, ITS PROPERTY MANAGERindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGdemands, AND THEIR RESPECTIVE OFFICERScauses of action, DIRECTORSsuits, SHARE-HOLDERSjudgments, PARTNERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, EMPLOYEESmaterials furnished, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All Tenant has no right or authority to impose or permit any lien or claim against the Premises, the Building, the Building Complex or its interest in or under this Lease. Tenant shall pay all costs for work performeddone by or for Tenant in the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) and Tenant will keep the Premises and the Building Complex free and clear of all mechanics' and other liens on account of work done by or for Tenant or persons claiming under it, materials furnishedexcluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or obligations incurred by expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or at the request of a for materials or supplies furnished to Tenant Party shall or persons claiming under Tenant. Should any such claims be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s made or liens to be filed recorded against the Premises Premises, the Building or the Project in connection therewith. Upon completion Building Complex or should any action affecting the title thereto be commenced as a result of any such work, Tenant shall deliver cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shallof Tenant's intent to contest it and, within thirty (30) five days after the recording of any such liens, Tenant shall either furnish to Landlord has delivered notice adequate security satisfactory to Landlord of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture at least 150% 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 claim, plus estimated costs and interest or bond over any lien and cause under CRS 38-2▇-▇▇▇ ▇▇▇ as soon as possible thereby have the lien to be against the Premises, Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of record; or (2) diligently contest such any lien for any amount is entered, Tenant shall immediately pay and deliver to Landlord a bond or other security reasonably satisfactory to Landlordsatisfy it. If Tenant fails to timely take either such actionpay any amount in the time periods provided herein, then Landlord may (but without being required to do so) pay the such lien claimor claim and any costs, and any amounts the amount so paid, including expenses and interestplus 20% of such amounts as an overhead/administration charge, together with reasonable attorneys' fees incurred in connection therewith, shall be paid by immediately due from Tenant to 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease (Convergent Group Corp)
Mechanic’s Liens. All Tenant shall pay or cause to be paid all costs for work performeddone by Tenant or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanics' liens, materials furnishedand other liens on account of work done far Tenant or persons claiming under it, excluding any finish work performed by Landlord pursuant to the Work Letter. Tenant hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or obligations incurred by expenses, including attorneys' fees, on account of any claims of any nature whatsoever including claims or at the request liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant Should Tenant receive any notice of intent to file a Tenant Party shall be deemed authorized and ordered by Tenant onlylien, and Tenant shall not permit deliver a copy of such notice to Landlord and shall promptly resolve the claim. Should any mechanic’s liens to be filed or recorded against the Premises or any action affecting the Project in connection therewith. Upon completion title thereto be commenced as a result of any such workwork (which term includes the supplying of materials), Tenant shall deliver cause such liens to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, be removed of record within thirty five (305) days after Landlord has delivered notice of the filing thereof or recording of such liens, If Tenant desires to contest any claim of lien. Tenant shall furnish to Landlord adequate security of at least one hundred fifty percent (or such earlier time period as may be necessary to prevent the forfeiture 150%) 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 claim, plus estimated costs and cause interest or, at Tenant's option, file a bond with the appropriate court and obtain a release of the lien pursuant to Section 38-▇▇-▇▇▇, ▇.R.S. If a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same at once if Tenant shall be released of record; in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed and shall not have given Landlord security as aforesaid, Landlord may (2but without being required to do so) diligently contest pay such lien or claim 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 claimany costs, and any amounts the amount so paid, including expenses and interesttogether with reasonable attorney's fees incurred in connection therewith, shall be paid by immediately due from Tenant to 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performedAt all times during the Term, materials furnishedTenant shall keep the Premises and all Improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or obligations incurred by equipment performed on or at furnished to the request of a Tenant Party shall be deemed authorized and ordered by Tenant onlyPremises. Notwithstanding the above, and Tenant shall not permit have the right to contest the legality or validity of any mechanic’s liens to be lien or claim filed against the Premises or the Project in connection therewithPremises. Upon completion a final adverse determination of any such workcontest, Tenant shall deliver pay and discharge the amount of the lien or claim determined to Landlord final be due, together with any penalties, fines, interest, cost, and expense which may have accrued. Should Tenant fail to pay and discharge or cause the Premises to be released from any such lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a or claim of lien is filed, then Tenant shall, within thirty (30) days after service on Tenant of written request from Landlord has delivered notice to do so, Landlord may pay, adjust, compromise, and discharge any such lien or claim of lien on any terms and in any manner that Landlord may deem appropriate. In that event, Tenant shall, on or before the first day of the filing thereof next calendar month following any such payment by Landlord, reimburse Landlord for the full amount paid by Landlord in paying, adjusting, compromising, and discharging that lien or claim of lien, including any attorneys’ fees or other costs expended by Landlord, together with interest at the then Interest Rate from the date of payment by Landlord to the date of repayment by Tenant. At all times, Tenant (shall fully cooperate with Landlord and any contractor, subcontractor, or such earlier time period as may be necessary other party conducting any construction or supplying any labor or materials in relation 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. 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 thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge shall fully comply with NRS Chapter 108 and agree Landlord shall record and effectuate a notice of non-responsibility in order to ensure that their relationship L▇▇▇▇▇▇▇’s interest in the Premises is and shall be solely not encumbered or otherwise affected as the result of work conducted on the Premises at Tenant’s direction. Tenant is hereby advised that it must comply with the requirements of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). AccordinglyNRS 108.2403, 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 which requires that prior to any portion of work, alteration, or repair, Tenant must record posted security with 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseStorey County Recorder.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 general contractors who performed such workwork the costs of which exceed of $25,000.00. If such a lien is filed, then Tenant shall, within thirty ten (3010) 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, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
either (1a) pay the amount of the lien and cause the lien to be released of record; , or (2b) diligently contest such lien and deliver to Landlord a bond or or, if Tenant does not wish to supply a bond, 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 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 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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including reasonable attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All Tenant shall pay or cause to be paid all costs for work performed, materials furnished, or obligations incurred done by or at on behalf of Tenant or caused to be done by or on behalf of Tenant on the request Premises of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s character which will or may result in liens to be filed against Landlord's interest in the Premises or Building and Tenant will keep the Project in connection therewithPremises and Building free and clear of all mechanic's liens and other liens on account of work done for or on behalf of Tenant or persons claiming under Tenant. Upon completion Tenant agrees to indemnify, defend and save Landlord and Landlord's lender harmless of and from all liability, loss, damage, costs or expenses, including attorneys' fees on account of any such workclaims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished to Tenant or persons claiming under Tenant. Tenant shall give Landlord at least ten (10) days written notice of the expected date of commencement of any work relating to alterations in the Premises to allow Landlord an opportunity to post the Premises with a notice of nonliability. If Tenant desires to contest any claim of lien, Tenant shall deliver furnish to Landlord final lien waivers from all contractors, subcontractors adequate security of at least one hundred and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty fifty percent (30150%) 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, 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 claim plus estimated costs and interest, or, at Tenant's option, file a bond with the appropriate court and obtain a release of the lien pursuant to Colorado law. If Tenant shall fail to pay any charge for which such a lien or suit to foreclose such a lien has been recorded or filed and cause shall not have caused the lien to be released of record; or as aforesaid, Landlord may (2but without being required to do so) diligently contest pay such lien or claim 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 claimany costs associated therewith, and any amounts the amount so paid, including expenses and interesttogether with reasonable attorneys' fees incurred in connection therewith, shall be paid by immediately due from Tenant to 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseas Additional Rent.