Common use of Mechanic’s Liens Clause in Contracts

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 2 contracts

Sources: Lease Agreement (MAKO Surgical Corp.), Multi Tenant Lease (MAKO Surgical Corp.)

Mechanic’s Liens. You Tenant shall promptly pay and discharge all claims for work or labor done or goods or materials furnished by third parties, at the request of Tenant or any Subtenant and shall keep the Premises free and clear of all mechanic's and materialman's liens in connection therewith. If any mechanic's or materialman's lien is filed for work done on behalf of Tenant or any Subtenant at, or materials supplied to, the Premises by a third party, Tenant shall remove such lien by payment or bond (regardless of whether Tenant contests the Tenantclaim made by the person asserting such lien and regardless of whether such claim is valid or has any basis in fact or law) not later than fifteen (15) days after written demand for such removal is made by Landlord. If Tenant shall fail to discharge any such lien within such 15-day period, then in addition to any other right or remedy of Landlord, Landlord 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 foregoing, Tenant shall have no authoritythe right to contest the correctness or the validity of any such lien if, immediately upon demand by Landlord, Tenant procures and records a 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 claim of lien. The bond shall meet the requirements of Civil Code (S) 3143 or any similar or successor statute and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). Except for Landlord's express obligations relating to the improvement, maintenance and repair of the Premises, nothing in this Lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind for the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account performance of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from furnishing of any and all lossmaterials for any construction, cost rebuilding, alteration or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction repair of or to the PremisesPremises or any part thereof by any person or as giving Tenant any right, you and power or authority to contract for or permit the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to rendering of any services or the furnishing of any labor or materials which might in any way give rise to the right to assert any lien against Landlord's interest in any property. Landlord shall have the right to post and keep posted at any and all times on the Premises that would any notices for the protection of Landlord and the Premises from any such lien. Tenant shall, before the commencement of any work, or may the delivery of any materials, which might result in any mechanic’s such lien, give to Landlord written notice of its (or materialman’s lien attaching any Subtenant's) intention to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes of any perform such improvements, additions, alterations, repairs work or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any obtain such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials sufficient time to or for your account shall be entitled to claim any lien against enable 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part posting of such taxesnotices.

Appears in 2 contracts

Sources: Lease (Hollywood Park Operating Co), Lease Agreement (Pinnacle Entertainment Inc)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall keep the Premises on which free from any liens and shall pay when due all bills arising out of any work performed, materials furnished, or obligations incurred by Tenant or Tenant’s Parties relating to the Premises. If any claim of lien is recorded with respect to work performed by or can be validly and legally asserted on behalf of Tenant or Tenant’s Parties, Tenant shall bond against its leasehold interest in or discharge the same within ten (10) days after Tenant has received notice that the same has been recorded against the Premises or Landlord shall have the improvements right, at Landlord’s option, if Tenant has not bonded against or removed the lien within the ten (10)- day period, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the Interest Rate, shall be Additional Rent due and that you will save payable within five (5) days after receipt of the ▇▇▇▇ therefor. Should any lien be filed against the Premises or any action be commenced affecting title to the Premises, the party receiving notice of such lien or action shall promptly give the other party written notice thereof. Tenant shall indemnify, defend (by counsel reasonably satisfactory to Landlord), protect and hold Landlord harmless from any and all loss, cost or 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 Premises or under this Lease arising from the terms act or agreement of this LeaseTenant. You agree Tenant agrees to give Landlord immediate prompt written notice if of the placing of any lien or encumbrance is placed on against the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 2 contracts

Sources: Lease Agreement (Palmsource Inc), Lease Agreement (Palm Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and (b) for all materials furnished for or in connection with such work. Tenant shall 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, other than work performed by Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent pursuant to the furnishing of this Lease. If any labor or materials to such lien, at any time, is filed against the Premises that would or may result any part of the Project, Tenant shall cause such lien to be discharged of record within thirty (30) days after the filing of such lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant 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 Tenant does not cause such lien to be discharged of record within thirty (30) days after the filing of such 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 any mechanic’s connection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or materialman’s lien attaching agreement of Landlord to subject Landlord’s interest in the Project to liability under any mechanics’ or other lien law. If Tenant 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 has 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. At least fifteen (15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises; , by or for Tenant, Tenant shall give Landlord (i) written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and (ii) you are not two (2) copies of Tenant’s plans and specifications for such work. Landlord will have the agent right to post notices of Landlord for nonresponsibility or similar written notices on the purposes of Premises in order to protect the Premises against any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 2 contracts

Sources: Office Lease, Office Lease (Zillow Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authoritynot permit to be created or to remain undischarged any lien, express encumbrance or impliedcharge arising from or out of any work of any contractor, to create mechanic, laborer or place any materialman, which shall be or become a lien or encumbrance of or charge upon the Leased Premises or the Shopping Center or the income therefrom, and Tenant shall not suffer any kind other matter or nature whatsoever uponthing whereby the estate, or in any manner to bind the interests right and interest of Landlord in the Leased Premises or in the Shopping Center might be impaired. If any lien or notice of lien on account of an alleged debt of Tenant shall be filed against the Leased Premises or the Shopping Center, Tenant shall, within ten (10) days after notice of the filing thereof, cause the same to charge be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the rentals payable hereunder period provided, then Landlord, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. In any such event, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of an action for any claim foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of any person dealing the lienor with youinterest, costs and allowances. Any amount paid by Landlord and all costs and expenses, including those who may furnish materials attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon, at the rate set forth in Section 28.7, from the respective dates of Landlord’s making of the payment or perform labor for any construction or repairs incurring of the cost and nothing contained in this Lease expense, shall be construed as a consent paid by Tenant to Landlord on demand. Notwithstanding the part foregoing, not less than five (5) days prior to the commencement of any work to be performed by or on behalf of Tenant at the Leased Premises, Tenant shall notify Landlord of the Landlord to subject proposed work and the estate names and addresses of the persons supplying labor and materials for the proposed work so that Landlord to liability under the Construction Lien Law may avail itself of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account provisions of any labor performed or materials furnished in connection with any work performed on laws regarding the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out protection of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 Leased Premises and the agent of Landlord for Shopping Center from mechanic’s liens. During the purposes progression of any such improvements, additions, alterations, repairs or reconstruction; and (iii) except as expressly provided hereinwork on the Leased Premises, Landlord has retained no control over and its representatives shall have the manner in which any such improvementsright, additionsupon at least 24 hours verbal notice, alterations, repairs or reconstruction are accomplishedto go upon and inspect the Leased Premises at all reasonable times, and has made no agreement shall have the right to make post and keep posted thereon notices regarding mechanic’s liens or to take any further reasonable action which Landlord may deem to be responsible for any payment to or proper for the benefit of any person furnishing labor or materials in connection therewith. 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 protection of Landlord’s property is increased by inclusion of personal property, furniture or fixtures placed by you interest in the Premises, Leased Premises and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesShopping Center.

Appears in 2 contracts

Sources: Lease (Carrollton Bancorp), Lease (Carrollton Bancorp)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place Tenant will not permit any mechanic's lien or encumbrance of any kind or nature whatsoever upon, or in any manner other lien to bind the interests of Landlord in be filed against the Premises or to charge the rentals payable hereunder for any claim in favor by reason of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which by or for, or material furnished to, Tenant (including, without limitation, any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree work undertaken by Tenant pursuant to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 PremisesSECTION 10. 1). If any such taxes for which you are liable are levied or assessed lien is filed at any time 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, Tenant will cause the same to be discharged of record (including by bonding) 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 remedy of Landlord, after 10 days prior written notice to Tenant, Landlord 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 discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and Landlord elects amount to pay procure the taxes based on discharge of such increaselien, you shall pay 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, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Interest Rate, will be repaid by Tenant to Landlord upon on demand that part 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 10 days after Tenant learns of the filing thereof, Tenant notifies Landlord of Tenant's intention to do so and, until such taxestime as Tenant causes such lien to be removed by the payment thereof or by bonding over such lien in the manner provided by law or 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 te Premises harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien.

Appears in 2 contracts

Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)

Mechanic’s Liens. You a. Tenant covenants that it shall not (the Tenantand has no authority to) shall have no authority, express or implied, to create or place allow any encumbrance against the Premises, the Property, or 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 encumbrance claim thereof (arising out of any kind work done or nature whatsoever uponservices, 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 in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor part of any person dealing with youthereof or the income therefrom or any fixture, including those who may furnish materials equipment or perform labor for similar property therein. c. If any construction lien or repairs and nothing contained in this Lease claim shall be construed 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished filed in connection with any work performed for or by Tenant, or Tenant’s agents, employees or contractors, Tenant 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 such 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 or construed in any way to constitute the consent or request on the Premises on part of Landlord for the performance of any work or services or the furnishing of any materials for which any lien is or can could be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from Property or any and all losspart of any thereof, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the nor as giving Tenant any right, title and interest power, or authority to contract for or permit the performance of the Landlord in the Premises any work or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien services or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 lien could be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien filed 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that Property or any part of such taxesany thereof.

Appears in 2 contracts

Sources: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)

Mechanic’s Liens. You (a) Lessee shall not suffer or permit any liens to stand against the Tenant) shall have no authority, express Premises Sites or implied, to create or place any lien or encumbrance part thereof by reason of any kind or nature whatsoever uponwork, labor, service, or in materials done for, or supplied for, or supplied to or claimed to have been done for, or supplied to, Lessee or anyone holding Lessee's property or any manner to bind the interests of Landlord in part thereof through or under Lessee ("Lessee's Mechanics' Liens"). If any Lessee's Mechanics' Lien shall at any time be filed against the Premises Site, Lessee shall cause it to be discharged of record within thirty (30) days after the date of filing by either payment, deposit, or bond. If Lessee fails to charge the rentals payable hereunder for discharge any claim such Lessee's Mechanics' Lien within such period, then, in favor addition to any other right or remedy of any person dealing with youLessor, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of FloridaLessor may, it being expressly understood that the Landlord’s estate but shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach obligated to, if procure the discharge of the Lessee's Mechanics' Lien. All amounts incurred by Lessor, including reasonable attorneys' fees, in procuring the discharge of such Lessee's Mechanics' Lien, together with interest thereon at alltwelve percent (12%) per annum from the date of incurrence, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally shall become due and payable immediately by you on account Lessee to Lessor. (b) Lessor shall not suffer or permit any liens to stand against any Transmitter System or any part thereof by reason of any labor performed work, labor, service, or materials furnished in connection with done for, or supplied for, or supplied to or claimed to have been done for, or supplied to, Lessor or anyone holding Lessor's property or any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises part thereof through or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: Lessor (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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"Lessor's Mechanics' Liens"). If any Lessor's Mechanics' Lien shall at any time be filed against the Transmitter System, Lessor shall cause it to be discharged of record within thirty (30) days after the date of filing by either payment, deposit, or bond. If Lessor fails to discharge any such taxes for which you are liable are levied Lessor's Mechanics' Lien within such period, then, in addition to any other right or assessed against Landlord or Landlord’s property and if Landlord elects to pay remedy of Lessee, Lessee may, but shall not be obligated to, procure the same or if discharge of the assessed value of Landlord’s property is increased Lessor's Mechanics' Lien. All amounts incurred by inclusion of personal propertyLessee, furniture or fixtures placed by you including reasonable attorneys' fees, in procuring the Premises, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part discharge of such taxesLessor's Mechanics' Lien, together with interest thereon at twelve percent (12%) per annum from the date of incurrence, shall become due and payable immediately by Lessor to Lessee.

Appears in 2 contracts

Sources: Master Lease for Transmitter Systems Space (Arch Communications Group Inc /De/), Master Lease for Transmitter Systems Space (Pinnacle Holdings Inc)

Mechanic’s Liens. You Within ten (the Tenant10) days after Tenant receives notice thereof, Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account discharged any mechanic's, laborer's, materialman's or other lien to stand against the Leased Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any labor character performed or claimed to have been performed on or about the Leased Premises by or at the direction or sufferance of Tenant, whether or not such work was 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 consent of Landlord. Tenant, however, may contest the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 validity of any such improvementslien or claim provided that Tenant shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (or such other security as Landlord shall reasonably require) and shall take all steps which may be reasonably required to prevent any sale, additionsforeclosure or forfeiture of the Leased Premises, alterations, repairs the Building or 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 accomplishedProject by reason of nonpayment, and has made no agreement to make or be responsible for any payment to or for shall diligently prosecute the benefit defense thereof. Upon a final determination of any person furnishing labor or materials in connection therewith. 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 validity of any such claims. You lien or claim, Tenant shall immediately pay any judgment or decree rendered, with all proper costs and charges, and shall cause any such lien to be liable for all taxes levied or assessed against personal property, furniture or fixtures placed by you in the Premisesreleased of record without cost to Landlord. If any Tenant, in Landlord's opinion, shall fail or cease to diligently prosecute such taxes for which you are liable are levied action or assessed against Landlord or Landlord’s property and if Landlord elects Tenant shall fail to pay the same any judgment or if the assessed value of decree rendered (including all interest, penalties, costs, charges and Landlord’s property is increased by inclusion of personal property's expenses, furniture or fixtures placed by you in the Premisesincluding court costs and attorneys' fees), and Tenant shall fail to cure such failure within ten (10) days after written notice from Landlord, Landlord elects to may pay the taxes based on such increase, you shall pay to Landlord upon demand that part entire amount of such taxesclaim or lien, or such judgment or decree rendered and other amounts set forth above, out of such deposit and shall return the remainder of such amount, if any, to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Stratagene Corp)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and (b) for all materials furnished for and in connection with such work. Tenant will indemnify Landlord against and hold Landlord, the Premises, the Building 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 each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent pursuant to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 PremisesWorkletter. If any such taxes 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 percent of the amount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which you are liable are levied a mechanics' lien has been filed, and has not given Landlord security as described above, or assessed 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 the consent or agreement of Landlord to subject Landlord's interest in the Building or the project to liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Building, or that any action affecting title to the Building 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. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or Landlord’s property and if Landlord elects installations) in or 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, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord elects will have the right to pay post notices of nonresponsibility or similar written notices on the taxes based on Premises in order to protect the Premises against any such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 1 contract

Sources: Office Lease (Vanguard Airlines Inc \De\)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and (b) for all material furnished 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 118 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 each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent pursuant to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 PremisesWorkletter. If any such taxes for which you are liable are levied lien, at any time, is filed against the Premises or assessed against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value any part of Landlord’s property is increased by inclusion of personal property, furniture or fixtures placed by you in the Premises, 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 125% of the amount of the claim, plus estimated costs and Landlord elects interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment establishes the validity or existence of a Lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay 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 taxes based on lien, Landlord may, at its option, pay such increasecharge and related costs and interest and the amount so paid, you shall pay together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord upon demand as Additional Rent. Nothing contained in this Lease will be deemed 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 receives written notice that part a lien has been or is about to be filed against the Premises or the Project, or that any action affecting due 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 taxesnotice. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the name and address of the persons supplying labor and material for the proposed work. Landlord 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.

Appears in 1 contract

Sources: Office Lease (Safescience Inc)

Mechanic’s Liens. You (It is expressly acknowledged and understood that Lessor does not consent to, and has not by the Tenant) shall have no authorityexecution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, express or implied, to create or place any excepting such subordinate mortgage lien or encumbrance liens as are expressly approved in writing by Lessor. Said approval shall be contingent upon the amendment of this Lease to add provisions regarding conditions of the imposition of any kind liens and obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or nature whatsoever upon, permit any mechanic's liens or in any manner other liens to bind be filed against the interests fee of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youportion thereof, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlordnor against Lessee’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the property nor any of the Improvements on the Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any part thereof through or under Lessee. In the improvements thereon case of the filing of any such lien, Lessee shall immediately thereupon discharge the same by payment, bonding or otherwise, but in all events prior to the foreclosure thereof. If default in payment thereof shall continue beyond the expiration of ten (10) days after Lessor’s notice thereof, Lessor shall have the right but not the obligation, at Lessor’s option, to discharge such lien at Lessee’s sole cost and that you will save expense, and hold Landlord harmless in such event, Lessee shall reimburse Lessor for such costs within ten (10) days after notice of a statement of said costs from Lessor. In addition to the foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all lossnotices and/or correspondence directed to Lessee by any person or entity alleging the right to, cost or expense based on notifying Lessee of the filing of any mechanic's, materialman’s or arising out of asserted claims or liens other lien against the leasehold estate or against the right, title and interest fee of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvementsLESSEE FURTHER COVENANTS AND AGREES TO PROTECT, additionsINDEMNIFY, alterationsDEFEND AND HOLD HARMLESS LESSOR FROM AND AGAINST ALL BILLS AND CLAIMS, repairs or reconstruction of or to the PremisesLIENS AND RIGHTS TO LIENS FOR LABOR AND MATERIALS AND ARCHITECT'S, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 improvementsENGINEER’S, additionsCONTRACTOR’S AND SUBCONTRACTOR’S CLAIMS, alterationsAND ALL FEES, repairs or reconstruction; and (iii) except as expressly provided hereinCLAIMS AND EXPENSES INCIDENT TO THE CONSTRUCTION AND COMPLETION OF ANY IMPROVEMENTS, 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesINCLUDING WITHOUT LIMITATION ANY REASONABLE ATTORNEYS’ FEES WHICH MAY BE INCURRED BY LESSOR IN CONNECTION THEREWITH.