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, (a) Tenant will not suffer or 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 's, laborer's or materialman's lien to be filed against the Premises Land, Building, or the Project in connection therewith. Upon completion 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 work, Tenant lien shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is at any time be filed, then Tenant shallTenant, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof 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 fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Owner may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such earlier time period as lien by deposit or by bonding or other proceedings. Owner may at its option and without waiving any of its rights set forth in the immediately preceding sentence, permit Tenant to contest validity of any such lien or claim, provided that in such circumstances the Tenant shall at its expense defend itself and Owner against the same and shall pay and satisfy any such adverse judgment that may be necessary to prevent rendered thereon before the forfeiture of enforcement thereof against the PremisesOwner, Project or any interest of Landlord therein the Premises or the imposition of building, provided further that Owner may at any time require the Tenant to post a civil or criminal fine bond with respect thereto), either:
an entity satisfactory to Owner in an amount one and one-half (11.5) pay times the amount of the lien and cause or to deposit with the lien Court exercising jurisdiction over such claim such amount as either the Court or statute may determine to be released sufficient as a release and discharge of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlordthe lien. If Tenant fails to timely take either shall not immediately make such actionpayment upon the request of Owner, then Landlord Owner may pay make said payment in the lien claim, amount so paid together with interest thereon from the date of payment and any amounts so paidall legal costs and charges, including attorney fees incurred by Owner in connection with said payment shall be deemed Additional Rent and shall be payable 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 and interestassociated therewith, shall be paid by Tenant to Landlord within thirty Owner on demand, with interest thereon at the Reimbursement Interest Rate from the due date until paid.
(30b) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and Nothing in this Lease, nor any approval by Owner of any of Tenant's Alterations or contractors, shall be solely that deemed or construed in any way as constituting consent by Owner for the making of “landlord-tenant” (thereby excluding any alterations or additions by ▇▇▇▇▇▇ within the meaning of any State law, or constituting a relationship request by Owner, expressed or implied, to any contractor, subcontractor, laborer or materialman for the performance of “owner-contractor,” “owner-agent” any labor 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 materials for the use or equipment with respect to any portion benefit 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseOwner.
Appears in 1 contract
Sources: Lease Agreement (Navidec Inc)
Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty fourteen (3014) 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, 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. 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 thirty fourteen (3014) 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 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, the 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 INDEMNIFYTenant shall indemnify, DEFEND AND HOLD HARMLESS LANDLORDdefend and hold harmless Landlord, ITS PROPERTY MANAGERits property manager, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGInvesco, AND THEIR RESPECTIVE OFFICERSany subsidiary or affiliate of the foregoing, DIRECTORSand their respective officers, SHARE-HOLDERSdirectors, PARTNERSshareholders, EMPLOYEESpartners, MANAGERSemployees, CONTRACTORSmanagers, ATTORNEYS AND AGENTS contractors, attorneys and agents (COLLECTIVELYcollectively, THE the “INDEMNITEESIndemnitees”) FROM AND AGAINST ALL CLAIMSfrom and against all claims, DEMANDSdemands, CAUSES OF ACTIONcauses of action, SUITSsuits, JUDGMENTSjudgments, DAMAGES AND EXPENSES damages and expenses (INCLUDING 151177627 v8 REASONABLE ATTORNEYSincluding attorneys’ FEESfees) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMEDin any way arising from or relating to the failure by any Tenant Party to pay for any work performed, MATERIALS FURNISHEDmaterials furnished, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnishedfurnish- ed, or 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 's or construction 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 lien is filed, then Tenant shall, within thirty (30) ten 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, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. 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 thirty (30) ten 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 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 in 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 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, the Project or Landlord’s '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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 's liens to be filed against the Premises or the Project Premises 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 thirty (30) 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, Project the Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. 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 thirty (30) ten 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 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 the Premises or Landlord’s '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 INDEMNIFYTenant shall defend, DEFEND AND HOLD HARMLESS LANDLORDindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ITS PROPERTY MANAGERdemands, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGcauses of action, AND THEIR RESPECTIVE OFFICERSsuits, DIRECTORSjudgments, SHARE-HOLDERSdamages and expenses (including attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, PARTNERSmaterials furnished, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Luvu Brands, Inc.)
Mechanic’s Liens. All work performed, materials furnished, Tenant will not suffer or 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 laborer’s or materialmen’s lien to be filed against the Demised Premises and/or Landlord’s Property or the Project in connection therewith. Upon completion any part of any such either by reason of work, Tenant labor services or materials supplied or claimed to have been supplied to Tenant; and if any mechanic’s, laborer’s materialman’s lien shall deliver to Landlord final lien waivers from all contractorsat any time be filed against the Demised Premises and/or Landlord’s Property any part thereof, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shallthe Tenant, within thirty twenty (3020) days after Landlord has delivered notice of the filing thereof thereof, shall cause the same to Tenant (or such earlier time period as may be necessary to prevent the forfeiture discharged of the Premisesrecord by payment, Project or any interest of Landlord therein or the imposition deposit, bond, order of a civil court of competent jurisdiction or criminal fine with respect thereto), either:
(1) pay the amount of the lien and otherwise. If Tenant shall fail to cause the any such lien to be released discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of record; or (2) diligently contest such lien by deposit or by bonding proceedings. Any amount so paid by ▇▇▇▇▇▇▇▇, plus all of Landlord’s costs and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If expenses associated therewith, shall constitute additional rent payable by Tenant fails to timely take either such action, then Landlord may pay the lien claim, under this Lease and any amounts so paid, including expenses and interest, shall be paid by Tenant tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant thereforon demand. Landlord and Tenant acknowledge and agree that their relationship is and Nothing in this Lease contained shall be solely that deemed or construed in any way of “landlord-tenant” (thereby excluding constituting consent by Landlord for the making of any alterations or additions by Tenant within the meaning of any current or future state law or any amendment thereof, or of constituting a relationship of “ownerrequest by ▇▇▇▇▇▇▇▇, either express or implied, to any contractor, sub-contractor,” “owner-agent” , laborer or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and materialman for the performance of any other persons now labor 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 materials for the use of benefit of Landlord. ▇▇▇▇▇▇ specifically agrees and acknowledges that Landlord is not a party to any portion agreement for the provision of work, labor services or materials to the Premises, at Demised Premises nor has Landlord reviewed any time from the date hereof until the end such contract and/or provided written consent of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing contained herein shall be deemed a imply any consent by or agreement on the part of Landlord to any liens being placed upon the Premises, Project or subject Landlord’s interest therein due estate to liability under any work performed by mechanics’ 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseother lien Law.