Appears in 1 contract

Sources: Telecommunications Lease Agreement

Mechanic’s Liens. You (the No alterations, improvements, installations, additions or other work performed by Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises under Tenant’s direction or to charge the rentals payable hereunder for any claim in favor of any person dealing with youcontrol, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on deemed to be for the part immediate use and benefit of the Landlord to subject Landlord, so that no mechanics or other lien shall be allowed against the estate of the Landlord by reason of any consent given by Landlord to liability under Tenant to alter, improve, install, add to, or otherwise perform work to or at the Construction Lien Law of Demised Premises. The Tenant shall place such contractual provisions as the State of FloridaLandlord may request in all contracts and subcontracts contracted by the Tenant, it being expressly understood assuring Landlord that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such no mechanics lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 Demised Premises; (ii) you are not . Tenant shall promptly pay all persons furnishing labor and/or materials with respect to any work performed by Tenant or by Tenant’s contractors on or in the agent Demised Premises. If any mechanics or other liens shall at any time be filed against the Demised Premises by reason of Landlord for work, labor, services or materials performed or furnished, alleged to have been performed or furnished to the purposes Tenant, or anyone holding the Demised Premises through or under the Tenant, and regardless of whether any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien is asserted against the interest of Landlord in or Tenant, Tenant shall within ten (10) days cause the Premises and such entities shall look solely same to you and your leasehold interest under this Lease for be discharged of record or bonded to the satisfaction of Landlord. If Tenant fails to cause such lien forthwith to be discharged or bonded after being notified of a filing thereof, then in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys fees, incurred by the Landlord either in defending against such claims. You lien or in procuring the bonding or discharge of such lien shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed due and payable 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, and Landlord elects to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxesas additional rent.

Appears in 1 contract

Sources: Lease Agreement (Unilife Corp)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or reconstruction; and (iiib) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs for all materials furnished for or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewithwith such work. No one furnishing labor or materials to or for your account shall be entitled to claim any lien Tenant will indemnify Landlord against the interest of Landlord in 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 entities shall look solely work by or on behalf of Tenant, other than work performed by Landlord pursuant 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 PremisesWorkletter. If any such taxes 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 comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which you are liable are levied a mechanics' lien has been filed, and has not given Landlord security as described above, or assessed 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 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 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 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. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or Landlord’s property and if Landlord elects installations) in or 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, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord elects will have the right to pay post notices of nonresponsibility or similar written notices on the taxes based on Premises in order to protect the Premises against any such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 1 contract

Sources: Office Lease (Xcarenet Inc)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate Tenant shall not permit any mechanic's liens to ---------------- be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Building for any work performed, materials furnished, or obligation incurred by or at the request of Tenant. If such a lien is filed, then Tenant shall, within 10 days after Landlord harmless from has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Building or any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and 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 in a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the Premises or under the terms of this Lease. You agree lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) within ten days after Landlord has not consented nor will Landlord ever consent to invoiced Tenant therefor. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor labor, services, materials, supplies or materials equipment with respect 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 portion of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and 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 elects to pay any liens being placed upon the taxes based on such increase, you shall pay Building or Landlord's interest therein due to Landlord upon demand that part of such taxesany work performed by or for Tenant.

Appears in 1 contract

Sources: Lease Agreement (Verisity LTD)

Mechanic’s Liens. You a. Tenant covenants that it shall not (the Tenantand has no authority to) shall have no authority, express or implied, to create or place allow any encumbrance against the Premises, the Property, or 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 encumbrance claim thereof (arising out of any kind work done or nature whatsoever uponservices, 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 shall within ten (10) days of obtaining knowledge or receiving notice 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 within ten (10) days following Landlord’s demand therefor. d. Notwithstanding anything to the contrary in this Lease or in any manner 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 bind be done, or caused to be done, by Tenant is or was in fact for the interests immediate use and benefit of Landlord in Landlord. Further, notwithstanding anything contained herein to the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youcontrary, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in or contemplated by this Lease shall be deemed or construed as a in any way to constitute the consent or request on the part of Landlord for the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account performance of any labor performed work or services or the furnishing of any materials furnished in connection with any work performed on the Premises on for which any lien is or can could be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from Property or any and all losspart of any thereof, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the nor as giving Tenant any right, title and interest power, or authority to contract for or permit the performance of the Landlord in the Premises any work or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien services or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 lien could be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien filed 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that Property or any part of such taxesany thereof.

Appears in 1 contract

Sources: Office Space Lease (Innocoll Holdings PLC)

Mechanic’s Liens. You (The Tenant shall not allow any mechanic’s liens to be filed against the Building. If the Tenant fails to surrender the leased premises in good and clean condition as described above, the Landlord may withhold from the Tenant) ’s Security Deposit the amount equivalent to the cost of the cleaning or repairs required to restore the leased premises to such condition. The Tenant shall have no authoritynot make any alterations, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever uponadditions, or in any manner improvements to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youleased premises, including those who modification to electrical, plumbing, or mechanical systems, without the prior written consent of the Landlord. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may furnish materials be made upon the leased premises either by the Landlord or perform labor for any construction the Tenant, except furniture or repairs and nothing contained in this Lease movable trade fixtures installed at the expense of the Tenant, shall be construed as the property of the Landlord and shall remain upon and be surrendered with the leased premises at the expiration or termination of this Lease, without compensation to the Tenant. The Tenant further agrees to keep the leased premises and all parts thereof in a consent on the clean and sanitary condition and free from trash, inflammable material and other objectionable matter. If all or a part of the Landlord leased premises are on the ground floor, the Tenant further agrees to subject keep the estate sidewalks in front of such ground floor portion of the Landlord to liability under leased premises clean and free of obstructions, snow and ice. If any mechanic’s lien or other claim is filed against the Construction Lien Law leased premises or the Building as a result of the State of Floridaalterations, it being expressly understood that the Landlord’s estate shall not be subject to liens for additions or improvements made by you the Tenant, the Landlord, at its option, after thirty days’ notice to the Tenant, may terminate this Lease and each such claim may pay the lien, without inquiring into the validity thereof, and the Tenant shall affect and each such lien shall attach to, if at all, only forthwith reimburse the leasehold interest granted to you Landlord the total expense incurred by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 discharging the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvementslien, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesadditional rent hereunder.

Appears in 1 contract

Sources: Lease Agreement

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work done by Tenant or caused to be done by Tenant on the Premises, and payable by you on account Tenant shall keep the Premises free and clear of any labor performed all mechanics’ liens and material men’s liens and other liens arising from work done or materials furnished supplied to Tenant or persons claiming under Tenant (collectively, “Mechanics’ Liens”). Tenant shall have the right to contest any lien or other encumbrance in connection with any work performed good faith by appropriate judicial proceedings so long as: (i) the proceeding operates to stay an execution or foreclosure on the Premises on which lien; and (ii) Tenant diligently pursues the contest to its conclusion. In any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save event, ▇▇▇▇▇▇ shall indemnify, defend, and hold Landlord harmless from for, from, and against any and all liability, loss, cost damage, costs, attorneys’ fees, and all other expenses arising from all Mechanics’ Liens. In addition, Tenant shall keep Tenant’s leasehold interest and the Improvements free and clear of all liens of attachment or expense based on judgment liens (collectively, “Judgment Liens”). Tenant shall cause any Mechanics’ Liens or arising out Judgment Liens to be discharged (by bonding or otherwise) within fifteen (15) days after demand by Landlord or such other period required by law, whichever is longer. If Tenant fails to do so, then Landlord may pay or otherwise discharge the lien and immediately recover all amounts expended (together with interest thereon at 10% per annum from the date of asserted claims or liens against payment) from Tenant. If, at the leasehold estate or against the right, title and interest end of the Landlord in the Premises Term, a Mechanics’ Lien or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance Judgment Lien is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or attached to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent Tenant shall cause such Mechanics’ Lien or Judgment Lien to the furnishing of any labor be paid, discharged, bonded, 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxescleared from title.

Appears in 1 contract

Sources: Ground Lease

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work done by Tenant or caused to be done by Tenant on the Premises of a character which will or may result in liens on Landlord’s interest therein. Tenant will keep the Premises and payable by you 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 Landlord for, save Landlord harmless from, and defend Landlord against all liability, loss, damage, cost or expense, including attorneys’ fees and interest, incurred on account of any labor claims of any nature whatsoever, including lien claims of laborers, materialmen, or others for work actually or allegedly performed for, or for materials or supplies actually or allegedly furnished in connection with to Tenant or persons claiming under Tenant. Should any work performed on the Premises on which any lien is liens be filed or can be validly and legally asserted recorded against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest portion of the Landlord in Building Complex, or should any action affecting the Premises title thereto be commenced on account of work done or claimed to have been done for Tenant or persons claiming under it, Tenant shall cause such liens to be contested or removed of record within five (5) days after notice from Landlord. If Tenant desires to contest any such claim or lien, Tenant may do so only if, within such five (5) day period, Tenant posts adequate security with a court of competent jurisdiction and obtains an order discharging the terms lien of this Leaserecord, as then provided by the Colorado mechanics’ lien statute. You agree to give Landlord immediate written notice if If a final judgment is entered establishing the validity or existence of any lien for any amount which lien has not been discharged or encumbrance is placed on bonded off as hereinabove required, Tenant shall pay and satisfy the Premisessame at once. Notwithstanding If Tenant shall be in default in paying any provision charge for which a mechanic’s lienor suit to foreclose the lien has been recorded or filed, and shall not have caused the same to be released of this Lease relating record, Landlord may (but without being required to improvementsdo so) pay such lien or claim and any costs, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 improvementsamount so paid, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials together with reasonable attorneys’ fees incurred in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay immediately due from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Office Building Lease (Georesources Inc)

Mechanic’s Liens. You (Section 8.1: The TENANT covenants not to suffer or permit any mechanic s liens to be filed against the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part fee interest of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted LANDLORD nor against its 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 improvements thereon and TENANT. TENANT agrees that you will save and hold Landlord harmless from in the event any and all loss, cost or expense based on or arising out of asserted claims or liens mechanic s lien shall be filed against the leasehold estate fee interest of the LANDLORD or against the rightTENANT s leasehold interest, title and interest the TENANT shall within thirty (30) days after receiving notice of the Landlord filing thereof cause the same to be discharged of record by payment, deposit, bond or order of a court of competent jurisdiction or otherwise. IF TENANT shall fail to cause such lien to be discharged or bonded within the period aforesaid, then in addition to any other right or remedy LANDLORD may, but shall not be obligated to, discharge the Premises or under same by paying the terms amount claimed to be due by procuring the discharge of this Lease. You agree such lien by deposit by bonding proceedings, and in any such event, LANDLORD shall be entitled, if LANDLORD so elects, to give Landlord immediate written notice if any lien or encumbrance is placed on compel the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing prosecution of any labor 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 action for the purposes foreclosure of any such improvementslien by the lienor and to pay the amount of judgment in favor of the lienor with interest, additions, alterations, repairs costs and allowances. Any amount so paid by LANDLORD and all reasonable costs and expenses incurred by LANDLORD or 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 payment to or for the benefit of any person furnishing labor or materials fee owner in connection therewith. No one furnishing labor or materials , including but not limited to or for your account premiums on any bonds filed and attorney s fees, shall constitute Additional Rent payable by TENANT under this lease and shall be entitled paid by TENANT to claim any lien against the interest LANDLORD within ten (10) days 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxestherefor.

Appears in 1 contract

Sources: Lease Agreement (Netwolves Corp)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authoritypromptly pay any contractors and materialmen who supply labor, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed work 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 to Tenant at the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out Property so as to minimize the possibility of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in a lien attaching to the Premises or under the terms of this LeaseProperty. You agree Tenant shall take all commercially reasonable steps permitted by law in order to give Landlord immediate written notice if any lien or encumbrance is placed on avoid the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing imposition of any labor or materials to the Premises that would or may result in any mechanic’s, laborer’s or materialman’s lien attaching upon the Premises or the Property relating to labor, work or materials supplied to Tenant at 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 notice of lien to be discharged of record by payment, deposit, bond or otherwise within fifteen (15) days after Tenant’s receipt of notice thereof. 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 deposit or bond. 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 from the respective dates of Landlord’s interest making such payment or incurring such cost or expense, shall constitute Additional Rent payable under this Lease and Tenant shall pay same within thirty (30) days of receipt of an invoice 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 contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises; , the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof or otherwise for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises, the Building or the Property or any interest therein or income therefrom (i) on account of any mechanic’s, laborer’s or materialman’s lien or (ii) you are not the agent of Landlord for the purposes arising out of any such improvements, additions, alterations, repairs debt or 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 payment liability to or for the benefit any claim or demand of any person furnishing labor contractor, mechanic, supplier, materialman or materials laborer and shall include without limitation any mechanic’s notice of intention given to Landlord or Tenant, or any statutory stop order given to Landlord or Tenant to preserve a subcontractor’s rights in connection therewith. No one furnishing labor with a work stoppage as a result of non-payment from Tenant or materials to any injunctive or for your account shall be equitable action brought by any person 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 Landlorda mechanic’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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxeslien.

Appears in 1 contract

Sources: Office Space Lease (Worldgate Communications Inc)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work: (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or reconstruction; and (iiib) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs for all materials furnished for or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewithwith such work. No one furnishing labor or materials to or for your account shall be entitled to claim any lien Tenant will indemnify Landlord against the interest of Landlord in and hold Landlord, the Premises and the Shopping 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 entities shall look solely to you and your leasehold interest under this Lease for the satisfaction work by or on behalf 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 PremisesTenant. If any such taxes for which you are liable are levied or assessed lien, at any time, is filed 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, or any part of the Shopping Center, 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 150% of the amount of the claim, plus estimated costs and Landlord elects interest or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay 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 taxes based on lien, Landlord may, at its option, pay such increasecharge and related costs and interest, you shall pay and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, (plus 15% of such charge and related costs and interest for Landlord's overhead and related expenses) will be immediately due from Tenant to Landlord upon demand as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Shopping Center to liability under any mechanics' or other lien law. If Tenant receives written notice that part a lien has been or is about to be filed against the Premises or the Shopping Center or any action affecting title to the Shopping 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 taxesnotice. At least 15 days prior to the commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in or to the Premises, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work and shall require any such person to execute and deliver to Landlord a written waiver of construction lien rights waiving any claim of any or material. Landlord 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. Tenant's obligations under this Article shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Shopping Center Lease (Southern Concepts Restaurant Group, Inc.)

Mechanic’s Liens. You SECTION 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, by reason of any work, services, material and/or equipment provided, or claimed to have been provided, for or to Tenant or 15 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 any time a Lien is filed against the Demised Premises and/or Property, Tenant will cause the same to be discharged of record or bonded over within thirty (30) days after notice to Tenant of the filing of same. If Tenant fails to discharge or bond over any such Lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may elect, but shall have no authoritynot be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses and disbursements of Landlord, including 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 three (3%) percent, from the date of payment or deposit, will become due and payable forthwith by Tenant to Landlord, as additional rent. SECTION 13.2 Nothing in this Lease will be deemed or construed as the consent or authorization of Landlord, express or implied, by inference or otherwise, to create any improvement to or place any lien alteration or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction repair of or to the PremisesDemised Premises or any part thereof, you and or to Tenant's contracting for or permitting the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent providing of any work, services, material and/or equipment, which might give rise to the furnishing of right to file any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to Lien against Landlord’s 's interest in the Premises; (ii) you are not Demised Premises or the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesProperty.

Appears in 1 contract

Sources: Lease Commencement Date Agreement (Miix Group Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord's interest in the Premises, Building or Building Complex and payable by you Tenant will keep the Premises, Building and Building Complex free and clear of all mechanic's liens and other liens on account of any labor performed work done for or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses including attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed on the Premises on which for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any lien is such liens be filed or can be validly and legally asserted recorded against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you Building or Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced, Tenant shall cause such liens to be released of record within ten (10) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction if provided by applicable law or statute of the state where the Premises are located. If Tenant shall be in default in paying any charge for which such a mechanic's lien or suit to foreclose such a lien has been re-recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs associated therewith, and the Landlord each agree amount so paid, together with interest at the Interest Rate and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials reasonable attorneys' fees incurred in connection therewith. 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 immediately due 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, and Landlord elects to pay the taxes based on such increase, you shall pay payable from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Office Building Lease (Canmax Inc /Wy/)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youT▇▇▇▇▇, including those who may furnish materials or perform labor for any construction or repairs repairs. Landlord may record, at its election, notices of non-responsibility pursuant to applicable law in connection with any work performed by Tenant. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 cause such entities shall look solely lien or encumbrance to you be discharged within thirty (30) days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and your leasehold interest under this Lease Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30) day period. Without limiting any other rights or remedies of Landlord, if Tenant fails for any reason to cause a lien or encumbrance to be discharged within thirty (30) days of the satisfaction filing or recording thereof, then Landlord may take such action(s) as it deems necessary to cause the discharge 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 (including, without limitation, by paying any amount demanded by the party who has filed or if recorded such lien or encumbrance, regardless of whether the assessed value of Landlord’s property same is increased by inclusion of personal property, furniture or fixtures placed by you in the Premisesdispute), and Landlord elects to pay the taxes based on such increase, you shall pay to be reimbursed by Tenant for all costs and expenses incurred by Landlord upon in connection therewith within five (5) business days following written demand that part of such taxestherefor.

Appears in 1 contract

Sources: Lease Agreement (FireFly Automatix, Inc.)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. Landlord may record, at its election, notices of non-responsibility pursuant to applicable law in connection with any work performed by Tenant. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed or contracted for by Tenant on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms this Lease arising out of this LeaseTenant's acts or omissions. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to against the Premises that would in connection with work performed by Tenant or may result its agents, employees or contractors promptly after Tenant's receipt of notice thereof and shall cause any such lien or encumbrance arising out Tenant's acts or omissions to be discharged (or bonded over in any mechanic’s or materialman’s lien attaching a manner satisfactory to Landlord’s interest ) within thirty (30) days of Tenant's receipt of notice of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Tenant causes such lien or encumbrance to be bonded or insured over in the Premises; a manner satisfactory to Landlord within such thirty (ii30) you are not the agent day period. Without limiting any other rights or remedies of Landlord Landlord, if Tenant fails for the purposes of any reason to cause any such improvementslien or encumbrance to be discharged or bonded within thirty (30) days following Tenant's receipt of notice of the filing or recording thereof, additionsthen Landlord may, alterationsfollowing notice to Tenant, repairs or reconstruction; and (iiitake such action(s) except as expressly provided herein, Landlord has retained no control over it deems necessary to cause 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 payment to or for the benefit discharge of any person furnishing labor or materials in connection therewith. 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 (including, without limitation, by paying any amount demanded by the party who has filed or if recorded such lien or encumbrance, regardless of whether the assessed value of Landlord’s property same is increased by inclusion of personal property, furniture or fixtures placed by you in the Premisesdispute), and Landlord elects to pay the taxes based on such increase, you shall pay to be reimbursed by Tenant for all costs and expenses incurred by Landlord upon in connection therewith within thirty (30) days following Tenant's receipt of Landlord's written demand that part of such taxestherefor together with supporting documentation.

Appears in 1 contract

Sources: Lease Agreement (Vitamin Shoppe, Inc.)

Mechanic’s Liens. You (a) Tenant shall keep the Demised Premises free from any liens arising out of work performed, materials furnished and obligations incurred by Tenant. Tenant covenants and agrees that any mechanic's lien filed against the Demised Premises for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant, by bond or otherwise, within thirty (30) days after the filing thereof, at the sole cost and expense of Tenant. This provision does not apply to any claim or lien arising out of the original construction of the Demised Premises by Landlord pursuant to this Lease. (b) Tenant shall have no authority, express the right to contest with due diligence the validity or implied, to create or place amount of any lien or encumbrance claimed lien created by Tenant 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 Demised 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 Demised Premises therefrom. If Tenant shall fail to contest with due diligence the validity or amount of any kind such lien or nature whatsoever uponclaimed lien created by Tenant, or in any manner to bind the interests of give Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with yousecurity as hereinabove provided, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Floridamay, it being expressly understood that the Landlord’s estate but shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach required to, if at all, only contest the leasehold interest granted to you by this instrument. You covenant and agree that you will pay validity or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 amount of any such improvementslien or claimed lien or settle or compromise the same without inquiring into the validity of the claim or the reasonableness of the amount thereof. Should any lien be filed against the Demised Premises or should any action of any character affecting the title thereto be commenced, additions, alterations, repairs Tenant shall give to Landlord written notice thereof as soon as notice of such lien or reconstruction; and action comes to the knowledge of Tenant. (iiic) except as expressly provided hereinShould Tenant fail to discharge any such lien, Landlord has retained may, at Landlord's election, pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title, and the cost thereof shall be immediately due from Tenant as Additional Rent. Tenant shall not suffer or permit any mechanic's lien or other lien to be filed against the Demised Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or anyone holding the Demised Premises, or any portion thereof, through or under Tenant. (d) All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no control over the manner in which mechanic's lien or other lien for any such improvementslabor, additionsservices, alterationsmaterials, repairs supplies, machinery, fixtures or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment equipment shall attach to or for affect the benefit of any person furnishing labor estate or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against the interest of Landlord in and to the Premises and such entities shall look solely to you and your leasehold interest under this Lease for the satisfaction of Demised Promises or 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesportion thereof.

Appears in 1 contract

Sources: Lease (Radyne Corp)

Mechanic’s Liens. You (At all times, Tenant shall keep the Tenant) shall have no authorityPremises free from any and all mechanic’s, express materialman’s, laborer’s and other liens, whether for material or impliedwork with respect to any Alterations or otherwise; provided, to create or place any lien or encumbrance that in the event Landlord receives a notice of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted for material or work claimed to you by this instrument. You covenant and agree that you will pay or cause have been furnished to be 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 Tenant’s behalf, Tenant shall be so notified and Tenant shall immediately either discharge the lien is or can cause such lien to be validly and legally asserted against its leasehold interest in the Premises released of record by bonding off said lien of record (with a company reasonably satisfactory to Landlord) or the improvements thereon posting of adequate security with a court of competent jurisdiction as may be provided by the mechanics’ lien statutes of the state in which the Project is located. If Tenant posts a bond or security, it shall contest the validity of the lien. Tenant hereby agrees to indemnify Landlord for, and that you will save defend and hold Landlord harmless from any and against, all liability, loss, cost damages, costs or expense based on expenses, including attorneys’ fees, expenses and court costs incurred in connection with any claims of any nature whatsoever for work performed for, or arising out materials or supplies furnished or claimed to be furnished to Tenant, including lien claims of asserted claims contractors, laborers mechanics or liens against the leasehold estate or against the right, title and interest of the Landlord materialmen. If Tenant shall be delinquent in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if paying any charge for which such a lien or encumbrance is placed on suit to foreclose such a lien has been recorded or filed and shall not have caused the Premises. Notwithstanding any provision of this Lease relating lien to improvementsbe released as aforesaid, additionsLandlord may (but without being required to do so) pay such lien or claim and costs associated therewith, alterations, repairs or reconstruction of or to the Premises, you and the amount so paid, together with interest thereon at the Interest Rate from the date paid by Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 until such improvements, additions, alterations, repairs or 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 accomplishedsum is repaid by Tenant, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials together with reasonable attorneys’ fees, expenses and court costs incurred in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay immediately due from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Grom Social Enterprises, Inc.)

Mechanic’s Liens. You (the Tenant) shall have no authorityAll work performed, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever uponmaterials furnished, or in 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 manner mechanic’s or construction liens to bind the interests of Landlord in be filed against the Premises or to charge the rentals payable hereunder for any claim Project in favor connection therewith. Upon completion of any person dealing such work, Tenant shall deliver to Landlord final unconditional lien waivers from all contractors, subcontractors and materialmen who performed such work in a form approved by Landlord. If such a lien is filed, then Tenant shall, within 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 yourespect thereto), either (a) pay the amount of the lien and cause the lien to be released of record, or (b) diligently contest such lien and 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 those who may furnish materials or perform labor for any construction or repairs expenses and nothing contained in this Lease interest, shall be construed as a consent on the part of the paid by Tenant to Landlord to subject the estate of the within ten days after Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you has invoiced Tenant therefor. Landlord 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 Tenant acknowledge and agree that you will pay their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or cause other similar relationships) and that Tenant is not authorized to be paid all sums legally due and payable by you on account of any labor performed act as Landlord’s common law agent or materials furnished construction agent in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any provision other persons now or hereafter contracting with Tenant, any contractor or subcontractor of this Lease relating to improvements, additions, alterations, repairs Tenant or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to any other Tenant Party for the furnishing of any labor labor, services, materials, supplies or materials equipment with respect to any portion of the Premises Premises, at any time from the Lease Date until the end of the Term, are hereby charged with notice that would 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 may result in any mechanic’s or materialman’s lien attaching to 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 the Premises; (ii) you are not the agent of any funds held by Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 reimburse Tenant for any payment portion of the cost of such work. 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 or for the benefit of failure by any person furnishing labor or materials in connection therewith. 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 Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the same request of a Tenant Party. This indemnity provision shall survive termination or if the assessed value expiration of Landlord’s property is increased by inclusion of personal property, furniture or fixtures placed by you in the Premises, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesthis Lease.

Appears in 1 contract

Sources: Lease Agreement (AIRO Group Holdings, Inc.)

Mechanic’s Liens. You (If Tenant makes any alterations or improvements in the Premises, Tenant must pay for same when made. Nothing in the Lease shall be construed to authorize Tenant or anyone dealing with or under Tenant) shall have no authority, express or implied, to create charge the rents of the Premises, or place the property of which the Premises form a part, or the interest of Landlord in the estate of the Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Premises, with a mechanic’s lien or encumbrance of any kind kind, and under no circumstances shall Tenant be construed to be the agent, employee or nature whatsoever upon, or in any manner to bind the interests representative of Landlord in the Premises 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 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 order of a court of competent jurisdiction or otherwise, or to charge pay any portion thereof and of the rentals payable hereunder for any claim in favor amounts so paid, including attorneys’ fees and expenses connected 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 Additional Rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of b▇▇▇. Tenant will indemnify, defend and hold harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any person dealing with yourepairs, including those who may furnish materials installations or perform labor for any construction or repairs and nothing contained in this Lease shall be construed 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you Tenant. Tenant will provide insurance certificates from all contractors performing Tenant’s work in form and each such claim substance as is required by Tenant under this Lease. No mechanics’ or materialmens’ liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Tenant shall in any way, or to any extent, affect and each such lien shall the interest or rights of Landlord in any buildings or other improvements on the Premises, or attach to or affect Landlord’s title to or rights in the Premises including, but not limited to, if at all, only Landlord’s reversionary interest or other estate or interest of Landlord in the leasehold interest granted Premises. Tenant shall notify all contractors constructing such improvements or supplying labor and/or materials that no mechanics’ lien filed by Tenant’s contractors shall extend to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold Landlord’s interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all lossShopping Center, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the rightin accordance with Section 713.10, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesFlorida Statutes.

Appears in 1 contract

Sources: Lease Agreement (Pulse Evolution Corp)

Mechanic’s Liens. You (Lessee shall promptly pay any contractors and materialmen who supply labor, work or materials to Lessee at the Tenant) shall have no authority, express or implied, Premises so as to create or place avoid the possibility of a lien attaching to the Premises. Lessee will not permit any mechanics' lien or encumbrance of any kind or nature whatsoever upon, or in any manner liens to bind the interests of Landlord in be placed on the Premises or improvements to charge the rentals payable hereunder Premises. If an mechanics' lien claim is filed on the Premises or improvements to the Premises, Lessee will promptly cause the claim/lien to be discharged of record by payment, deposit, bond, order of court or otherwise or will pay the claim/lien. If default in payment of the claim/lien continues of record for thirty (30) days after written notice from Lessor to Lessee, Lessor may, at its option, pay the claim/lien or any claim in favor of any person dealing with youportion thereof without inquiry as to its validity. Any amounts paid by Lessor to remove a mechanics' lien caused to be filed against the Premises or improvements thereon, including those who may furnish materials or perform labor for any construction or repairs expenses and nothing contained interest (including reasonable attorneys' fees, costs and expenses), shall be due from Lessee to Lessor and shall be repaid to Lessor immediately upon receipt of notice, together with interest at the rate of seven percent (7%) per annum from the date Lessor paid to remove such lien until the date Lessee repays Lessor. Nothing in this Lease shall is intended to authorize Lessee to do or cause any work or labor to be construed as a consent on done or any materials to be supplied for the part account of Lessor; all of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause same to be paid all sums legally due solely for Lessee's account and payable by you at Lessee's risk and expense. Throughout the Term and any extensions thereto, the term "mechanics' lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or any interest therein or income therefrom on account of any labor performed mechanics', laborers' or materials furnished in connection with any work performed on the Premises on which any materialmens' lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or claim arising out of asserted claims any debt or liens against the leasehold estate liability to or against the right, title and interest of the Landlord in the Premises any claim or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing demand of any labor contractor, mechanic, supplier, materialman 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxeslaborer.

Appears in 1 contract

Sources: Lease Agreement (Cimnet Inc/Pa)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work done or caused to be done by Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following commencement of the Lease Term) of a character which could result in liens on Landlord’s interest. Tenant will keep the Premises free and payable clear of all mechanics’ and other liens on account of work done for Tenant or persons claiming under it, excluding tenant finish work performed by you Landlord pursuant to this Lease, if any. Tenant agrees to indemnify and defend Landlord with respect to all liability, loss, damage, cost or expense, including attorneys’ fees, on account of any labor performed or materials furnished in connection with claims of any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all lossnature whatsoever, cost or expense based on or arising out of asserted 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. Should any liens be filed or recorded against the leasehold estate Premises and/or the Building or against any action affecting the righttitle thereto be commenced as a result of such work, title and interest Tenant shall cause such liens to be removed of record within 5 days after notice from Landlord. If Tenant desires to contest any claim or lien, Tenant shall furnish to Landlord adequate security of at least 150% of the Landlord in amount of the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvementsclaim, additionsplus estimated costs and interest, alterationsor, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to at Landlord’s interest in option, file a bond and obtain a release of the Premises; (ii) you are not lien pursuant to Law. If a final judgment establishing the agent of Landlord for the purposes validity or existence of any such improvementslien is entered, additionsTenant shall pay and satisfy it at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed, alterations, repairs or reconstruction; and (iii) except shall not have given Landlord security as expressly provided hereinabove, Landlord has retained no control over the manner in which may (but without being required) pay such lien or claim and any such improvements, additions, alterations, repairs or reconstruction are accomplishedcosts, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials amount so paid, together with reasonable attorneys’ fees incurred in connection therewith. No one furnishing labor or materials to or for your account , shall be entitled immediately due from Tenant 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Lease Agreement (Texas Rare Earth Resources Corp.)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs 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 nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 cause such entities shall look solely lien or encumbrance to you be discharged within twenty-five (25) days after Tenant is notified (or otherwise actually becomes aware) of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and your leasehold interest under this Lease Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such period. Without limiting any other rights or remedies of Landlord, if Tenant fails for any reason to cause a lien or encumbrance to be discharged within twenty-five (25) days after Tenant is notified (or otherwise actually becomes aware) of the satisfaction filing or recording thereof, then Landlord may take such action(s) as it deems necessary to cause the discharge 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 (including, without limitation, by paying any amount demanded by the party who has filed or if recorded such lien or encumbrance, regardless of whether the assessed value of Landlord’s property same is increased by inclusion of personal property, furniture or fixtures placed by you in the Premisesdispute), and Landlord elects to pay the taxes based on such increase, you shall pay to be reimbursed by Tenant for all costs and expenses incurred by Landlord upon in connection therewith within five (5) business days following written demand that part of such taxestherefor.

Appears in 1 contract

Sources: Lease Agreement (Allogene Therapeutics, Inc.)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall keep the Premises on which free from any liens and shall pay when due all bills arising out of any work performed, materials furnished, or obligations incurred by Tenant or Tenant's Parties relating to the Premises. If any claim of lien is recorded with respect to work performed by or can be validly and legally asserted on behalf of Tenant or Tenant's Parties, Tenant shall bond against its leasehold interest in or discharge the same within ten (10) business days after the same has been recorded against the Premises or Landlord shall have the improvements right, at Landlord's option, of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses, together with interest thereon at the Interest Rate, shall be Additional Rent immediately due and that you will save payable upon rendition of a ▇▇▇▇ therefor. Should any lien be filed against the Premises or any action be commenced affecting title to the Premises, the party receiving notice of such lien or action shall immediately give the other party written notice thereof. Tenant shall indemnify, defend (by counsel satisfactory to Landlord), protect and hold Landlord harmless from any and all loss, cost or 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 Premises or under this Lease arising from the terms act or agreement of this LeaseTenant. You agree Tenant agrees to give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on against the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Industrial Lease Agreement (Tibco Software Inc)

Mechanic’s Liens. You (the a) Tenant will not permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman or pursuant to any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) shall have no authority, express which might be or implied, to create or place any become a lien or encumbrance of or charge upon the Building or any kind portion thereof or nature whatsoever uponthe income therefrom. Tenant will not suffer any other matter or thing whereby the estate, or in any manner to bind the rights and interests of Landlord in the Premises Building or to charge the rentals payable hereunder for any claim in favor portion thereof might be impaired. If any lien or notice of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed alleged debt of Tenant or materials furnished in connection with any notice of contract by a party engaged by Tenant or Tenant's contractor to work performed on the Premises shall be filed against the Building or any portion thereof, Tenant shall within thirty (30) days after demand from Landlord, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, landlord may, but shall not be obligated to, discharge 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 judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including attorney's fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on which Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and created by Landlord. (b) Tenant shall pay promptly all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person persons furnishing labor or materials in connection therewith. No one furnishing labor with respect to any work performed by Tenant 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 Tenant's contractor in the Premises. If No work which Landlord permits Tenant to do shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic's or other lien shall be allowed against the estate of Landlord by reason of any such taxes for which you are liable are levied or assessed against consent by Landlord or Landlord’s property and if Landlord elects to pay Tenant to improve the same or if Premises. (c) the assessed value provision(s) of Landlord’s property is increased by inclusion of personal property, furniture or fixtures placed by you this Section 9.03 shall apply with respect to any Construction Work performed in the Premises, and Landlord elects to pay Premises by Tenant or any permitted assignee or sublessee at any time during the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesTerm hereof.