Appears in 1 contract
Sources: Office Lease (Alteva, Inc.)
Mechanic’s Liens. All work performedThe parties hereto expressly acknowledge and agree that the interest of Landlord in the Premises shall not be subject to liens for improvements made by Tenant, materials furnishedand Tenant shall so notify all contractors making any such improvements of such provision in this Lease. A notice of this provision shall be recorded by Landlord in the Dade County, Florida Clerk’s office. Tenant shall not suffer or permit any mechanic’s lien or other lien to be filed against the Premises, or obligations incurred any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of a Tenant Party shall be deemed authorized and ordered by Tenant onlyTenant, and Tenant shall not permit or of anyone holding the Premises, or any portion thereof, by, through or under Tenant. If any such mechanic’s liens to lien or other lien at the time shall be filed against the Premises or the Project in connection therewith. Upon completion of any such workportion thereof, 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 shallTenant, within thirty (30) days after Landlord has delivered notice the date Tenant first becomes aware of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premisessame, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto)shall cause said lien, either:
(1) pay the amount of the lien and cause the lien at Tenant’s election, either to be released discharged of record; record or (2) diligently contest such lien and deliver to Landlord be bonded over in a bond or other security manner which is reasonably satisfactory acceptable to Landlord. If Tenant fails shall fail to timely take either discharge such actionmechanic’s lien or liens or other lien or to bond over the same within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit of a cash sum or a bond or other security, or in such other manner as is now or may pay in the future be provided by present or future law for the discharge of such lien claimas a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and any amounts so paidexpenses in connection therewith (including reasonable attorneys’ fees), including expenses and interesttogether with interest thereon at the Maximum Interest Rate, shall be paid repaid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant demand therefor. Tenant shall indemnify, defend and hold harmless Landlord and Tenant acknowledge the Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” obligations, including, without limitation, reasonable attorneys’ fees, resulting from the assertion, filing, foreclosure 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 legal proceedings 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 such mechanic’s lien 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseother lien.
Appears in 1 contract
Sources: Commercial/Industrial Building Lease (Intcomex Holdings, LLC)
Mechanic’s Liens. All work performedSECTION 13.1 Tenant will not suffer or permit any Construction Lien Claim or Notice of Unpaid Balance and Right To File Lien ("LIEN") against the Demised Premises and/or Property or any part thereof, materials furnishedby reason of any work, services, material and/or equipment provided, or obligations incurred by claimed to have been provided, for or to Tenant or any contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant. If at the request of any time a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be Lien is filed against the Demised Premises or the Project in connection therewith. Upon completion of any such workand/or Property, Tenant shall deliver will cause the same to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, be discharged of record within thirty (30) days after Landlord has delivered notice to Tenant of the filing thereof of same. If Tenant fails to Tenant (discharge any such Lien within such period, then, in addition to any other right or such earlier time period as remedy of Landlord, Landlord may elect, but shall not be necessary obligated, either to prevent procure the forfeiture discharge of the PremisesLien by bonding or by payment or deposit into court of the amount claimed to be due, Project or any interest to compel the prosecution of Landlord therein or an action for the imposition foreclosure of a civil or criminal fine with respect thereto), either:
(1) such Lien by the lienor and to pay the amount of the lien judgment, if any, in favor of the lienor with interest, costs and cause allowances. Any amounts paid or deposited by Landlord for any of 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 claimaforesaid purposes, and any amounts so paidall legal and other expenses and disbursements of Landlord, including expenses reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which Chemical Bank announces as its so called prime rate or base rate, from time to time, plus five (5%) percent, from the date of payment or deposit, will become due and interest, shall be paid payable forthwith by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall Landlord, as additional rent.
SECTION 13.2 Nothing in this Lease will be solely that deemed or construed as the consent or authorization of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” Landlord, express or other similar relationships). Accordinglyimplied, all materialmenby inference or otherwise, contractors, artisans, mechanics, laborers and to any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant improvement to or any other Tenant Party alteration or repair of or to the Demised Premises or any part thereof, or to Tenant's contracting for or permitting the furnishing providing of any laborwork, services, materialsmaterial and/or equipment, supplies or equipment with respect which might give rise to the right to file 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 Lien against 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 's 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination Demised Premises or expiration of this Leasethe Property.
Appears in 1 contract
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for work performed(a) done by Tenant or caused to be done by Tenant, in or to the Premises, and (b) for all materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and h Landlord, the Premises, and the Building free, clear, and harmless of and from all mechanics' 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 pursuant to the Workletter. If any such lien, at any time, is filed against the Premises or any part of the Building or land, Tenant will cause such lien to be discharged of record within ten days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such ten day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs an interest, or obligations incurred by comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or at the request existence of a lien for any amount is entered, Tenant Party shall will pay and satisfy the same at once, If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as additional rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord's interest in the Building or land I liability under any mechanics' or other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives written notice that a lien has been or is about to be filed against the Premises Premises, Building or land, or that any action affecting title to the Project Building or land has been commenced on account of work done by or for or material furnished to or for Tenant, it will immediately give Landlord written notice of such notice. At least I S days prior to the commencement of work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in connection therewith. Upon completion of any such workor to the Premises, by Tenant, Tenant shall deliver to will give Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent proposed work and the forfeiture names and addresses of the Premises, Project or any interest of Landlord therein or persons supplying labor and mat for 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. 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 thirty (30) days after Landlord has invoiced Tenant thereforproposed work. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that will have the right to post notices of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” nonresponsibility or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and written notices on the Premises in order protect the Premises against 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseliens.