Appears in 1 contract

Sources: Lease Agreement (Barnesandnoble Com Inc)

Mechanic’s Liens. You (the Tenant) If Leasehold Owner and/or Guarantor shall have no authoritycompleted or caused the Substantial Completion of the construction and equipping of the Improvements on or before the Completion Date, express or impliedfree and clear of all liens and defects in construction and materials, materially in accordance with all Plans (as the same may be modified pursuant to create or place any lien or encumbrance the terms of any kind or nature whatsoever uponthe Loan Documents), or in any manner to bind Laws and the interests of Landlord Building Loan Agreement, and satisfied the conditions set forth in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs Building Loan Agreement and nothing contained in this Lease Guarantor shall be construed 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from have otherwise satisfied any and all lossof its obligations under this Guaranty, cost then upon the expiration of any time period beyond said completion of the construction and equipping of the Improvements in accordance with the Building Loan Agreement within which mechanics, materialmen or expense based on other Persons (collectively, “Mechanics”) are entitled to file liens against the Premises for construction, materials or arising out related work claims shall have expired (such completion and the expiration of asserted such time period, is herein referred to as the “Completion of the Project”), Guarantor shall be released of any further obligations under this Guaranty; provided, however, if Bank shall have received after Completion of the Project, duly executed lien waivers from all Mechanics entitled to file liens against the Premises evidencing the payment in full for all of their work relating to the Premises, this Guaranty shall terminate upon receipt of such lien waivers. Bank agrees that upon Bank’s receipt of evidence satisfactory to Bank of the Completion of the Project, and, provided, that no undischarged liens which have not been bonded over shall have been filed against the Premises by Mechanics, Bank shall deliver a written confirmation that this Guaranty is limited only to a guaranty against the filing of subsequent liens against the Premises by Mechanics with respect to which such duly executed lien waivers have not been received by Bank. Thereafter, this Guaranty shall continue as a guaranty against claims and liens by Mechanics that have not been waived until Mechanics are no longer legally entitled to file any such claims or liens against the leasehold estate or Premises, whereupon Bank shall deliver to Guarantor Bank’s final written confirmation of termination of this Guaranty in full, provided that no undischarged Mechanics’ liens have been filed against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Guaranty of Completion (BRT Realty Trust)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authoritypromptly pay any contractors and materialmen who supply labor, express work or implied, materials to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in Tenant at the Premises or the Property so as to charge minimize the rentals payable hereunder for any claim possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in favor order to avoid the imposition of any person dealing with youmechanic’s, including those who may furnish materials laborers or perform labor materialman’s lien upon the Premises, the Property or the Lot, including, but not limited to, obtaining a Waiver of Liens prior to the commencement of construction and/or a Release of Liens upon completion of construction. Should any such lien or notice of lien be filed for any construction work performed for Tenant other than by Landlord, Tenant shall bond against or repairs and nothing contained discharge the same within fifteen (15) days after the lien or claim is filed or formal notice of said lien or claim has been issued regardless of the validity of such lien or claim. Nothing in this Lease shall lease is intended to authorize Tenant to do or cause any work or labor to be construed as a consent on done or any materials to be supplied for the part account of Landlord, all of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause same to be paid all sums legally due solely for Tenant’s account and payable by you at Tenant’s risk and expense. Throughout this lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all lossmechanic’s, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechaniclaborer’s or materialman’s lien attaching to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes or arising out of any such improvements, additions, alterations, repairs debt or 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 payment liability to or for the benefit any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic’s notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by any person furnishing labor or materials in connection therewith. 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 Landlordmechanic’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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxeslien.

Appears in 1 contract

Sources: Lease Agreement (SXC Health Solutions Corp.)

Mechanic’s Liens. You (No work performed by Tenant pursuant to this Lease, whether in the Tenant) nature of erection, construction, alteration or repair, shall have no authority, express or implied, be deemed to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind be for the interests immediate use and benefit of Landlord in the Premises so that no mechanic's or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease other lien shall be construed as a consent on the part of the Landlord to subject allowed against the estate of the Landlord by reason of any consent given by Landlord to liability under Tenant to improve the Construction Lien Law of the State of Florida, it being expressly understood Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant's improvements assuring Landlord that the Landlord’s estate shall not no mechanic's liens will be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold Landlord's interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out property of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in which the Premises or under the terms of this Leaseare a part. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person Tenant shall pay promptly all persons furnishing labor or materials in connection therewithwith respect to any work performed by Tenant or its contractor on or about the Premises. No one furnishing labor In the event any mechanic's or other lien shall at any time be entered, or any petition or proceeding therefor filed, against the Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or for your account shall be entitled furnished to claim any lien against the interest of Landlord in Tenant or to anyone holding the Premises and such entities through or under Tenant, Tenant shall look solely forthwith cause the same to you and your leasehold interest under this Lease for be discharged of record or bonded to the satisfaction of Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys' fees incurred by Landlord either in defending against such claims. You lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed due and payable 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, and Landlord elects to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxesas Additional Rental.

Appears in 1 contract

Sources: Lease Agreement (Ashworth Inc)

Mechanic’s Liens. You All work performed, materials furnished, or obligations incurred by or at the request of a Subtenant Party shall be deemed authorized and ordered by Subtenant only, and Subtenant shall not permit any mechanic’s liens to be filed against the Subleased Premises, the Base Lease Premises, or the Building in connection therewith. Upon completion of any such work, Subtenant shall deliver to Sublandlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Subtenant shall, within 10 days after Sublandlord has delivered notice of the filing thereof to Subtenant (or such earlier time period as may be necessary to prevent the Tenantforfeiture of the Subleased Premises, the Base Lease Premises, the Building or any interest of Sublandlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Sublandlord a bond or other security reasonably satisfactory to Sublandlord. If Subtenant fails to timely take either such action, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within 10 days after Sublandlord has invoiced Subtenant therefor. Sublandlord and Subtenant 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). Subtenant shall have no authority, express authority to do any act or implied, to make any contract that may create or place be the basis for any lien lien, mortgage or other encumbrance upon any interest of any kind Sublandlord or nature whatsoever uponSubtenant in the Subleased Premises, Base Lease Premises, or in the Building. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any manner to bind the interests other persons now or hereafter contracting with Subtenant, any contractor or subcontractor of Landlord in the Premises Subtenant or to charge the rentals payable hereunder any other Subtenant Party for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor labor, services, materials, supplies or materials equipment with respect to any portion of the Subleased Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Subtenant to obtain payment for same. Nothing herein shall be deemed a consent by Sublandlord to any liens being placed upon the Subleased Premises, the Base Lease Premises, the Building, or Sublandlord’s interest therein due to any work performed by or for Subtenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Sublandlord to reimburse Subtenant for any portion of the cost of such work. Subtenant shall defend, indemnify and hold harmless Sublandlord and its agents and representatives for, 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 Premises that would or may result in failure by any mechanic’s or materialman’s lien attaching Subtenant Party to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 pay for any payment to work performed, materials furnished, or for obligations incurred by or at the benefit request of any person furnishing labor a Subtenant Party. This indemnity provision shall survive termination or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against the interest expiration 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesSublease.

Appears in 1 contract

Sources: Sublease Agreement (CUI Global, Inc.)

Mechanic’s Liens. You (the Tenant) shall have no authorityAll work performed, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever uponmaterials furnished, or in any manner to bind obligations incurred by or at the interests request of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease a Tenant Party shall be construed 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 Floridadeemed authorized and ordered by Tenant only, it being expressly understood that the Landlord’s estate and Tenant shall not be subject to permit any mechanic’s liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon Project in connection therewith. Upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and that you will save and hold materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest has delivered notice of the Landlord in filing thereof to Tenant (or such earlier time period as may be necessary to prevent the Premises or under the terms forfeiture of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you 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 each agree 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 confirm that: any documented amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within ten (i10) days after Landlord has not consented nor will invoiced Tenant therefor. Landlord ever consent to 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 labor, services, materials, supplies or materials equipment with respect to any portion of the Premises Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that would 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 may result in any mechanic’s or materialman’s lien attaching to 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 Premises; (ii) you are not cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, any subsidiary or Affiliate of the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 accomplishedforegoing, and has made no agreement their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including reasonable attorneys’ fees) in any way arising from or relating to make or be responsible the failure by any Tenant Party to pay for any payment to work performed, materials furnished, or for obligations incurred by or at the benefit request of any person furnishing labor a Tenant Party. The foregoing indemnity shall survive termination or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against the interest expiration 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesLease.

Appears in 1 contract

Sources: Office Lease Agreement (Cross Country Healthcare Inc)

Mechanic’s Liens. You (the Tenanta) shall have no authorityPropCo Seller will pay, express or impliedwhen due, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder all claims for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with or alleged to have been furnished prior to the Closing, and will keep the Facilities free and clear of all mechanics’ liens. PropCo Seller will either remove any work performed on such liens within sixty (60) days of PropCo Seller’s receipt of notice of their imposition or bond around such liens, regardless of whether such notice is delivered before or after the Premises on which Closing. If PropCo Seller contests the validity of any lien is such lien, claim or can demand, then PropCo Seller will, at its sole expense defend and protect itself, Buyer and the Facilities against the same and will pay and satisfy any such adverse judgment that may be validly and legally asserted against its leasehold interest in rendered thereon before the Premises or the improvements thereon and that you enforcement thereof. PropCo Seller will save indemnify, defend, protect and hold Landlord Buyer harmless from any and all lossclaims, cost liabilities, losses, expenses (including reasonable attorneys’ fees), or expense based on or damages arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs any mechanics liens or reconstruction of or related claims affecting the Real Property and relating to work done at the Facilities prior to the PremisesClosing Date. (b) OpCo Seller will pay, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any when due, all claims for labor or materials furnished or alleged to have been furnished prior to the Premises that would Closing, and will keep the Facilities free and clear of all mechanics’ liens. OpCo Seller will either remove any such liens within sixty (60) days of OpCo Seller’s receipt of notice of their imposition or may result in any mechanic’s bond around such liens, regardless of whether such notice is delivered before or materialman’s lien attaching to Landlord’s interest in after the Premises; (ii) you are not Closing. If OpCo Seller contests the agent of Landlord for the purposes validity of any such improvementslien, additionsclaim or demand, alterationsthen OpCo Seller will, repairs or reconstruction; at its sole expense defend and (iii) except as expressly provided hereinprotect itself, Landlord has retained no control over Buyer and the manner in which Facilities against the same and will pay and satisfy any such improvementsadverse judgment that may be rendered thereon before the enforcement thereof. OpCo Seller will indemnify, additionsdefend, alterationsprotect and hold Buyer harmless from any and all claims, repairs liabilities, losses, expenses (including reasonable attorneys’ fees), or reconstruction are accomplished, damages arising out of or relating to any mechanics liens or related claims affecting the Property and has made no agreement relating to make or be responsible for any payment work done at the Facilities prior to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesClosing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (CareTrust REIT, Inc.)

Mechanic’s Liens. You (the Tenant) shall have no authority, express If any mechanics’ or implied, to create or place any other lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon Development purporting to be for labor or material furnished or to be furnished at the request of Tenant, then Tenant shall at its expense cause such lien to be discharged by payment, bond or otherwise within thirty (30) days after notice of filing thereof. As an alternative to causing the lien to be discharged of record, Tenant shall have the right to contest the validity of any lien or claim if Tenant shall first have posted a bond or other security reasonably satisfactory to Landlord (such as an undertaking with Landlord’s title company to insure that, upon final determination of the validity of such lien or claim, Tenant shall immediately pay any judgment rendered against Tenant). If Tenant shall fail to take such action within such thirty (30) day period, Landlord may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto and that you will save Tenant shall, upon demand, reimburse Landlord for all amounts paid and costs incurred including reasonable attorney’s fees, in having such lien discharged of record. Tenant shall indemnify and hold Landlord harmless from and against any and all lossclaims, cost costs, damages, liabilities and expenses (including reasonable attorney’s fees) which may be brought or expense based on imposed against or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the incurred by Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 by reason of any such improvements, additions, alterations, repairs lien or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesits discharge.

Appears in 1 contract

Sources: Office Lease Agreement (Cognition Therapeutics Inc)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you▇▇▇▇▇▇, including those who may furnish materials or perform labor for any construction or repairs 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 covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 cause such entities shall look solely lien or encumbrance to you be discharged within thirty (30) days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and your leasehold interest under this Lease Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30) day period. Without limiting any other rights or remedies of Landlord, if Tenant fails for any reason to cause a lien or encumbrance to be discharged within thirty (30) days of the satisfaction filing or recording thereof, then Landlord may take such action(s) as it deems necessary to cause the discharge 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 (including, without limitation, by paying any amount demanded by the party who has filed or if recorded such lien or encumbrance, regardless of whether the assessed value of Landlord’s property same is increased by inclusion of personal property, furniture or fixtures placed by you in the Premisesdispute), and Landlord elects to pay the taxes based on such increase, you shall pay to be reimbursed by Tenant for all costs and expenses incurred by Landlord upon in connection therewith within five (5) business days following written demand that part of such taxestherefor.

Appears in 1 contract

Sources: Lease Agreement (SolarMax Technology, Inc.)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable costs for work done by you or on account behalf of any labor performed Tenant or materials furnished in connection with any work performed caused to be done by or on behalf of Tenant on the Premises on of a character which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to liens against Landlord’s interest in the Premises; (ii) you are not , Building or Building Complex. Tenant warrants that it will keep the agent Demised Premises and Building Complex 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. Tenant hereby agrees to indemnify, defend and save Landlord for the purposes harmless of and from all liability, loss, damages, costs or expenses, including reasonable attorneys’ fees, incurred in connection with any claims of any nature whatsoever for work performed for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any such improvementsliens be filed or recorded against the Premises, additionsBuilding Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced, alterationsTenant shall cause such liens to be released of record within thirty (30) days after notice thereof. If Tenant desires to contest any such claim of lien, repairs Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as maybe provided by applicable law. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or reconstruction; suit to foreclose such a lien has been recorded or filed and (iii) except shall not have caused the lien to be released as expressly provided hereinaforesaid, Landlord has retained no control over the manner in which may (but without being required to do so) pay such lien or claim and any such improvements, additions, alterations, repairs or reconstruction are accomplishedcosts associated therewith, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials amount so paid, together with interest at the Interest Rate and reasonable attorneys’ fees incurred in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay immediately due from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Commercial Lease Agreement (Intelepeer Inc)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, The Contractor agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid paid, all sums legally due costs for work done by it or caused to be done by it on the premises; and payable by you the Contractor shall keep the premises free and clear of all mechanic's liens or other liens. The Contractor agrees to and shall indemnify, protect, defend, and save the University to be free and harmless against any and all liability, loss, damage, costs, attorney's fees, and all other expenses, on account of claim(s) of lien of laborers or material persons, or others for work performed and/or material or supplies furnished to the Contractor or persons claiming under it. If the Contractor shall desire to contest any labor performed claim of lien, it shall furnish the University adequate security of equal value or materials furnished an amount equal to the claim plus estimated costs and interest. In place of this amount, the Contractor may supply a bond from a responsible 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 Contractor shall pay and satisfy the same at once. If the Contractor is in default in paying any charge for which a mechanic's lien claim and suit to foreclosure of the lien has been filed, and has not given the University security to protect the property and the University against such claim of lien, the University may, but shall not be required to, pay the said claim and any cost. The amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due and owing from the Contractor to the University, and the Contractor shall pay the same to the University, with interest, at the maximum lawful rate from the date the University incurs the debt. Should any work performed on claims of lien be filed against the Premises on premises or any action affecting the 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 University and its representative shall have the right to go upon and inspect the premises at all reasonable times, and shall have the right to post, and keep posted thereon, notices of non­responsibility, or such other notices which any lien is or can the University may deem to be validly and legally asserted against its leasehold proper for the protection of the University's interest in the Premises or premises. The Contractor shall, before the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing commencement of any labor or materials to the Premises that would or may work, which might result in any mechanic’s or materialman’s lien attaching lien, give the University written notice of its intention to Landlord’s interest do so in sufficient time to enable the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part posting of such taxesnotice(s).

Appears in 1 contract

Sources: Contract for Retail Food Services

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for: (i) work done by you Tenant or caused to be done by Tenant, in or to the Premises; and (ii) materials furnished 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 labor performed 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 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 in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in all or any portion of the Project to liability under any mechanics’ lien or to any other lien law. If Tenant receives notice that a lien has been or is about to be filed against the Premises or any part of the Project or any action affecting title to the Project has been commenced on account of work done by or for or materials furnished in connection with to or for Tenant, it will immediately give Landlord written notice of such notice. At least 15 days prior to the commencement of any work performed on the Premises on which (including, but not limited to, any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterationsmaintenance, repairs or reconstruction of Alteration) in or to the Premises, you by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent have the right to the furnishing post notices of any labor non-responsibility or materials to similar notices, if applicable, on 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, additions, alterations, repairs or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over the manner public records in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement order to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against the interest of Landlord in protect the Premises and Project against 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 1 contract

Sources: Office Lease (Zscaler, Inc.)