Appears in 1 contract
Sources: Office Lease (Virage Logic Corp)
Mechanic’s Liens. All Tenant shall promptly pay in cash or its equivalent and discharge all claims for work performedor labor done or goods or materials furnished by third parties at the Premises, materials furnished, or obligations incurred by or at the request of a Tenant Party or any Subtenant and shall be deemed authorized keep the Premises free and ordered by Tenant only, and Tenant shall not permit any clear of all mechanic’s and materialman’s liens to be filed against the Premises or the Project in connection therewith. Upon completion If any mechanic’s or materialman’s lien is filed for work done on behalf of Tenant or any such workSubtenant at, or materials supplied to, the Premises by a third party, Tenant shall deliver to Landlord final remove such lien waivers from all contractors, subcontractors by payment or bond (regardless of whether Tenant contests the claim made by the person asserting such lien and materialmen who performed regardless of whether such work. If such a lien claim is filed, then Tenant shall, within valid or has any basis in fact or law) not later than thirty (30) days after written demand for such removal is made by Landlord. If Tenant shall fail to discharge any such lien within such 30-day period, then in addition to any other right or remedy of Landlord, Landlord has delivered notice may, but shall not be obligated to, take such action or pay such amount as Landlord, in its sole discretion, shall deem appropriate to remove such lien, and Tenant shall pay to Landlord as Additional Rent all amounts (including attorneys’ fees) paid or incurred by Landlord in connection therewith within five (5) days after demand by Landlord, together with interest at the Agreed Rate from the date of payment by Landlord. Notwithstanding the filing thereof foregoing, Tenant shall have the right to Tenant (or such earlier time period as may be necessary to prevent contest the forfeiture of the Premises, Project or any interest of Landlord therein correctness or the imposition validity of any such lien if, immediately upon demand by Landlord, Tenant procures and records a civil or criminal fine with respect thereto), either:
(1) pay lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the lien claim of lien. The bond shall meet the requirements of Civil Code § 3143 or any similar or successor statute and cause shall provide for the lien payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Landlord shall have the right to be released post and keep posted at any and all times on the Premises any notices for the protection of record; Landlord and the Premises from any such claim. Tenant shall, before the commencement of any work, or (2) diligently contest the delivery of any materials, which might result in any such lien and deliver lien, give 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 thirty written notice of its (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 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 subtenant’s) intention to perform such work or obtain such materials in sufficient time to enable 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 posting of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasenotices.
Appears in 1 contract
Mechanic’s Liens. All Tenant shall keep all of the Premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', materialmen's or labor liens or other liens for and arising out of or in connection with the work or labor done, services performed, or materials furnishedor appliances used or furnished for or in connection with any operations of the Tenant, any alteration, improvement, or repairs or additions which Tenant may make or permit or cause to be made, or work or construction, by, for, or permitted by Tenant on or about the Premises, or any obligations of any kind incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant onlyTenant, and Tenant shall not permit at all times promptly and fully pay and discharge any and all claims on which any such lien may or could be based, and to indemnify Landlord and all of the Premises and all buildings and improvements thereon against any such liens and claims of lien and suits or other proceedings pertaining thereto. Any mechanic’s liens to be lien filed against the Premises Premises, or the Project in connection therewith. Upon completion building of any such workwhich the same form a part, for work claimed to have been done for, or materials claimed to have been furnished to Tenant, shall be discharged by 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 thirty fifteen (3015) days after Landlord has delivered notice of the filing thereof to Tenant (by ▇▇▇▇▇▇▇▇ or such earlier time period as may be necessary to prevent the forfeiture of the Premisesby record notice, 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 Landlordat ▇▇▇▇▇▇’s expense. If Tenant fails to timely take discharge any such Mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by payment of the amount claimed or by procuring discharge of such action, then lien by deposit in court or giving of security or in such other manner as may be prescribed by law. Any amount paid by Landlord may pay the lien claim, and to discharge any amounts so paidsuch lien, including all necessary disbursements, expenses and interestreasonable legal fees, with interest thereon at the rate of ten percent (10%) from the date of any payment, shall be paid repaid by Tenant to Landlord within thirty (30) days after on demand and, if unpaid, may be treated as additional rent. Notice is hereby given that Landlord has invoiced shall not be liable for any labor or materials furnished or to be furnished to Tenant therefor. Landlord upon credit, and Tenant acknowledge and agree that their relationship is and no lien for any such labor or materials shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” attach to or affect the reversionary or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers estate or interest of Landlord in and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant to the Premises or any other Tenant Party for the furnishing of part thereof or 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 appurtenances 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseequipment.
Appears in 1 contract
Sources: Commercial Lease Agreement
Mechanic’s Liens. All Tenant shall pay or cause to be paid all costs for work performed, materials furnished, done by Tenant or obligations incurred caused to be done by or at Tenant on the request Premises of a Tenant Party shall be deemed authorized and ordered by Tenant onlycharacter which will or may result in liens on Landlord's interest therein, and Tenant shall not permit will keep the Premises and Building Complex free and clear of all mechanic's liens and other liens on account of work done or claimed to have been done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including attorneys' fees, and interest incurred on account of any mechanic’s claims of any nature whatsoever, including claims on lien of laborers, materialmen or others for work actually or allegedly performed for, or materials or supplies actually or allegedly furnished to, Tenant or persons claiming under Tenant. Should any liens to be filed or recorded against the Premises or any portion of the Project Building Complex or any action affecting the title thereof be commenced, Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any claim of lien, it shall furnish Landlord with security adequate to the Landlord [which shall equal at least one hundred fifty percent (150%) of the amount of the claim], plus estimated costs and interest; and if a final judgment establishing the validity or existence of any lien for any amount is entered, and if Tenant shall be in default in paying any charge for which a mechanic's lien or suit to foreclose a lien has been recorded or filed, and shall not have given Landlord security as aforesaid, then Landlord may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord. Upon completion Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or required by law which Landlord shall deem proper for the protection of Landlord and the Premises, or any such workother party having an interest therein, from mechanic's and materialmen's liens. Tenant shall deliver give written notice 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 at least thirty (30) days after Landlord has delivered notice prior to the commencement of the filing thereof any work relating to Tenant (alterations or such earlier time period as may be necessary additions to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or and if requested by Landlord, provide partial lien waivers relating to the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount of the lien and cause the lien work to be released of record; or (2) diligently contest such lien performed as 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 when the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship work 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseperformed.