Mechanic’s Liens. You (the Tenant and Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of ’s contractors/vendors will indemnify Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialmanmaterialmen’s lien attaching to against Landlord’s interest in the Premises; Building or Premises arising from work performed by or under Tenant. If a lien is filed, Tenant will, within fifteen (ii15) you are not Business Days after receipt of Landlord’s written request, remove the agent lien by paying it in full. In the event Tenant fails within said fifteen (15)-business-day period to remove the lien, Tenant will immediately be in default under the Lease without the necessity of further notice from Landlord for and Landlord will be entitled to take such action at law, in equity or under the purposes of any such improvements, additions, alterations, repairs or reconstruction; Lease as Landlord deems appropriate 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 Tenant will be responsible for all monies Landlord may pay in discharging any payment to lien including all actual costs and reasonable attorneys’ fees incurred by Landlord in settling, defending against, appealing or in any manner dealing with lien. ADDENDUM 1 TO EXHIBIT I WORK LETTER RESPONSIBILITY MATRIX [SEE ATTACHED] {00224903.DOC:8} 75 {00224903.DOC:8} 76 {00224903.DOC:8} 77 EXHIBIT J - OPTION TO EXTEND As additional consideration for the benefit covenants of any person furnishing labor or materials Tenant under this Lease, Landlord grants to Tenant an option (the “Option”) to extend the term of the Lease for one (1) additional term of five (5) years (the “Option Term”). The Option will be on the following terms and conditions: A. Written notice of Tenant’s interest in connection therewithexercising the Option will be given to Landlord, at Tenant’s option, not earlier than eighteen (18) months and not later than twelve (12) months prior to the expiration of the initial Lease Term (as extended by Tenant’s exercise of the Expansion Option, if applicable) (“Tenant’s Notice”). No one furnishing labor or materials Not later than thirty (30) days after receiving Tenant’s Notice, Landlord will give to or Tenant notice of Landlord’s estimate of the then prevailing market rate for your the Premises commencing on the Commencement Date of the Extended Term (“Landlord’s Notice”). The phrase “then prevailing market rate” as used in this paragraph will mean the base rental rate a willing lessee would pay and a willing lessor would accept in an arm’s length lease of the Premises at such date upon the terms and provisions of this Lease, taking into account shall be entitled to claim any lien against all relevant factors including parking spaces, the interest size and quality of Landlord in the Premises, the location of the Premises and such entities shall look solely the length of the Option Term, the cost, limitations and provisions of the Lease relating to you utilities 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 PremisesNZE, and Landlord elects also taking into account tenant improvements, and other concessions then being offered to pay comparable tenants in Boulder. In no event will the taxes based on such increase, you rental rate be less than the Base Rent that Tenant is paying immediately prior to the commencement of the Option Term. The term “then prevailing market rate” shall pay to Landlord upon demand that part also include an escalation of such taxesthe Base Rate so determined for subsequent Lease Years during the Extended Term in accordance with then prevailing market conditions for similar leases.

Appears in 1 contract

Sources: Office Lease Agreement

Mechanic’s Liens. You (The Tenant will not permit, during the Tenant) shall have no authorityterm hereby granted, express any mechanic's or implied, to create or place any other lien or encumbrance order for payment of any kind or nature whatsoever uponwork, labor, services, or in any manner to bind the interests of Landlord in the Premises materials furnished or to charge be furnished to attach to or affect the rentals payable hereunder for premises or any claim portion thereof, and agrees that it will not cause or permit any such lien or order to attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in favor of any person dealing with yourepair, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease its right to make alterations therein, if any, shall not be construed as a the consent on the part of the Landlord to subject the estate furnishing of any such work, labor or materials within the Landlord to liability under the Construction Lien Law meaning of the State of Florida, it being expressly understood any present or future lien law. Notice is hereby given that the Landlord’s estate shall not Tenant has no power, authority or right to do any act or to make any contract which may create, or be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach tothe foundation for, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is upon the fee or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises premises or under upon the terms land or buildings of this Leasewhich they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within thirty (30) days after the Tenant has notice thereof, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. You agree If the Tenant shall fail to give take such action, or shall not cause such lien or order to be discharged within forty-five (45) days after the filing thereof, the Landlord immediate written notice if may pay the amount of such lien or discharge the same by deposit or by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the expenses incurred by the Landlord, including all attorneys, fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed additional rent. Any reasonable expenses incurred by Landlord in connection with the examination of title to the premises in order to ascertain the existence of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing discharge of any labor 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 improvementsrecord thereof, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 payable 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, and Landlord elects to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxeson demand, together with interest as aforesaid, as additional rent.

Appears in 1 contract

Sources: Lease Agreement (Healthworld Corp)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, a. Tenant agrees to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in keep the Premises or to charge free from the rentals payable hereunder for any claim in favor claims of any person dealing with youpersons who, including those who may at the request of Tenant, furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment material to or for the benefit of the Premises. Tenant agrees to indemnify and hold harmless Landlord from and against all loss, liabilities, suits and claims resulting from any person furnishing labor and all such liens or materials encumbrances. Notwithstanding anything in connection therewiththis Section to the contrary, if Tenant in good faith contests the validity of any such lien or encumbrance, it may post a bond to remove the lien from the Premises in lieu of satisfying any such lien. No one furnishing During Tenant's construction or alteration of any improvements, Landlord may post and keep posted on the Premises appropriate notices to protect Landlord against the claims of persons who, at the request of Tenant, furnish labor or materials to or for your account the benefit of the Premises. b. Landlord shall be entitled to claim any lien against the interest of Landlord in the Premises pay and such entities shall look solely to you discharge all bills duly presented for goods and your leasehold interest under this Lease for the satisfaction of any such claims. You shall be liable materials delivered and for all taxes levied services performed in connection with any repairs or assessed against personal property, furniture or fixtures placed improvements to be performed by you in Landlord on the Premises. If In the event Landlord fails to make any such taxes for which you are liable are levied or assessed payment and a claim of lien to secure payment therefor is filed 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, Landlord shall, within ten (10) days from the date such claim is filed, (i) pay and discharge such lien, or (ii) notify Tenant that the claim upon which such lien is based has no validity and is being contested in good faith, in which case Landlord elects may in lieu of payment provide for such payment with an escrow holder in Albuquerque, New Mexico, reasonably satisfactory to Tenant. In the event Landlord fails to make or provide for such payment, Tenant may pay and discharge such lien and withhold sums so paid, plus interest at twelve percent (12%) per annum or at the taxes based on such increasemaximum legal interest rate, you shall pay whichever is less, from any monies, including rental, due to Landlord upon demand that part of such taxesunder this Lease.

Appears in 1 contract

Sources: Lease (Westland Development Co Inc)

Mechanic’s Liens. You (It is expressly acknowledged and understood that ▇▇▇▇▇▇▇▇ does not consent to, and has not by the Tenant) shall have no authorityexecution and delivery of this Lease consented to, express or impliedthe imposition of any liens upon the Premises by any party whomsoever, to create or place any excepting such subordinate mortgage lien or encumbrance liens as are expressly approved in writing by Landlord. Said approval shall be contingent upon the amendment of this Lease to add provisions regarding conditions of the imposition of any kind liens and obligations of any proposed mortgagee. Tenant covenants and agrees that Tenant shall not suffer or nature whatsoever upon, permit any mechanic's liens or in any manner other liens to bind be filed against the interests fee of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youportion thereof, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted nor against its Tenant's leasehold interest in the property nor any of the Improvements on the Premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Tenant or to anyone holding the Premises or any part thereof by, through, or under Tenant. In the improvements thereon case of the filing of any such lien, Tenant shall immediately thereupon discharge the same by payment, bonding, or otherwise, but in all events prior to the foreclosure thereof. If default in payment thereof shall continue beyond the expiration of ten (10) days after ▇▇▇▇▇▇’s receipt of a notice thereof, Landlord shall have the right but not the obligation, at Landlord’s option, to discharge such lien at Tenant’s sole cost and that you will save expense, and hold in such event, Tenant shall reimburse Landlord harmless for such costs within ten (10) days of receipt of a statement of said costs from Landlord. In addition to the foregoing, Tenant shall furnish to Landlord within five (5) days of receipt by Tenant copies of any and all lossnotices and/or correspondence directed to Tenant by any person or entity alleging the right to, cost or expense based on notifying Tenant of the filing of any mechanic’s, materialman’s, or arising out of asserted claims or liens other lien against the leasehold estate or against the right, title and interest fee of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding Tenant further covenants and agrees to protect, indemnify, defend, and hold harmless Landlord from and against all bills and claims, liens and rights to liens for labor and materials and architect's, engineer's, contractor's, and subcontractor's claims, and all fees, claims, and expenses incident to the construction and completion of any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the including without limitation any reasonable attorneys' fees which may be incurred by Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Leaseback Agreement

Mechanic’s Liens. You (the Tenant) shall have no authorityAll work performed, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever uponmaterials furnished, or in 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 manner mechanic’s or construction liens to bind the interests of Landlord in be filed against the Premises or to charge the rentals payable hereunder for Project or any claim portion thereof in favor connection therewith. Upon completion of any person dealing such work, Tenant shall deliver to Landlord final unconditional lien waivers from all contractors, subcontractors and materialmen who performed such work in a form approved by Landlord. If such a lien is filed, then Tenant shall, within ten (10) business days after notice of the filing thereof (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, the Project, any portion thereof, or any interest of Landlord therein or the imposition of a civil or criminal fine with yourespect thereto), either (a) pay the amount of the lien and cause the lien to be released of record, or (b) diligently contest such lien and 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 those who may furnish materials or perform labor for any construction or repairs expenses and nothing contained in this Lease interest, shall be construed as a consent on the part of the paid by Tenant to Landlord to subject the estate of the within ten days after Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you has invoiced Tenant therefor. ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ acknowledge and agree that you will pay their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or cause other similar relationships) and that Tenant is not authorized to be paid all sums legally due and payable by you on account of any labor performed act as Landlord’s common law agent or materials furnished construction agent in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any provision other persons now or hereafter contracting with Tenant, any contractor or subcontractor of this Lease relating to improvements, additions, alterations, repairs Tenant or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to any other Tenant Party for the furnishing of any labor labor, services, materials, supplies or materials equipment with respect 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 portion of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 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, any portion thereof, or ▇▇▇▇▇▇▇▇’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord elects 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 taxes based on such increase, you request of a Tenant Party. This indemnity provision shall pay to Landlord upon demand that part survive termination or expiration of such taxesthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Evolent Health, Inc.)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authoritynot do any act, express or impliedmake any contract, to which may create or place be the foundation for any lien or other encumbrance upon any interest of Landlord or any ground or underlying Landlord in any portion of the Premises. If, because of any kind act or nature whatsoever uponomission (or alleged act or omission) of Tenant, any Notice of Intention, mechanic's or other lien, charge, or in order for the payment of money or other encumbrance shall be filed against Landlord and/or any manner to bind the interests ground or underlying Landlord and/or any portion of Landlord in the Premises (whether or to charge the rentals payable hereunder for any claim in favor of any person dealing with younot such lien, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Floridacharge, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach toorder, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on valid or enforceable as such), Tenant shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the Premisesfiling thereof; and Tenant shall indemnify and save harmless Landlord and all ground and underlying Landlord(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. Notwithstanding If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any provision such lien, charge, order, or encumbrance, and Tenant agrees to reimburse Landlord for all costs, expenses and other sums of this Lease relating to improvementsmoney in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, additionscontractors, alterationsartisans, repairs mechanics, laborers, and any other persons now or reconstruction hereafter contracting with Tenant of any contractor or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or materials equipment with respect 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 portion of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 the date hereof until the end of the Lease Term, and Landlord elects hereby charged with notice that they look exclusively to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxesobtain payment for same.

Appears in 1 contract

Sources: Lease (North American Integrated Marketing Inc)

Mechanic’s Liens. You (The Tenant will not permit, during the Tenant) shall have no authorityterm hereby granted, express any mechanic’s or implied, to create or place any other lien or encumbrance order for payment of any kind or nature whatsoever uponwork, labor, services, or in any manner to bind the interests of Landlord in the Premises materials furnished or to charge be furnished to attach to or affect the rentals payable hereunder for premises or any claim in favor of portion thereof, and agrees that no such lien or order shall under any person dealing with youcircumstances attach to or affect the fee, including those who may furnish materials leasehold or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the other estate of the Landlord herein, or the building. The Tenant’s obligations to liability under keep the Construction Lien Law of the State of Floridapremises in repair, it being expressly understood that the Landlordand it’s estate right to make alterations therein, if any shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only construed as the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest consent of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any such work, labor or materials within the meaning of any present of future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the Premises that would foundation for, any lien upon the fee or may result leasehold estate o the landlord in the premises or upon the land or building of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land, or building of which the premises are a part: and if any such mechanic’s or materialmanother lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within thirty(30) days thereafter, discharge sad lien or order by payment, deposit or by bond fixed in a proper proceeding according to the law. If the tenant shall fail to take such action, or shall not cause such lien or order to be discharged within (30) days after the filing thereof, the Landlord may pay the amount of such lien or discharge the same by deposit or by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the expenses incurred by the Landlord, Including all attorney’s lien attaching to Landlord’s interest fees and disbursements incurred in the Premises; (ii) you are not the agent of Landlord for the purposes any defense of any such improvementsaction, additionsbonding or other proceeding, alterations, repairs or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over shall be deemed additional rent. Any reasonable expenses incurred by the manner landlord in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement connection with examination of title to make or be responsible for any payment the premises in order to or for ascertain the benefit existence of any person furnishing labor lien or materials in connection therewith. No one furnishing labor or materials to or for your account encumbrance and the discharge of record thereof, shall be entitled payable by the Tenant to claim any lien against the Landlord on demand, together with 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesas aforesaid as additional rent.

Appears in 1 contract

Sources: Lease Agreement (Inuvo, Inc.)

Mechanic’s Liens. You (the Tenant) Lessee shall have no authoritynot do any act, express or impliedmake any contract, to which may create or place be the foundation for any lien or other encumbrance upon any interest or Lessor or any ground or underlying lessor in any portion of the Premises. If, because of any kind act or nature whatsoever uponomission (or alleged act or omission) of Lessee, any Notice of Intention, mechanic's or other lien, charge, or in order for the payment of money or other encumbrance shall be filed against Lessor and/or any manner to bind the interests ground or underlying lessor and/or any portion of Landlord in the Premises (whether or to charge the rentals payable hereunder for any claim in favor of any person dealing with younot such lien, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Floridacharge, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach toorder, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on valid or enforceable as such), Lessee shall, at its own cost and expense, cause the Premisessame to be discharged of record or bonded within thirty (30) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. Notwithstanding If Lessee fails to comply with the foregoing provisions, Lessor shall have the option of discharging or bonding any provision such lien, charge, order, or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses, and other sums of this Lease relating to improvementsmoney in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, additionscontractors, alterationsartisans, repairs mechanics, laborers, and any other persons now or reconstruction hereafter contracting with Lessee of any contractor or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to subcontractor of Lessee for the furnishing of any labor services, materials, supplies, or materials equipment with respect to the Premises that would any portion 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects at any time from the date hereof until the end of the Lease Term, are hereby charged with notice that they look exclusively to pay the taxes based on such increase, you shall pay Lessee to Landlord upon demand that part of such taxesobtain payment for same.

Appears in 1 contract

Sources: Lease (Robocom Systems Inc)

Mechanic’s Liens. You (No work performed by Tenant pursuant to this Lease, whether in the Tenant) nature of erection, construction, alteration or repair, shall have no authority, express or implied, be deemed to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind be for the interests immediate use and benefit of Landlord in the Premises so that no mechanics’ or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease other lien shall be construed as a consent on the part of the Landlord to subject allowed against the estate of the Landlord by reason of any consent given by Landlord to liability under Tenant to improve the Construction Lien Law of the State of Florida, it being expressly understood Premises. Tenant shall pay promptly all persons that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any furnish labor performed or materials furnished in connection with respect to any work performed by Tenant or its Contractors on or about the Premises on which Premises. If any mechanics’ or other lien is or can shall at any time be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out property of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in which the Premises are a part, by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under the terms Tenant, and regardless of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 whether any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien is asserted against the interest of Landlord in or Tenant, Tenant shall forthwith cause the Premises and such entities shall look solely same to you and your leasehold interest under this Lease for be discharged of record or bonded to the satisfaction of Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such claims. You lien or in procuring the bonding or discharge of such lien, together with interest thereon at ten percent (10%), shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed due and payable 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, and Landlord elects to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Land Lease Agreement (Vivakor, Inc.)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate Tenant shall not be subject have the right to liens for improvements made by you allow and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in permit any mechanic’s or materialman’s lien attaching or liens to be placed upon the Leased Premises or improvements thereon or the Property during the term hereof caused by or resulting from any work performed, materials furnished or obligations incurred by or at the request of Tenant and nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord’s interest in the Premises; (ii) you are not the agent of Landlord , express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the purposes performance of any such improvements, additions, alterations, repairs labor or 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 payment to or for the benefit furnishing of any person furnishing labor materials that would give rise to the filing of any mechanic’s, materialman’s, or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien other liens against the interest of Landlord in the Property or the Leased Premises. However, Tenant shall not be responsible for any lien filed by reason of work commissioned or materials incorporated by or at the direction of Landlord or any other tenant of the Property, or for the removal of same. In the case of the filing of any lien on the interest of Landlord or Tenant in the Leased Premises and or the Property, Tenant shall cause the same to be discharged of record or adequately bonded against in accordance with Sections 53.171-175 of the Texas Property Code within thirty (30) days after the filing of same. If Tenant shall fail to discharge or so bond against such entities lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall look solely not be obligated to, discharge the same either by paying the amount claimed to you and your leasehold interest under this Lease be due or by procuring the discharge of such lien by deposit in court or bonding after twenty (20) days prior written notice to Tenant. Any amount reasonably paid by Landlord for any of the aforesaid purposes, or for the satisfaction of any other lien not caused or claimed to be caused by Landlord or another tenant, together with all reasonable legal and other expenses of Landlord in defending any such claims. You action or procuring the discharge of such lien, shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed paid 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, and Landlord elects to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxesdemand.