Appears in 1 contract
Sources: Office Building Lease (Solera National Bancorp, Inc.)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Premises leased premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Project in connection therewithleased premises at the request of Tenant, or anyone holding the leased premises, or any portion thereof, through or under Tenant. Upon completion of If any such workmechanic's lien or other lien shall at any time be filed against the leased premises, or any portion thereof, Tenant shall deliver cause the same to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, be discharged of record within thirty (30) days after the date of filing. If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, Landlord has delivered notice may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the filing leased premises by deposit in the court having jurisdiction of such lien, the foreclosure 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 other proceedings with respect thereto), either:
(1) pay of a cash sum sufficient to secure the amount discharge of the lien and cause same, or by the lien to be released deposit of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the leased premises. Any amount paid by Landlord. If Tenant fails , or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at a rate equal to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interestlesser of eighteen percent (18%) per annum or the highest lawful rate, shall be paid repaid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant acknowledge shall indemnify and agree that their relationship is defend Landlord against and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” save Landlord and the leased premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees, resulting from the assertion, filing, foreclosure or other similar relationships)legal proceedings with respect to any such mechanic's lien or other liens. Accordingly, all All materialmen, contractors, artisans, mechanics, laborers and any other persons person 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 to Tenant with respect to the leased premises, or any portion of the Premises, at any time from the date hereof until the end of the Termthereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Nothing herein Notice is hereby given that Landlord shall not be deemed a consent by Landlord liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any liens being placed upon such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect 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 estate or interest of Landlord in any funds held by Landlord and to reimburse Tenant for the leased premises, or any portion of the cost of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasethereof.
Appears in 1 contract
Sources: Lease (Daleen Technologies Inc)
Mechanic’s Liens. All Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work performed, done or materials or supplies furnished, or obligations incurred claimed to have been done or furnished, by any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or at for Tenant) which might be or become a lien or encumbrance or charge upon the request Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. If any lien, or notice of lien on account of an alleged debt of Tenant or any notice of contract by a Tenant Party shall be deemed authorized and ordered party engaged by Tenant only, and Tenant or Tenant’s contractor to work on the Demised Premises shall not permit any mechanic’s liens to be filed against the Premises Building or the Project in connection therewith. Upon completion of any such workpart thereof, 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 shallTenant, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof thereof, will cause the same to Tenant (or such earlier time period as may be necessary to prevent the forfeiture discharged of the Premisesrecord by payment, Project or any interest of Landlord therein or the imposition deposit, bond, order of a civil court of competent jurisdiction or criminal fine with respect thereto)otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period aforesaid, either:
(1) then, in addition to any other right or remedy, Landlord 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, 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 of the lien judgment in favor of the lienor with interest, costs and cause the lien to be released of record; or (2) diligently contest such lien allowances. Any amount so paid by Landlord 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, all costs and any amounts so paidexpenses, including expenses attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and interest, shall be paid by Tenant to 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 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 sameon demand. Nothing herein contained shall be deemed a consent obligate Tenant to pay or discharge any lien created 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Maxcyte, Inc.)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall will not permit any mechanic’s liens 's lien or other lien to be filed against the Premises or the Project in connection therewith. Upon completion by reason of any such workwork performed by or for, or material furnished to, Tenant shall deliver (including, without limitation, any work undertaken by Tenant pursuant to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such workSection 9.
1). If any such a lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier filed at any time period as may be necessary to prevent the forfeiture of against the Premises, Project Tenant will cause the same to be discharged of record (which discharge may, at Tenant's option, be effected by bonding over such lien in accordance with applicable law) within 30 days after delivery of notice from Landlord concerning the filing of such lien. If Tenant fails to discharge any such lien within such period, then, in addition to any other right or any interest remedy of Landlord, Landlord therein may, but will not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the imposition discharge of a civil such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or criminal fine other proceedings with respect thereto), either:
(1) pay of a cash sum sufficient to secure the amount discharge of the lien and cause same, or by the lien to be released deposit of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future Laws for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord. If Tenant fails to timely take either such action, then Landlord may pay or the lien claimvalue of any deposit so made by Landlord, together with all costs, fees and any amounts so paidexpenses in connection therewith (including reasonable attorney's fees of Landlord), including expenses and interesttogether with interest thereon at the Interest Rate, shall will be paid repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. Notwithstanding the foregoing, if Tenant desires to contest any such lien, Tenant may do so provided that, within thirty (30) 15 days after Landlord has invoiced notifies Tenant thereforof the filing thereof, Tenant notifies Landlord of Tenant's intention to do so and, until such time as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law, posting with Landlord such security as Landlord may reasonably request to provide funds with which Landlord may discharge such lien in the event Tenant is unsuccessful in its contest and then fails to discharge such lien. Tenant will indemnify and defend Landlord against and save Landlord and Tenant acknowledge the Premises harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure 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 legal proceedings 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 such mechanic's lien 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseother lien.
Appears in 1 contract
Mechanic’s Liens. All Tenant shall promptly pay any contractors and materialmen who supply labor, work performedor materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, materials furnishedlaborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or obligations notice of lien to be discharged of record by payment, deposit, bond or otherwise within fifteen (15) days after the filing thereof or after Tenant's receipt of notice thereof, whichever is earlier, regardless of the validity of such lien or claim. If Tenant shall fail to cause 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, 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 of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of twelve percent (12%) per annum from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any 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 request of a Tenant Party contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed authorized and ordered or construed in any way to constitute the consent or request by Tenant only, and Tenant shall not permit Landlord for the performance of any mechanic’s liens to work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Project in connection therewith. Upon completion Building or the Property or any part of any such workthereof, nor as giving Tenant shall deliver any right, power or authority 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 thirty (30) days after Landlord has delivered notice contract or permit the performance of the filing thereof to Tenant (any work or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project services 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. 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 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 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 materials for which any portion of lien could be filed against the Premises, at the Building, the Property or any time from part of any thereof. Throughout this Lease the date hereof until term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the end Premises or the Property or any interest therein or income therefrom on account of the Termany mechanic's, are hereby charged with 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 that they look exclusively 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 to obtain payment for same. Nothing herein shall be deemed a consent and any injunctive or equitable action brought by Landlord any person entitled 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasemechanic's lien.
Appears in 1 contract
Mechanic’s Liens. All Tenant shall keep the title to the Building and/or the Complex free and clear of any lien or encumbrance with respect to any work performed, materials furnishedordered by Tenant in the Demised Premises. Notice is hereby given that Tenant has no right to encumber the title of Landlord, or obligations incurred by of any party through whom Landlord's Estate is derived, on account of any work performed or materials supplied at the request of a Tenant Party shall be deemed authorized or of Tenant's employees, agents or contractors. Tenant hereby agrees to indemnify, defend and ordered by Tenant onlyhold Landlord harmless against any claim, loss, cost, demand and reasonable legal or other expense, whether in respect of any lien or otherwise, arising out of the supply of material, services or labor for such work. Tenant shall not permit any mechanic’s liens to be filed against the Premises or the Project in connection therewith. Upon completion immediately notify Landlord of any such worklien, claim of lien, or other action of which Tenant has knowledge, and which affects (or purports to affect) the title to the Building or the Complex, and 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, fully bond or remove same within thirty (30) days after of Tenant's knowledge of same (or, if Landlord or any party through whom Landlord's Estate is derived), has delivered notice a sale, financing or refinancing then pending with respect to all or a part of the filing thereof to Tenant Building and/or the Complex, then within five (or 5) Business Days), time being of the essence, failing which Landlord may take such earlier time period action as may be Landlord deems reasonably necessary to prevent remove the forfeiture same, and the entire cost of the Premises, Project or any interest removal 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. 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, same shall be paid immediately due and payable by Tenant to Landlord, together with interest thereon at the Base Rate from the date Landlord within makes such payment, as Additional Rent. At least 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 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 prior to the furnishing commencement 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 in, on or deemed to give about all or any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion part of the cost Building, Tenant shall notify Landlord of such the proposed work and the names and addresses of the persons likely to be supplying labor and materials for the proposed work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity provisions of this Section shall survive termination or expiration apply to Tenant starting as of the date of this Lease, and shall survive the Term.
Appears in 1 contract
Mechanic’s Liens. All work performedTENANT shall not suffer or permit any liens to stand against the Demised Premises or any part thereof by reason of any work, labor, services or materials furnisheddone for, or obligations incurred by supplied to, or claimed to have been done for, or supplied to, TENANT or anyone holding the Demised Premises or any part thereof through or under TENANT. If such lien shall 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 time be filed against the Premises or Demised Premises, TENANT shall cause the Project in connection therewith. Upon completion same to be discharged 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, record within thirty ninety (3090) days after Landlord has delivered notice the date of filing the same, by either payment, deposit or bond. If TENANT shall fail to discharge any such lien within such period, then, in addition to any other right or remedy of LANDLORD, LANDLORD may, but shall not be obligated to, procure the discharge of the filing thereof same either by paying the amount claimed to Tenant (be due by deposit in court or bonding, and/or LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of an action for the foreclosure of such earlier time period as may be necessary lien by the lienor and 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 judgment, if any, in favor of the lienor with interest, costs and cause allowances. Any amount paid or deposited by LANDLORD for any of 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 claimaforesaid purposes, and any amounts so paidall legal and other expenses by LANDLORD, including expenses reasonable attorney fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the then maximum legal rate per annum from the date of payment or deposit, shall become due and interestpayable forthwith by TENANT to LANDLORD, or, at the option of LANDLORD, shall be paid payable by Tenant TENANT to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord LANDLORD as additional rent and Tenant acknowledge and agree that their relationship is and LANDLORD 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 have the same remedy for the furnishing non-payment thereof as for the non-payment of basic rent as herein provided. LANDLORD hereby gives notice to all persons who may furnish labor or material to TENANT at the premises that LANDLORD does not consent to the filing of any labormechanic’s or materialmen’s liens against LANDLORD’s estate in the premises, services, and that all persons furnishing labor or materials shall look only to the credit of TENANT and such security as TENANT may furnish for the payment of all such labor and 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease (Durata Therapeutics, Inc.)
Mechanic’s Liens. All Tenant has no right or authority to impose or permit any --------------- lien or claim against the Premises, the Building, the Building Complex or its interest in or under this Lease. Tenant shall pay all costs for work performeddone by or for Tenant in the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) and Tenant will keep the Premises and the Building Complex free and clear of all mechanics' and other liens on account of work done by or for Tenant or persons claiming under it, materials furnishedexcluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or obligations incurred by expenses, including attorneys' fees, on account of any claims of any nature whatsoever for work performed or at the request of a for materials or supplies furnished to Tenant Party shall or persons claiming under Tenant. Should any such claims be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s made or liens to be filed recorded against the Premises Premises, the Building or the Project in connection therewith. Upon completion Building Complex or should any action affecting the title thereto be commenced as a result of any such work, Tenant shall deliver cause the claim to be satisfied before being recorded, or if the claim or lien is recorded to be removed of record within five days after recording. If Tenant desires to contest any claim or lien, Tenant shall give notice to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shallof Tenant's intent to contest it and, within thirty (30) five days after the recording of any such liens, Tenant shall either furnish to Landlord has delivered notice adequate security satisfactory to Landlord of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture at least 150% 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 claim, plus estimated costs and interest or bond over any lien under CRS ▇▇-▇▇-▇▇▇ and cause as soon as possible thereby have the lien to be against the Premises. Building and Building Complex discharged and released in full. If a final judgment establishing the validity or existence of record; or (2) diligently contest such any lien for any amount is entered, Tenant shall immediately pay and deliver to Landlord a bond or other security reasonably satisfactory to Landlordsatisfy it. If Tenant fails to timely take either such actionpay any amount in the time periods provided herein, then Landlord may (but without being required to do so) pay the such lien claimor claim and any costs, and any amounts the amount so paid, including expenses and interestplus 20% of such amounts as an overhead/administration charge, together with reasonable attorneys' fees incurred in connection therewith, shall be paid by immediately due from Tenant to 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 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Section 12.1 Tenant shall not suffer or permit any mechanic’s mechanics' liens, materialman's liens or other liens to be filed against the Demised Premises or any part thereof by reason of work, labor or services performed or materials supplied or claimed to have been performed or supplied, whether prior or subsequent to the Project date of this Lease, for Tenant or any one holding the Demised Premises or any part thereof for, through or under Tenant. If any such lien shall at any time be filed against the Demised Premises, Tenant shall cause the same to be discharged of record within thirty (30) days after the date of receipt of notice by Tenant of the filing of the same. Landlord agrees that, should it receive notice of the aforesaid filing, it will thereupon send a notice to Tenant, whereupon the aforesaid thirty (30) days period shall begin to run; provided, however, that, if Tenant shall receive prior actual notice of the aforesaid filing, whether official or not, then the thirty (30) day period shall commence to run upon the receipt of such prior actual notice. If Tenant shall fail to discharge such mechanic's lien or other lien within such period, then, in addition to any other right or remedy of Landlord, the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due without inquiry into the validity of the same. Any amount paid by Landlord in procuring the discharge of such lien and all of Landlord's necessary disbursements, including attorneys' fees, in connection therewith. Upon completion , with interest thereon at the rate of 12% per annum from the date of payment, shall be repaid by Tenant to Landlord on demand and, if unpaid, may be treated as additional rent as provided in Article 8 above.