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)

Mechanic’s Liens. You (Tenant must not permit any mechanics’ lien for labor or materials furnished or alleged to have been furnished to it to attach to any portion of the Leased Space, the Airport, Tenant) shall have no authority’s leasehold interest, express or impliedthis Agreement in any way relating to any work performed by or at the direction of Tenant. Upon making payments to Subcontractors, Tenant must obtain from each Subcontractor a waiver of mechanics’ liens against any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement arising out of any Work done by the Subcontractor and each and every of the Subcontractor’s materialmen and workmen. If, nonetheless, any such mechanics’ lien is filed upon any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement, Tenant must indemnify, protect, defend and save harmless the City against any loss, liability or expense whatsoever by reason of the mechanic’s lien and must promptly and diligently proceed with or defend, at its own expense, the action or proceedings as may be necessary to create remove the lien. Tenant must deliver notice to the Commissioner of any such lien or place claim within 15 days after Tenant has knowledge of it. Tenant may permit the mechanics to remain undischarged and unsatisfied during the period of the contest and appeal; provided that, upon request by the Commissioner, Tenant must post a bond with the City equal to 150% of the amount of the lien. If the lien is stayed and the stay later expires or if by nonpayment of any lien or encumbrance any portion of any kind or nature whatsoever uponthe Leased Space, the Airport, Tenant’s leasehold interest, or in any manner this Agreement will be, or is claimed to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with yoube, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you loss or forfeiture, then Tenant must immediately pay 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 satisfied and discharged the lien. If Tenant fails to do so, the Commissioner may, in his or her sole discretion, draw on the bond and make such payment. If the Commissioner has not requested a bond, then the Commissioner may, in his or her sole discretion, make such payment out of legally available Airport funds and, in such event, the amount paid all sums legally due and shall immediately be payable by you on account of any labor performed Tenant as Additional Rent. Failure to post a bond when requested by the Commissioner or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 pay such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account Additional Rent shall be entitled to claim any lien against the interest an Event 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesDefault.

Appears in 1 contract

Sources: Lease and License Agreement

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or the Project or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or expense (including without limitation, reasonable attorneys’ fees) 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 Premises or under the terms of this Lease. You agree If a lien is attached to give Landlord immediate the Project or any part thereof and Tenant fails to remove such lien of record within ten (10) days after receiving written notice if of such lien, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same of record. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to Landlord within thirty (30) days after demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or encumbrance is placed on claim have such lien or claim released of record, by bonding or otherwise. Tenant’s failure to comply with the Premises. Notwithstanding any provision provisions of this Lease relating the foregoing sentence shall be deemed an Event of Default entitling Landlord to improvements, additions, alterations, repairs or reconstruction exercise all of or to its remedies therefor without the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing requirement of any labor additional notice 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxescure period.

Appears in 1 contract

Sources: Industrial Building Lease (Scynexis Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authoritypromptly pay any contractors and materialmen who supply labor, express work or implied, materials to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in Tenant at the Premises or the Property so as to charge minimize the rentals payable hereunder 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, laborer'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 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 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 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, reasonable attorneys' fees incurred by Landlord in connection therewith, together with Interest 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 person dealing with youwork or labor to be done or any materials to be supplied for the account of Landlord, including those who may furnish materials or perform labor all of the same to be solely for any construction or repairs Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed as a in any way to constitute the consent on or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the Landlord performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to subject include any lien, encumbrance or charge levied or imposed upon the estate of Premises or the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold Property or any interest granted to you by this instrument. You covenant and agree that you will pay therein or cause to be paid all sums legally due and payable by you income therefrom on account of any labor performed mechanic's, laborer's or materials furnished in connection with any work performed on the Premises on which any materialman's lien is or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims any debt or liens against the leasehold estate liability to or against the right, title and interest of the Landlord in the Premises any claim or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing demand of any labor contractor, mechanic, supplier, materialman or laborer due to work done for or materials supplied to the Premises that would or may result in Tenant (other than Landlord's Work) and shall include without limitation any mechanic’s 's notice of intention given to Landlord or materialman’s lien attaching Tenant, any stop order given to Landlord’s interest in the Premises; (ii) you are not the agent Landlord or Tenant, any notice of refusal to pay naming Landlord for the purposes of or Tenant and any such improvements, additions, alterations, repairs injunctive or 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 payment to or for the benefit of equitable action brought by any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesmechanic's lien.

Appears in 1 contract

Sources: Office Space Lease (Broadview Networks Holdings Inc)

Mechanic’s Liens. You (Tenant shall not suffer or give cause for the Tenant) shall have no authority, express filing of any mechanic’s lien or implied, to create or place any other lien or encumbrance against the Leased Premises. In the event any mechanic’s lien or other lien or encumbrance is filed against the Leased Premises or any part thereof for work claimed to have been done for, or material claimed to have been furnished to, the Tenant, Tenant shall cause such mechanic’s lien or other lien or encumbrance to be discharged of record within thirty (30) days after filing by bonding or as provided or required by law or in any kind other lawful manner or nature whatsoever uponshall provide evidence that the lien or encumbrance is being contested by proceedings adequate to prevent foreclosure of the lien or encumbrance, together with satisfactory indemnity (in an amount not less than one hundred fifty percent (150%) of the claimed lien or encumbrance) to Landlord within thirty (30) days after the filing thereof. Tenant shall indemnify, defend and hold harmless Landlord from all claims, judgments, liabilities, losses, costs, and expenses incurred by Landlord as a result of, or in connection with, any manner such mechanic’s lien or other lien or encumbrance. All liens suffered or caused by Tenant shall attach to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained Tenant’s interest only. Nothing in this Lease shall be deemed or construed as a to constitute 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at allor request of, only any party for the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account performance of any labor performed work for, or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor materials to, Tenant, nor as giving Tenant the right or authority to contract for, authorize, or permit the performance of any work or the furnishing of any materials to the Premises that would or may result in any permit the attaching of a mechanic’s lien or materialman’s other lien attaching to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesencumbrance.

Appears in 1 contract

Sources: Lease (Aqua Power Systems Inc.)

Mechanic’s Liens. You (the Tenant) Lessee shall have no authoritynot permit any mechanic’s, express materialman’s, contractor’s, subcontractor’s or impliedother lien arising from any work or improvement, for any labor done, services performed, or materials, appliances, transportation, or power used or furnished, however it may arise, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in stand against the Premises or to charge the rentals payable hereunder for any claim in favor of improvement thereon. If any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay be filed or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted arise against its leasehold interest in the Premises or improvements, Lessee shall cause the improvements thereon same to be discharged within forty-five (45) days after such filing, by payment, deposit, or bond and that you will shall save and hold Landlord Lessor and the Premises free and harmless from any and all losssuch claims, cost liens, or expense based suits. If an action to foreclose such lien has been filed before Lessee discharges in full such lien, and a lis pendens or, similar encumbrance 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 Premises or under has been recorded in connection with such action, Lessee shall, at the terms time it discharges such lien, take all measures necessary to procure the removal of this Lease. You agree to give Landlord immediate written notice if any lien or such encumbrance is placed on from the record title of the Premises. Notwithstanding If Lessee shall fail to discharge any provision of this Lease relating such lien, Lessor may, but shall not be obligated to, discharge the same and any amount so paid or deposited by Lessor and any expenses so incurred by Lessor, including reasonable attorneys’ fees, shall become immediately due and payable by the Lessee to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any Lessor together with interest as provided hereunder. No mechanic’s or materialman’s lien attaching liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Lessee shall in any way or to Landlordany extent affect the interests or rights of Lessor in the improvements on the Premises or attach to or affect Lessor’s interest title to or rights in the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Mechanic’s Liens. You (the Tenant) shall have no authority, express If Tenant makes any alterations or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord improvements in the Premises Demised Premises, Tenant must pay for same when made. Nothing in the Lease shall be construed to authorize Tenant or to charge the rentals payable hereunder for any claim in favor of any person dealing with youor under Tenant, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on to charge the part rents of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of FloridaDemised Premises, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all lossproperty of which the Demised Premises forms a part, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 estate of the Demised Premises or the Building, or any person under or through whom Landlord has acquired its interest in the estate of the Demised Premises, with a mechanic's lien or encumbrance of any kind, and such entities under no circumstances shall look solely Tenant be construed to you and your leasehold interest under this Lease for be the satisfaction agent, employee or representative of Landlord in the making of any such claimsalterations or improvements to the Demised Premises, but, to the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Demised Premises or said land is denied. You Landlord shall have the right, but not the obligation, to notify any person or entity supplying labor or materials for Tenant to the Demised Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Demised Premises is not subject to impression of a lien with respect thereto. If Tenant does authorized construction and a mechanic's or materialmen's lien is filed, the Tenant's only obligation shall be liable for all taxes levied to remove the lien or assessed against personal propertypost a bond in accordance with North Carolina statutes. In the event of the filing of a notice of any mechanic's or materialmen's lien, furniture or fixtures placed by you in Tenant will promptly pay same and take steps immediately to have the Premisessame removed. If any such taxes for which you are liable are levied the same is not removed or assessed against bonded off within twenty (20) days from the date of written notice from Landlord, Landlord or shall have the right at Landlord’s property and if Landlord elects to pay 's option of paying the same or if any portion thereof and the assessed value amounts so paid, including attorneys' fees and expenses associated therewith and interest at the Default Rate on any sums and expenses paid or advanced from the date of Landlord’s property is increased expenditure until the date of reimbursement by inclusion of personal propertyTenant, furniture or fixtures placed by you in the Premises, and Landlord elects shall be deemed to pay the taxes based on such increase, you shall pay be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon demand that part rendition to Tenant of such taxesa ▇▇▇▇ for same. Tenant shall indemnify and save harmless Landlord from and against all losses, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvements, made by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Tangram Enterprise Solutions Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authoritypromptly pay any contractors and materialmen who supply labor, express work or implied, materials to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in Tenant at the Premises or the Property so as to charge minimize the rentals payable hereunder 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, laborer'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 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 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 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, reasonable attorney's fees incurred by Landlord in connection therewith, together with Interest 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 person dealing with youwork or labor to be done or any materials to be supplied for the account of Landlord, including those who may furnish materials or perform labor all of the same to be solely for any construction or repairs Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed as a in any way to constitute the consent on or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises or the Building or the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the Landlord performance of any work or services or the furnishing of any materials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to subject include any lien, encumbrance or charge levied or imposed upon the estate of Premises or the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold Property or any interest granted to you by this instrument. You covenant and agree that you will pay therein or cause to be paid all sums legally due and payable by you income therefrom on account of any labor performed mechanic's, laborer's or materials furnished in connection with any work performed on the Premises on which any materialman's lien is or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims any debt or liens against the leasehold estate liability to or against the right, title and interest of the Landlord in the Premises any claim or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing demand of any labor contractor, mechanic, supplier, materialman or laborer due to work done for or materials supplied to the Premises that would or may result in Tenant (other than Landlord's Work)and shall include without limitation any mechanic’s 's notice of intention given to Landlord or materialman’s lien attaching Tenant, any stop order given to Landlord’s interest in the Premises; (ii) you are not the agent Landlord or Tenant, any notice of refusal to pay naming Landlord for the purposes of or Tenant and any such improvements, additions, alterations, repairs injunctive or 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 payment to or for the benefit of equitable action brought by any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesmechanic's lien.

Appears in 1 contract

Sources: Office Space Lease (Broadview Networks Holdings Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work ---------------- done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord's interest in the Premises, Building or Building Complex and payable by you Tenant will keep the Premises, Building and Building Complex free and clear of all mechanic's liens and other liens on account of any labor performed work done for or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed on the Premises on which for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any lien is mechanic's liens be filed or can be validly and legally asserted recorded against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you Building or Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any Action affecting the title thereto be commenced, Tenant shall cause such liens to be released of re-cord within ten (10) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction if provided by applicable law or statute of the state where the Premises are located. If Tenant shall be in default in paying any charge for which such a mechanic's lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs associated there-with, and the Landlord each agree amount so paid, together with interest at the Interest Rate and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials reasonable attorneys' fees incurred in connection therewith. 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 immediately due 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, and Landlord elects to pay the taxes based on such increase, you shall pay payable from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Office Building Lease (Colorado Business Bankshares Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for ---------------- work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Premises of a character which will or may result in liens against Landlord's interest in the Premises, Building or Building Complex and payable by you Tenant will keep the Premises, Building and Building Complex free and clear of all mechanic's liens and other liens on account of any labor performed work done for or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed on the Premises on which for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any lien is such liens be filed or can be validly and legally asserted recorded against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you Building or Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced, Tenant shall cause such liens to be released of record within twenty (20) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security within said five (5) day period with a court of competent jurisdiction as may be provided by Colorado's mechanic lien statutes. If Tenant shall be in default in paying any charge for which such a mechanic's lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs associated therewith, and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 improvementsamount so paid, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials together with reasonable attorneys' fees incurred in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay immediately due from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Office Building Lease (Webb Interactive Services Inc)

Mechanic’s Liens. You (Section 17.01. If, subject to and notwithstanding Landlord's consent as required under this Lease, Tenant shall cause any changes, alterations, additions, improvements, installations or repairs to be made to or at the Demised Premises or shall cause any labor to be performed or material to be furnished in connection therewith, neither Landlord nor the Demised Premises, under any circumstances, shall be liable for the payment of any expense incurred or for the value of any work done or material furnished, and all such changes, alterations, additions, improvements, installations and repairs and labor and material shall be made, furnished and performed upon Tenant) 's credit alone and at Tenant's expense, and Tenant shall have no authoritybe solely and wholly responsible to contractors, laborers, and materialmen furnishing and performing such labor and material. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to create any contractor, laborer or place materialman to furnish to perform any lien such labor or encumbrance material. Section 17.02. If, because of any kind act or nature whatsoever uponomission of Tenant any mechanic's or other lien, charge or in any manner to bind order for the interests payment of Landlord in money shall be filed against the Demised Premises or the Building or Landlord's estate as tenant under any ground or underlying lease (whether or not such lien, charge or order is valid or enforceable as such), for work claimed to charge the rentals payable hereunder for any claim in favor of any person dealing with youhave been for, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is to, Tenant, Tenant, at Tenant's expense, shall cause it to be cancelled or can be validly discharged of record by bonding or otherwise within twenty (20) days after notice of such filing, and legally asserted Tenant shall indemnify Landlord against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesall reasonable costs, expenses, losses, fines and penalties, including, without limitation, reasonable attorneys' fees resulting therefrom.

Appears in 1 contract

Sources: Lease (Constellation 3d Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable costs for work done by you or on account behalf of any labor performed Tenant or materials furnished in connection with any work performed caused to be done by or on behalf of Tenant on the Premises on of a character which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to liens against Landlord’s interest in the Premises; (ii) you are not , Buildings or Building Complex and Tenant will keep the agent Premises, Buildings and Building Complex 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. Tenant hereby agrees to indemnify, defend and save Landlord for the purposes harmless of and from all liability, loss, damages, costs or expenses, including attorneys’ fees, incurred in connection with any claims of any nature whatsoever for work authorized by Tenant and performed for, or materials or supplies furnished to, Tenant, including lien claims of laborers, materialmen or others. Should any such improvementsliens be filed or recorded against the Premises, additionsBuildings or Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced, alterationsTenant shall cause such liens to be released of record within five (5) days after notice thereof. If Tenant desires to contest any such claim of lien, repairs Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security within said five (5) day period with a court of competent jurisdiction as may be provided by Colorado’s mechanic lien statutes. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or reconstruction; suit to foreclose such a lien has been recorded or filed and (iii) except shall not have caused the lien to be released as expressly provided hereinaforesaid, Landlord has retained no control over the manner in which may (but without being required to do so) pay such lien or claim and any such improvements, additions, alterations, repairs or reconstruction are accomplishedcosts associated therewith, and has made no agreement the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to make Landlord as Additional Rent. Nothing in this section 9. is intended to, nor shall be construed to, create any obligation or be responsible for any payment liability on the part of Tenant with respect to work performed, or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing furnished, which was authorized by Landlord whether such work is performed or the 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 supplied in the Premises, and Landlord elects to pay in the taxes based Building, or on the Building Complex, unless such increasework, you shall pay to Landlord upon demand that part of such taxeslabor provided or materials supplied was expressly authorized by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Zynex Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind bind, the interests interest of Landlord in the Premises premises, or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Floridarepairs, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you Tenant by this instrument. You covenant Tenant covenants and agree agrees that you it will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises premises or under the terms of this Leaselease. You agree to give Landlord immediate written notice if Tenant will not permit any mechanics' lien or encumbrance is liens to be placed on upon the Premises. Notwithstanding premises or any provision building or improvement thereon during the term hereof, and in case of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 filing of any such improvements, additions, alterations, repairs or reconstruction; lien Tenant will promptly pay same. If any such lien shall remain in force and effect for twenty (iii20) except as expressly provided hereindays after written notice thereof from Landlord to Tenant, Landlord has retained no control over shall have the manner in which right and privilege at Landlord's option of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and applicable late charge, shall be so additional rent hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of ▇▇▇▇ therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such improvementslien in good faith and with all due diligence so long as any such contest, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials action taken in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against , protects the interest of Landlord and Landlord's mortgagee in the Premises premises and such entities shall look solely to you Landlord and your leasehold interest under this Lease for the satisfaction of any such claims. You shall be liable for all taxes levied mortgagee are, by the expiration of said twenty (20) days period, furnished proof of such protection, and indemnification by Tenant against any loss, cost or assessed against personal property, furniture or fixtures placed by you in the Premises. If expense related to any such taxes for which you are liable are levied or assessed against Landlord or Landlord’s property lien and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal propertycontest thereof, furniture or fixtures placed by you in the Premises, and Landlord elects to pay the taxes based on such increase, you shall pay satisfactory to Landlord upon demand that part of and any such taxesmortgagee.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate Tenant shall not permit any mechanic's liens to ---------------- be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Building for any work performed, materials furnished, or obligation incurred by or at the request of Tenant. If such a lien is filed, then Tenant shall, within ten business days after Landlord harmless from has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Building or any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and 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 in a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the Premises or under the terms of this Lease. You agree lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) within ten days after Landlord has not consented nor will Landlord ever consent to invoiced Tenant therefor. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor labor, services, materials, supplies or materials equipment with respect 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 portion of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and 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 elects to pay any liens being placed upon the taxes based on such increase, you shall pay Building or Landlord's interest therein due to Landlord upon demand that part of such taxesany work performed by or for Tenant.