Section 12.2 Tenant, however, shall have the right to contest any such worklien or liens, 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 shallprovided that, within thirty (30) days after any sending of notice by Landlord as aforesaid or receipt of actual notice that the lien has delivered notice of attached to the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Demised Premises, Project or any interest whichever shall sooner occur, Tenant shall give notice to Landlord of Landlord therein or its intention to so contest the imposition of a civil or criminal fine with respect thereto)same, either:
(1) pay such notice to specify the amount of the lien or liens to be contested, and cause provided that, at the time of the giving of such notice, Tenant shall deposit with Landlord in an interest bearing account, a sum equal to 125% of the amount of the lien or liens to be released contested, and provided further that Tenant shall proceed to contest the validity or amount of record; or (2) diligently contest such lien or liens by appropriate legal proceedings. While such legal proceedings are pending and deliver Tenant is not in default with respect to any of the deposits provided for in this Section 12.2, Landlord a bond shall not pay, remove or other security reasonably satisfactory to Landlorddischarge any such lien so contested. If Tenant fails Tenant, after making such deposit, shall fail to timely take either contest the validity or amount of any such actionlien by appropriate legal proceedings which shall operate effectively to remove such lien from the Demised Premises, then Landlord may pay shall apply such deposit to the lien claimpayment of such lien, all accrued interest, and any amounts so paidand all other charges in connection therewith, including expenses in such manner and at such time as Landlord shall determine, and the balance, (with accrued interest) if any, shall be paid to Tenant. If the sums deposited with Landlord pursuant to this Section 12.2 shall be insufficient to pay such lien or liens and accrued interest, with all other charges incurred in connection therewith or related thereto, Landlord may, but shall not be obligated to, pay the same. Any amount so paid by Landlord with interest thereon at the rate of 12% per annum from the date of such payment shall be repaid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord on demand and Tenant acknowledge and agree that their relationship is and shall if unpaid may 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 treated as additional rent as provided 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, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this LeaseArticle 8 above.
Appears in 1 contract
Mechanic’s Liens. All work performed, materials furnished, or 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 lien is filed, then Tenant shall, within thirty ten (3010) 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, Project Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
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. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interestinterest at the Default Rate from the time of Landlord’s payment, shall be paid by Tenant to Landlord within thirty (30) ten 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 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 Effective Date 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 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 INDEMNIFYWithout limiting the generality of the foregoing, DEFEND AND HOLD HARMLESS LANDLORDTenant shall notify Landlord in writing no later than one (1) day after the commencement of any work or the furnishing of any materials at or to the Premises in order that Landlord shall be able timely to post and record Notices of Non-Responsibility. Tenant shall defend, ITS PROPERTY MANAGERindemnify and hold harmless Landlord and its agents and representatives from and against all claims, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOINGdemands, AND THEIR RESPECTIVE OFFICERScauses of action, DIRECTORSsuits, SHARE-HOLDERSjudgments, PARTNERSdamages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, EMPLOYEESmaterials furnished, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTYor obligations incurred by or at the request of a Tenant Party. The foregoing This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Solyndra, Inc.)
Mechanic’s Liens. All Tenant shall promptly pay in cash or its equivalent and discharge all claims for work performedor labor done or goods or materials furnished by third parties at the Premises, materials furnished, or obligations incurred by or at the request of a Tenant Party or any Subtenant and shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any mechanic’s liens to be filed against keep the Premises or the Project free and clear of all mechanic's and materialman's liens in connection therewith. Upon completion If any mechanic's or materialman's lien is filed for work done on behalf of Tenant or any such workSubtenant at, or materials supplied to, the Premises by a third party, Tenant shall deliver to Landlord final remove such lien waivers from all contractors, subcontractors by payment or bond (regardless of whether Tenant contests the claim made by the person asserting such lien and materialmen who performed regardless of whether such work. If such a lien claim is filed, then Tenant shall, within valid or has any basis in fact or law) not later than thirty (30) days after written demand for such removal is made by Landlord. If Tenant shall fail to discharge any such lien within such 30-day period, then in addition to any other right or remedy of Landlord, Landlord has delivered notice may, but shall not be obligated to, take such action or pay such amount as Landlord, in its sole discretion, shall deem appropriate to remove such lien, and Tenant shall pay to Landlord as Additional Rent all amounts (including attorneys' fees) paid or incurred by Landlord in connection therewith within five (5) days after demand by Landlord, together with interest at the Agreed Rate from the date of payment by Landlord. Notwithstanding the filing thereof foregoing, Tenant shall have the right to Tenant (or such earlier time period as may be necessary to prevent contest the forfeiture of the Premises, Project or any interest of Landlord therein correctness or the imposition validity of any such lien if, immediately upon demand by Landlord, Tenant procures and records a civil or criminal fine with respect thereto), either:
(1) pay lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the lien claim of lien. The bond shall meet the requirements of Civil Code ss. 3143 or any similar or successor statute and cause shall provide for the lien payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Landlord shall have the right to be released post and keep posted at any and all times on the Premises any notices for the protection of record; Landlord and the Premises from any such claim. Tenant shall, before the commencement of any work, or (2) diligently contest the delivery of any materials, which might result in any such lien and deliver lien, give 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 thirty written notice of its (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 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 subtenant's) intention to perform such work or obtain such materials in sufficient time to enable 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 posting of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leasenotices.