Appears in 1 contract

Sources: Lease Agreement (Tenfold Corp /Ut)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and (b) for all materials furnished 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 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 each agree of at least 150% of the amount of the claim, plus estimated costs and confirm that: (i) Landlord interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics’ lien has been filed, and has not consented nor 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 ever as Additional Rent. Nothing contained in this Lease will be deemed the consent to the furnishing or agreement of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to Landlord subject Landlord’s interest in the Premises; Project to liability under any mechanics’ or other lien law. If Tenant received notice that a lien has been or is about to be filed against the Premises or the Project or 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. At least fifteen (ii15) you are not days prior to the agent of Landlord for the purposes commencement of any such improvementswork (including but not limited to, any material maintenance, repairs, alterations, additions, alterationsimprovements or installations) in or to the premises, repairs by or reconstruction; for Tenant, Tenant will give Landlord written notice of the proposed work and (iii) except as expressly provided herein, the names and addresses of the persons supplying labor and materials for the proposed work. Landlord has retained no control over will have the manner right to post notices of non-responsibility or similar notices on the Premises in which order to protect the Premises against any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 1 contract

Sources: Office Lease (Go Daddy Group, Inc.)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind bind, the interests 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 youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree Tenant agrees to give Landlord immediate prompt written notice if of the placing of any lien or encumbrance is placed on against the Premises. Notwithstanding anything to the contrary set forth in this Lease, in the event that such lien is not released and removed within thirty (30) days after the date notice of such lien is delivered by Landlord to Tenant, Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, without any provision of duty to investigate the validity thereof, and all sums, costs and expenses, including reasonable attorneys' fees and costs, incurred by Landlord in connection with such lien shall be deemed additional rent -under this Lease and shall immediately be due and payable by Tenant. Notwithstanding the foregoing, if any mechanics' or materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Premises or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to improvementssuch M&M Lien Tenant shall have the right to contest the assertion, additions, alterations, repairs placement or reconstruction attachment of or to the Premises, you and the Landlord each agree and confirm that: such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after such lien has been filed) Tenant at its sole expense provides to Landlord has not consented nor will Landlord ever consent to a bond indemnifying against such M&M Lien that complies with applicable laws and removes the furnishing of any labor 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; M&M Lien, and (ii) you are not Tenant contests such M&M Lien diligently and in good faith; provided, however, the agent foregoing right of Landlord for the purposes of Tenant to contest any such improvements, additions, alterations, repairs M&M Lien shall not impair or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any otherwise affect Tenant's indemnification obligations with respect to such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 PremisesM&M Lien. If any such taxes for which you are liable are levied or assessed lien is asserted against the Premises due to acts of Landlord or Landlord’s property and if Landlord elects its agents or contractors, Tenant shall not be obligated to pay remove such lien (it being agreed that 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part removal of such taxeslien shall be Landlord's obligation).

Appears in 1 contract

Sources: Lease Agreement (D & K Healthcare Resources Inc)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, ; express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind bind, the interests 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 youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed by or on behalf of Tenant on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this LeaseLease arising from such work. You agree Tenant agrees to give Landlord immediate prompt written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 mechanics' or materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such taxes for which you are liable are levied M&M Lien Tenant shall have the right to contest the assertion, placement or assessed attachment of Such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after such lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant's indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or Landlord’s property and if Landlord elects its agents or contractors, Tenant shall not be obligated to pay remove such lien (it being agreed that 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part removal of such taxeslien shall be Landlord's obligation).

Appears in 1 contract

Sources: Lease Agreement (Ameritrade Holding Corp)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work done 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 Term) of a character which will or may result in liens on Landlord’s interest therein and payable by you Tenant will keep the Premises free and clear of all mechanics’ liens, and other liens on account of work 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, on account of any labor claims of any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished in connection with to Tenant or persons claiming under Tenant. If Tenant receives any work performed on notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the Premises on which claim. If any lien is liens are filed or can be validly and legally asserted recorded against its leasehold interest in the Premises or any action affecting the improvements thereon and that you will save and hold title thereto be commenced as a result of such work (which term includes the supplying of materials), Tenant shall cause such liens to be removed of record within five (5) days after the filing or recording of such liens. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord harmless from any and all lossadequate security of at least one hundred fifty percent (150%) of the amount of the claim, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title plus estimated costs and interest or, at Tenant’s option, file a bond with the appropriate court and obtain a release of the Landlord in lien pursuant to Section ▇▇-▇▇-▇▇▇, C.R.S. If a final judgment establishing the Premises validity or under the terms existence of this Lease. You agree to give Landlord immediate written notice if any lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic’s lien or encumbrance is placed on suit to foreclose the Premises. Notwithstanding lien has been recorded or filed and shall not have given Landlord security, Landlord may (but without being required to do so) pay such lien or claim and any provision of this Lease relating to improvementscosts, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanicamount so paid, together with reasonable attorney’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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials fees incurred in connection therewith. No one furnishing labor or materials to or for your account , shall be entitled immediately due from Tenant 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Office Building Lease (Sirenza Microdevices Inc)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or the Project or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. 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. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed against the Premises and cause such lien or encumbrance to be discharged within thirty (30) days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30) day period. If Tenant fails, within thirty (30) days after the date of the filing of the lien, to discharge such lien, Landlord may, but shall not be required or expected to, remove such lien in such manner as Landlord may, in its sole discretion, determine, and the full cost thereof, together with all Landlord’s fees and costs, including attorneys’ fees, shall be due and payable by Tenant to Landlord immediately upon Tenant’s receipt of Landlord’s invoice therefor. Tenant acknowledges that Landlord may post notice on the Premises. Notwithstanding any provision Premises of this Lease relating to improvementsnon-responsibility for such liens and, additionsin such event, alterationsTenant shall so advise all contractors, repairs materialmen, suppliers and other persons performing work or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials providing services and/or supplies 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 on behalf of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesTenant.

Appears in 1 contract

Sources: Agreement of Purchase and Sale (Sears Hometown & Outlet Stores, Inc.)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, The Tenant agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs for work done by it or caused to be done by it on the Premises, and payable by you Tenant will keep the Premises free and clear of all mechanics’ liens and other liens on account of any labor work done (including preconstruction planning), materials supplied, equipment use supplied, or other items which may give rise to similar liens, for the Tenant or persons claiming under it. The 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 lien of contractors, service providers, laborers, or materialmen or equipment suppliers, or others for work performed or materials or supplies or equipment furnished for the Tenant or persons claiming under it. If the Tenant shall desire to contest any claim of liens it shall furnish the Landlord adequate security of one and one-half times the amount of the claims plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment arbitration award or other determination 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 or subject to a claim of default in paying any charge for which such a lien claim and suit or other proceeding to foreclose the lien have been filed, and shall not have given the Landlord security to protect the Property and the Landlord against such claim of liens, the Landlord may (but shall not be required to) pay the claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with it shall be immediately due and owing from the Tenant to the Landlord, and the Tenant shall pay the same to Landlord on demand with interest at the rate set forth in the Summary from the dates of the Landlord’s payments. Should any work performed on claims of lien be filed against the Premises on or Property or any action or proceeding affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice of it. The Landlord or its representatives shall have the right to go upon and inspect the Premises or Property at all reasonable times and shall have the right to post and keep posted at the Premises or Property, and to provide any person with, a notice of nonresponsibility or such other notices which any lien is or can the Landlord may deem to be validly and legally asserted against its leasehold proper for the protection of the Landlord’s interest in the Premises or Property. The Tenant shall, before the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing commencement of any labor or materials to the Premises that would or may work which might result in any mechanic’s or materialman’s lien attaching such lien, give to Landlord’s interest the Landlord written notice of its intention to do so in sufficient time to enable the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part posting of such taxesnotices, but not fewer than five days before such commencement.

Appears in 1 contract

Sources: Commercial Lease Agreement

Mechanic’s Liens. You (No work performed by Tenant pursuant to this Contract, whether in the Tenant) nature of erection, construction, alteration or repair, shall have no authority, express or implied, be deemed to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind be for the interests immediate use and benefit of Landlord in the Premises so that no mechanic's or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease other lien shall be construed as a consent on the part of allowed against the Landlord to subject or the estate of the Landlord by reason of any consent given by Landlord to liability under Tenant to improve the Construction Lien Law of the State of Florida, it being expressly understood Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant's improvements assuring Landlord that the Landlord’s estate shall not no mechanic's liens will be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold Landlord or Landlord's interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out Property of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in which the Premises or under the terms of this Leaseare a part. You agree to give Landlord immediate written notice if any lien or encumbrance is placed Tenant shall pay on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person time all persons furnishing labor or materials in connection therewithwith respect to any work performed by Tenant or its contractors on or about the Premise. No one furnishing labor If any mechanic's or other liens shall at any time be filed against the Landlord or Premises or the Property of which the Premises are a part by reason of work, labor, services, or materials performed or furnished, or alleged to have been performed or for your account shall be entitled furnished, to claim any lien against the interest of Landlord in Tenant or to anyone holding the Premises and such entities through or under Tenant, Tenant shall look solely cause the same to you and your leasehold interest under this Lease for be discharged of record to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be so discharged within thirty (30) days after the filing of such lien, then, in addition to any other right or remedy of Landlord, Landlord may (but shall not be obligated to) discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including reasonable attorneys' fees incurred by Landlord either in defending against such claims. You lien or in procuring the discharge of such lien, together with interest thereon at the Default Rate, shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed due and payable by you in the Premises. If any such taxes for which you are liable are levied or assessed against Landlord or Tenant to 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Concession Agreement

Mechanic’s Liens. You a. If a notice of a mechanic’s or other lien be filed against the demised premises, the leasehold interest therein or the land thereat for labor or material alleged to have been furnished at the demised premises or the building to or for Tenant or to or for someone claiming under Tenant, then Tenant shall, at its sole cost and expense, cause such lien to be canceled and discharged of record within thirty (30) days after the Tenant) filing thereof. To the fullest extent permitted by law, Tenant shall have no authoritydefend, express indemnify and hold harmless Owner from and against any and all claims, suits, proceedings, obligations, liabilities, damages, losses, penalties, fines, costs and expenses, including reasonable counsel fees, resulting from, by reason thereof or implied, to create or place any in connection with said lien or encumbrance the failure of Tenant to comply with the provisions of this paragraph. If Tenant shall fail to cause such lien to be canceled and discharged within said thirty (30) days, then, in addition to any kind other rights and remedies of Owner, Owner may pay the amount of such lien or nature whatsoever upondischarge it by deposit or by bonding proceedings. Owner may require the lienor to prosecute an appropriate action to enforce the lienor’s claim and, or in such case, Owner may pay any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing judgment recovered on such claim. b. Nothing contained in this Lease shall be construed as a consent on authorize Tenant to do any act which shall in any way encumber the part demised premises or the interest of Owner therein; the Landlord to subject the estate interest of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate Owner herein shall not in no way be subject to liens for improvements made any claim by you and each such claim shall affect and each such way of lien shall attach toor encumbrance, if at all, only the leasehold interest granted to you whether claimed by this instrument. You covenant and agree that you will pay operation of law or cause to be paid all sums legally due and payable by you on account virtue of any labor performed expressed or materials furnished in connection with implied contract by the Tenant. Any claim to a lien upon the demised premises or any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless therein arising from any and all loss, cost act or expense based on or arising out omission of asserted claims or liens Tenant shall accrue only against the leasehold estate or against of Tenant and shall in all respects be subject to the right, paramount title and interest rights of the Landlord Owner in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or and to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesdemised premises.

Appears in 1 contract

Sources: Lease Agreement (Twinlab Consolidated Holdings, Inc.)

Mechanic’s Liens. You (Nothing in this lease shall be deemed or construed in any way as constituting the Tenant) shall have no authorityconsent or request of Lessor, express or implied, to create any contractor, subcontractor, laborer or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind material man for the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account performance of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor materials for any specific improvements, alteration to or repair of the Demised Premises or any part thereof, nor as giving Lessee any right, power or authority to contract for or permit the rendering of any service or the Furnishing of any materials that would give rise to the Premises filing of any lien against the Building or any part thereon. Lessee agrees to ensure that would or may result in any no mechanic’s or materialman’s lien attaching will be filed against the Demised Premises or the Building, or any part thereof, for any work claimed to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord have been done or for the purposes of any material claimed to have been furnished to Lessee, and, if any such improvementsliens, additionsare filed against the Demised Premises or the Building, alterationsor any part thereof, repairs lessee will discharge same within five (5) days thereafter. If lessee shall fail to cause such lien, encumbrance or reconstruction; charge to be discharged within a five (5) day period, Lessor may, but shall not e obligated to, discharge the lien, either by paying the amount claimed to be due or by pursuing the discharge of the lien through udicia1 proceedings. Lessee agrees to pay Lessor, upon demand, as additional Rental, the sum paid by Lessor to discharge the mechanics or materialman’s liens, together with court costs and (iii) except as expressly provided hereineasonab1e attorney’s fees. At the request of Lessor, Landlord has retained no control over Lessee agrees to secure payment bond satisfactory to Lessor, securing the manner in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, payment of all amounts due to mechanics and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials materialmen in connection therewith. No one furnishing labor with any work claimed to have been done or materials material claimed to have been furnished to Lessee in connection with alterations or for your account shall be entitled repairs to claim any lien against the interest of Landlord in Demised Premises or to 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesBuilding.

Appears in 1 contract

Sources: Lease Agreement (Vemics, Inc.)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs 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 nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 cause such entities shall look solely lien or encumbrance to you be discharged within [***] ([***]) days of Tenant’s awareness thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and your leasehold interest under this Lease Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such [***] ([***]) day period. Without limiting any other rights or remedies of Landlord, if Tenant fails for any reason to cause a lien or encumbrance to be discharged within [***] ([***]) days of the satisfaction filing or recording thereof, then Landlord may take such action(s) as is reasonably necessary to cause the discharge 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 (including, without limitation, by paying any amount demanded by the party who has filed or if recorded such lien or encumbrance, regardless of whether the assessed value of Landlord’s property same is increased by inclusion of personal property, furniture or fixtures placed by you in the Premisesdispute), and Landlord elects to pay the taxes based on such increase, you shall pay to be reimbursed by Tenant for all costs and expenses incurred by Landlord upon in connection therewith within [***] ([***]) business days following written demand that part of such taxestherefor.

Appears in 1 contract

Sources: Lease Agreement (Sana Biotechnology, Inc.)

Mechanic’s Liens. You (a) Tenant agrees not to perform or cause to be performed any work on the Tenant) Leased Premises or 488 MAIN without first obtaining mechanics lien waivers from any and all contractors, subcontractors, suppliers, materialmen or other person or entities providing materials or services to the Property. Tenant shall have no authority, express or implied, provide Landlord with copies of all mechanics lien waivers prior to create or place any lien or encumbrance the commencement of any kind such work. (b) Tenant agrees to pay when due or nature whatsoever uponto bond out all sums of money that may become due for any labor, services, materials, supplies or equipment alleged to have been furnished to or for Tenant in, upon or about the Leased Premises or any other part of 488 MAIN, excepting, however, when the mechanic's lien is filed by a contractor, subcontractor, materialman or laborer of Landlord. Except as aforesaid, if any mechanic's lien is filed against the Leased Premises, Building or 488 MAIN, for work claimed to have been done for, or materials furnished to Tenant, the same shall be discharged or bonded by Tenant within sixty (60) days thereafter. (c) If Tenant shall fail to vacate or release such lien in the manner and within the time period aforesaid, then, in addition to any manner to bind the interests other right or remedy of Landlord resulting from Tenant's said default, Landlord may, but shall not be obligated to, vacate or release the same either by paying the amount claimed to be due or by procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, within ten days of demand, all sums reasonably disbursed or deposited by Landlord pursuant to the Premises or to charge the rentals payable hereunder for any claim in favor foregoing provisions of any person dealing with youthis Paragraph 16, including those who may furnish materials Landlord's cost and expenses and reasonable attorney's fees incurred in connection therewith. Nothing contained herein shall imply any consent or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent agreement on the part of the Landlord or any mortgagee to subject the estate of the Landlord their respective estates or interest to liability under any mechanic's or other lien law, whether or not the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay performance or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor such work, labor, services or materials to Tenant or anyone occupying the Premises that would Leased Premises, or may result in any mechanic’s part thereof, through or materialman’s lien attaching under Tenant, shall have been consented to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part any of such taxesparties.