Appears in 1 contract
Mechanic’s Liens. Tenant shall not create or cause to be imposed, claimed or filed upon the Premises, or any portion thereof, or upon the interest of Landlord therein, any lien, charge or encumbrance whatsoever. If, because of any act or omission of Tenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) and Tenant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys' fees, at both trial and all appellate levels, resulting or on account thereof and therefrom. In the event that Tenant shall fail to comply with the provisions of this Section 18, Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant agrees to reimburse Landlord, upon demand and as additional rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon, until paid. Landlord's interest in the Premises shall not be subjected to liens of any nature by reason of Tenant's construction, alteration, renovation, repair, restoration, replacement or reconstruction of any improvements on or in the Premises, or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, mechanics' and materialmen's liens. All persons dealing with Tenant are hereby placed on notice that such persons shall not look to Landlord or to Landlord's credit or assets (including Landlord's interest in the Premises) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, renovation, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlord's interest in the Premises to any mechanic's or materialmen's lien or claim of lien. If a lien, a claim of lien or an order for the payment of money shall be imposed against the Premises on account of work performed, materials furnishedor alleged to have been performed, for or obligations incurred by or at the request on behalf of a Tenant Party shall be deemed authorized and ordered by Tenant onlyTenant, 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 lien is filed, then Tenant shall, within thirty (30) days after Landlord has delivered written notice 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 such lien, claim or criminal fine with respect thereto)order, either:
(1) pay the amount of the lien and cause the lien Premises to be released therefrom by the payment of record; the obligation secured thereby or (2) diligently contest such lien and deliver to Landlord by furnishing a bond or by any other security reasonably satisfactory to Landlordmethod prescribed or permitted by law. If a lien is released, Tenant fails shall thereupon furnish Landlord with a written instrument of release in form for recording or filing in the appropriate office of land records of Orange County, Florida, and otherwise sufficient to timely take either establish the release as a matter of record. Tenant may, at its option, contest the validity of any lien or claim of lien if Tenant shall have first posted an appropriate and sufficient bond in favor of the claimant or paid the appropriate sum into court, if permitted by law, and thereby obtained the release of the Premises from such actionlien. If judgment is obtained by the claimant under any lien, then Landlord may Tenant shall pay the lien claimsame immediately after such judgment shall have become final, and any amounts so paid, including expenses and interest, shall be paid by Tenant to 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 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 the time 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, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Lease.appeal
Appears in 1 contract
Sources: Assembly/Light Manufacturing/Office Lease (Triton Network Systems Inc)
Mechanic’s Liens. All Tenant will pay or cause to be paid all costs and charges for: (i) work performeddone by Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnishedfurnished for or in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear and harmless from and against, ail mechanics’ and materialmen’s stop notices, liens and claims of liens (collectively, “Liens”), and all other liabilities, liens, claims, and demands on account of such work by or on behalf of Tenant. If any such Lien, at any time, is filed against the Premises, or obligations any part of the Project, Tenant will cause such Lien to be discharged of record within 30 days after the date Tenant receives notice of the filing of such Lien, either by resolving the matter and causing a release to be recorded in the Official Records of the County in which the Project is located, or by recording a mechanic’s lien release bond in accordance with the provisions of Civil Code Section 8424. If Tenant fails to timely cause the Lien to be removed as described above, Landlord may, at its option, pay to the claimant all amounts necessary to discharge the Lien, regardless of the validity or enforceability of the claim, together with any related costs and interest, and the amount so paid, together with attorneys’ fees incurred by or at the request of a in connection with such Lien, will be immediately due from Tenant Party shall to Landlord as Additional Rent. Nothing contained in this Lease will be deemed authorized and ordered by the consent or agreement of Landlord to subject Landlord’s interest in all or any portion of the Project to liability under any Lien or to any other lien law. If Tenant only, and Tenant shall not permit any mechanic’s liens receives notice that a Lien has been or is about to be filed against the Premises or any part of the Project, or that any action affecting title to the Project in connection therewithhas been commenced to enforce a Lien or otherwise on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. Upon completion At least 15 days prior to the commencement of any such workwork (including, Tenant shall deliver but not limited to, any maintenance, repairs or Alterations) in or 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 thirty (30) 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, 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. 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 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 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 any party claiming through Tenant, Tenant will give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion written notice of the cost proposed work and the names and addresses of such the persons supplying labor and materials for the proposed work. TENANT SHALL INDEMNIFYLandlord will have the right to post notices of non-responsibility or similar notices, DEFEND AND HOLD HARMLESS LANDLORDif applicable, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination on the Premises or expiration of this Leasein the public records in order to protect the Premises and Project against such Liens.
Appears in 1 contract
Sources: Office Lease (McAfee Corp.)
Mechanic’s Liens. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer or permit any mechanic’s mechanics’ or other liens to be filed against the Demised Premises or against Tenant’s leasehold interest therein by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Project Demised Premises or any part thereof through or under Tenant, and nothing contained in connection therewith. Upon completion this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of the Demised Premises, 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 the filing of any mechanics’ liens against the Demised Premises. Landlord shall have the right at all reasonable times to post and keep posted on the Demised Premises any notices that may be provided by law which Landlord may reasonably deem necessary or advisable for the protection of Landlord and the Demised Premises from mechanics’ liens. If any such workmechanic’s lien shall at any time be filed against the Demised Premises, within sixty (60) days after the date of filing, Tenant shall deliver cause the same to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such workbe discharged of record or bonded (at Tenant’s option). If Tenant shall fail to discharge or bond such a mechanic’s lien is filedwithin such period, then Tenant shallthen, within thirty (30) days after in addition to any other right or remedy of Landlord, Landlord has delivered notice may, but shall not be obligated to, discharge such lien by paying the amount claimed to be due or by deposit in court or by bonding, and in any such event Landlord may compel the prosecution of an action for the filing thereof to Tenant (or foreclosure of such earlier time period as may be necessary to prevent mechanic’s lien by 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) lienor and pay the amount of the lien judgment, if any, in favor of the lienor with interest, costs 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 Landlordallowances. If Tenant fails to timely take either such action, then Landlord may pay the lien claimAny reasonable amount so paid by L▇▇▇▇▇▇▇, and any amounts so paidall reasonable legal and other expenses of Landlord, including expenses and interestreasonable counsel fees, in defending any such action or in procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the Default Rate from the date of payment, shall be paid repaid by Tenant to Landlord within thirty on demand. Notwithstanding the foregoing, Tenant at its expense may contest by appropriate legal proceedings, conducted in good faith and with due diligence the amount, validity or application in full or in part, of any lien referred to in this Article XII, provided that (30a) days after Landlord has invoiced neither the Demised Premises or any substantial part thereof would be in substantial danger of imminently being forfeited or lost in consequence of the enforcement of the contested lien, and (b) Tenant thereforshall have furnished such security, if any, as may be required in the proceedings. Landlord covenants 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 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 agrees not 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 exercise any right or interest in remedy prior to the final and unappealable resolution of any funds held contest by T▇▇▇▇▇, except as may be required of Landlord by any party to reimburse Tenant for any portion of the cost Operative Documents in the exercise of such work. TENANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHARE-HOLDERS, 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 151177627 v8 REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall survive termination or expiration of this Leaseother party’s rights thereunder.
Appears in 1 contract
Sources: Intercompany Master Lease Agreement (Quality Gold Holdings, Inc.)