Appears in 1 contract

Sources: Lease Agreement (Electronic Retailing Systems International Inc)

Mechanic’s Liens. You (Tenant must not permit any mechanics’ lien for labor or materials furnished or alleged to have been furnished to it to attach to any portion of the Leased Space, the Airport, Tenant) shall have no authority’s leasehold interest, express or impliedthis Agreement in any way relating to any work performed by or at the direction of Tenant. Upon making payments to Subcontractors, Tenant must obtain from each Subcontractor a waiver of mechanics’ liens against any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement arising out of any Work done by the Subcontractor and each and every of the Subcontractor’s materialmen and workmen. If, nonetheless, any such mechanics’ lien is filed upon any portion of the Leased Space, the Airport, Tenant’s leasehold interest, or this Agreement, Tenant must indemnify, protect, defend and save harmless the City against any loss, liability or expense whatsoever by reason of the mechanic’s lien and must promptly and diligently proceed with or defend, at its own expense, the action or proceedings as may be necessary to create remove the lien. Tenant must deliver notice to the Commissioner of any such lien or place claim within 15 days after Tenant has knowledge of it. Tenant may permit the mechanics to remain undischarged and unsatisfied during the period of the contest and appeal; provided that, upon request by the Commissioner, Tenant must post a bond with the City equal to 150% of the amount of the lien. If the lien is stayed and the stay later expires or if by nonpayment of any lien or encumbrance any portion of any kind or nature whatsoever uponthe Leased Space, the Airport, Tenant’s leasehold interest, or in any manner this Agreement will be, or is claimed to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with yoube, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you loss or forfeiture, then Tenant must immediately pay 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 satisfied and discharged the lien. If Tenant fails to do so, the Commissioner may, in the Commissioner’s sole discretion, draw on the bond and make such payment. If the Commissioner has not requested a bond, then the Commissioner may, in the Commissioner’s sole discretion, make such payment out of legally available Airport funds and, in such event, the amount paid all sums legally due and shall immediately be payable by you on account of any labor performed Tenant as Additional Rent. Failure to post a bond when requested by the Commissioner or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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 pay such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account Additional Rent shall be entitled to claim any lien against the interest an Event 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesDefault.

Appears in 1 contract

Sources: Concession Lease and License Agreement

Mechanic’s Liens. You (It is expressly acknowledged and understood that Lessor does not consent to, and has not by the Tenant) shall have no authorityexecution and delivery of this Lease consented to the imposition of any liens upon the Premises by any party whomsoever, express or implied, to create or place any excepting such subordinate mortgage lien or encumbrance liens as are expressly approved in writing by Lessor. Said approval shall be contingent upon the amendment of this Lease to add provisions regarding conditions of the imposition of any kind liens and obligations of any proposed mortgagee. Lessee covenants and agrees that Lessee shall not suffer or nature whatsoever upon, permit any mechanic's liens or in any manner other liens to bind be filed against the interests fee of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youportion thereof, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted nor against its Lessee's leasehold interest in the property nor any of the Improvements on the Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied to Lessee or to anyone holding the Premises or any part thereof through or under Lessee. In the improvements thereon case of the filing of any such lien, Lessee shall immediately thereupon discharge the same by payment, bonding or otherwise, but in all events prior to the foreclosure thereof. If default in payment thereof shall continue beyond the expiration of ten (10) days after Lessee's receipt of a notice thereof, Lessor shall have the right but not the obligation, at Lessor's option, to discharge such lien at Lessee's sole cost and that you will save expense, and hold Landlord harmless in such event, Lessee shall reimburse Lessor for such costs within ten (10) days of receipt of a statement of said costs from Lessor. In addition to the foregoing, Lessee shall furnish to Lessor within five (5) days of receipt by Lessee copies of any and all lossnotices and/or correspondence directed to Lessee by any person or entity alleging the right to, cost or expense based on notifying Lessee of the filing of any mechanic's, materialman's or arising out of asserted claims or liens other lien against the leasehold estate or against the right, title and interest fee of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding Lessee further covenants and agrees to protect, indemnify, defend and hold harmless Lessor from and against all bills and claims, liens and rights to liens for labor and materials and architect's, engineer's, contractor's and subcontractor's claims, and all fees, claims and expenses incident to the construction and completion of any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of including without limitation any labor or materials to the Premises that would or reasonable attorneys' fees which 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials incurred by Lessor in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxes.

Appears in 1 contract

Sources: Lease Agreement

Mechanic’s Liens. You 9.1 Prior to Tenant performing any construction or other work on or about the Leased Premises for which a lien could be filed against the Leased Premises or the Building, Tenant shall enter into a written “no-lien” agreement satisfactory to Landlord with the contractor who is to perform such work, and such written agreement shall be filed and recorded in accordance with the Mechanics’ Lien Law of Pennsylvania, prior to commencement of such work. Notwithstanding the foregoing, if any mechanics’ or lien shall be filed against the Leased Premises or the Building purporting to be for labor or material furnished or to be furnished at the request of Tenant, then Tenant shall at its expense cause such lien to be discharged by payment, bond or otherwise within thirty (30) days after notice thereof. As an alternative to causing the Tenant) lien to be discharged of record, Tenant shall have no authority, express or implied, the right to create or place contest the validity of any lien or encumbrance of any kind claim if Tenant shall first have posted a bond or nature whatsoever upon, or in any manner other security reasonably satisfactory to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed (such 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, it being expressly understood that undertaking the Landlord’s estate shall not be subject title company to liens for improvements made by you and each such claim shall affect and each insure that, upon final determination of the validity of such lien or claim, Tenant shall attach toimmediately pay any judgment rendered against Tenant). If Tenant shall fail to take such action within such thirty (30)-day period, if at allLandlord, only the leasehold interest granted after notice to you by this instrument. You covenant and agree that you will pay or Tenant, may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto and Tenant shall, upon demand, reimburse Landlord for all amounts paid all sums legally due and payable by you on account costs incurred including reasonable attorneys’ fees, in having such lien discharged of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save record. Tenant shall indemnify and hold Landlord harmless from and against any and all lossclaims, cost costs, damages, liabilities and expenses (including reasonable attorneys’ fees) which may be brought or expense based on imposed against or arising out incurred by Landlord by reason of asserted claims any such lien or liens against the leasehold estate or against the rightits discharge. 9.2 Landlord expressly represents and warrants, title and interest as of the Landlord in date of commencement of the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: : (i) Landlord has there are no hazardous substances, wastes, or other hazardous or toxic materials (“Hazardous Materials”) (including but not consented nor will Landlord ever consent limited to “hazardous substances” within the furnishing meaning of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to Landlord’s interest in federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., and corresponding provisions of applicable state law; “hazardous wastes” within the meaning of the federal Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq., and corresponding provisions of state law; petroleum and petroleum products; asbestos; and polychlorinated byphenols (“PCBs”) at the Leased Premises; (ii) you are there have not been any releases or threatened releases of Hazardous Materials at the agent Leased Premises; (iii) no claim or action has been made, taken or threatened, with respect to any actual or alleged presence, release, or threatened release of Landlord for Hazardous Materials at the purposes of any such improvements, additions, alterations, repairs or reconstructionLeased Premises; and (iiiiv) except as expressly provided hereinthe condition of the Leased Premises is in full compliance with all applicable laws, Landlord has retained no control over the manner in which any such improvementsregulations, additionsordinances, alterations, repairs or reconstruction are accomplishedadministrative orders, and has made no agreement other governmental requirements relating to make or be responsible for any payment to or for the benefit protection of any person furnishing labor or materials in connection therewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against human health and 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesenvironment.

Appears in 1 contract

Sources: Lease (Precision Therapeutics Inc)

Mechanic’s Liens. You (Tenant shall not suffer or give cause for the Tenant) shall have no authority, express filing of any mechanic’s lien or implied, to create or place any other lien or encumbrance against the Leased Premises. In the event any mechanic’s lien or other lien or encumbrance is filed against the Leased Premises or any part thereof for work claimed to have been done for, or material claimed to have been furnished to, the Tenant, Tenant shall cause such mechanic’s lien or other lien or encumbrance to be discharged of record within sixty (60) days after filing by bonding or as provided or required by law or in any kind other lawful manner or nature whatsoever uponshall provide evidence that the lien or encumbrance is being contested by proceedings adequate to prevent foreclosure of the lien or encumbrance, together with satisfactory indemnity (in an amount not less than one hundred fifty percent (150%) of the claimed lien or encumbrance) to Landlord within thirty (30) days after the filing thereof. Tenant shall indemnify, defend and hold harmless Landlord from all claims, judgments, liabilities, losses, costs, and expenses incurred by Landlord as a result of, or in connection with, any manner such mechanic’s lien or other lien or encumbrance. All liens suffered or caused by Tenant shall attach to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained Tenant’s interest only. Nothing in this Lease shall be deemed or construed as a to constitute 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at allor request of, only any party for the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account performance of any labor performed work for, or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor materials to, Tenant, nor as giving Tenant the right or authority to contract for, authorize, or permit the performance of any work or the furnishing of any materials to the Premises that would or may result in any permit the attaching of a mechanic’s lien or materialman’s other lien attaching to Landlord’s interest in the Premises; (ii) you are not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesencumbrance.

Appears in 1 contract

Sources: Lease (Dirtt Environmental Solutions LTD)

Mechanic’s Liens. You 6.3.1. Without limiting the generality of the foregoing provisions of this section, the Tenant shall not create or permit to be created, and if created shall discharge or have released, any mechanics’ or materialmens’ lien arising while this Lease is in effect and affecting any or all of the Premises, the Building and/or the Project, and the Tenant shall not permit any other matter or thing whereby the Landlord’s estate, right and interest in any or all of the Premises, the Building and/or the Project might be impaired. The Tenant shall defend, indemnify and hold harmless the Landlord against and from any and all liability, claim of liability or expense (including but not limited to that of reasonable attorneys’ fees) incurred by the Landlord on account of any such lien or claim created or permitted to be created by Tenant, its agents, contractors, servants, employees, licensees, concessionaires, suppliers, materialmen or invitees. 6.3.2. If the Tenant fails to discharge (whether by payment or posting a bond in lieu thereof having the effect of removing such lien) any such lien within fifteen (15) days after it first becomes effective against any of the Premises, the Building and/or the Project, then, in addition to any other right or remedy held by the Landlord on account thereof, the Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount of any judgment in favor of the lienor with interest, costs and allowances. The Tenant shall have no authorityreimburse the Landlord for any amount paid by the Landlord to discharge any such lien and all expenses incurred by the Landlord in connection therewith, together with interest thereon at the Default Rate from the respective dates of the Landlord’s making such payments or incurring such expenses (all of which shall constitute Additional Rent). 6.3.3. Nothing in this Lease shall be deemed in any way (a) to constitute the Landlord’s consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to create any or place all of the Premises, the Building and/or the Project, or (b) to give the Tenant any lien right, power or encumbrance authority to contract for or permit to be furnished any service or materials, if doing so would give rise to the filing of any kind mechanics’ or nature whatsoever uponmaterialmens’ lien against any or all of the Premises, the Building and/or the Project, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject or interest therein, or (c) to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only evidence the leasehold interest granted to you by this instrument. You covenant and agree Landlord’s consent that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent Building and/or the Project be subjected to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxeslien.

Appears in 1 contract

Sources: Sublease Agreement (Millennial Media Inc.)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs 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 nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to Tenant shall give Landlord immediate written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 cause such entities shall look solely lien or encumbrance to you be discharged within thirty (30) days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and your leasehold interest under this Lease Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such thirty (30)- day period. Without limiting any other rights or remedies of Landlord, if Tenant fails for any reason to cause a lien or encumbrance to be discharged within thirty (30) days of the satisfaction filing or recording thereof, then Landlord may take such action(s) as it deems necessary to cause the discharge 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 (including, without limitation, by paying any amount demanded by the party who has filed or if recorded such lien or encumbrance, regardless of whether the assessed value of Landlord’s property same is increased by inclusion of personal property, furniture or fixtures placed by you in the Premisesdispute), and Landlord elects to pay the taxes based on such increase, you shall pay to be reimbursed by Tenant for all costs and expenses incurred by Landlord upon in connection therewith within five (5) business days following written demand that part of such taxestherefor.

Appears in 1 contract

Sources: Lease Agreement (Bloom Energy Corp)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind bind, the interests 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 youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed by or on behalf of Tenant on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this LeaseLease arising from such work. You agree Tenant agrees to give Landlord immediate prompt written notice if of the placing of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 mechanics' or materialmen's lien ("M&M Lien") is ever asserted or placed against or attaches to the Project or any portion thereof as a result of any act or omission of Tenant or its agents, then in lieu of paying the claim relating to such taxes for which you are liable are levied M&M Lien Tenant shall have the right to contest the assertion, placement or assessed attachment of such M&M Lien so long as (i) prior to any such contest (and no later than thirty (30) days after such lien has been filed) Tenant at its sole expense provides to Landlord a bond indemnifying against such M&M Lien that complies with Chapter 53, Subchapter H of the Texas Property Code (as amended from time to time) or its successor law, and (ii) Tenant contests such M&M Lien diligently and in good faith; provided, however, the foregoing right of Tenant to contest any such M&M Lien shall not impair or otherwise affect Tenant's indemnification obligations with respect to such M&M Lien. If any lien is asserted against the Premises due to acts of Landlord or Landlord’s property and if Landlord elects its agents or contractors, Tenant shall not be obligated to pay remove such lien (it being agreed that 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part removal of such taxeslien shall be Landlord's obligation).

Appears in 1 contract

Sources: Lease Agreement (Ameritrade Holding Corp)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, to create create, permit or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind bind, the interests 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 you, including those who may furnish materials or perform labor for any construction or repairs Premises. Tenant acknowledges and nothing contained in this Lease shall be construed 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, it being expressly understood agrees that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with all Improvements or Alterations to the Premises, i) Tenant does not act as Landlord’s agent; ii) the Improvements or Alterations are done solely for the benefit of Tenant; and iii) the Improvements or Alterations do not “enrich” Landlord because they are specific to the needs of Tenant and therefore have little or no intrinsic value to Landlord. Other than for any work performed and all loss, cost or expense based on or arising out of Landlord’s initial construction of the Building and in connection with the Landlord Work on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you Premises. Tenant will save and hold Landlord harmless from any and all loss, cost or expense expense, including without limitation attorneys’ fees, 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 Premises or under the terms of this Lease. You agree Subsequent to give the completion of the Landlord immediate written notice if Work in the Premises, Tenant shall not permit any mechanic’s liens to be filed against the Premises or ASPEN GROWTH PROPERTIES – NET LEASE the Building for any work performed, materials furnished or obligation incurred by or at the request of Tenant. If any such a lien or encumbrance is placed on filed, then Tenant shall, within fifteen (15) days after Landlord has delivered notice of the Premisesfiling to Tenant, either pay the amount of the lien or diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. Notwithstanding any provision of this Lease relating If Tenant fails to improvementstimely take either such action, additions, alterations, repairs or reconstruction of or then Landlord may pay the lien claim without inquiry as to the Premisesvalidity thereof, you and the any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord each agree and confirm that: (i) within ten days after Landlord has not consented nor will Landlord ever consent delivered to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxesTenant an invoice therefore.

Appears in 1 contract

Sources: Lease Agreement (ShoreTel Inc)

Mechanic’s Liens. You (The Tenant will not permit, during the Tenant) shall have no authorityterm hereby granted, express any mechanic's or implied, to create or place any other lien or encumbrance order for payment of any kind or nature whatsoever uponwork, labor, services, or in any manner to bind the interests of Landlord in the Premises materials furnished or to charge be furnished to attach to or affect the rentals payable hereunder for premises or any claim portion thereof, and agrees that it will not cause or permit any such lien or order to attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant's obligation to keep the premises in favor of any person dealing with yourepair, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease its right to make alterations therein, if any, shall not be construed as a the consent on the part of the Landlord to subject the estate furnishing of any such work, labor or materials within the Landlord to liability under the Construction Lien Law meaning of the State of Florida, it being expressly understood any present or future lien law. Notice is hereby given that the Landlord’s estate shall not Tenant has no power, authority or right to do any act or to make any contract which may create, or be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach tothe foundation for, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is upon the fee or can be validly and legally asserted against its leasehold interest in the Premises or the 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 asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises premises or under upon the terms land or buildings of this Leasewhich they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within ninety (90) days after the Tenant has notice thereof, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. You agree If the Tenant shall fail to give take such action, or shall not cause such lien or order to be discharged within ninety (90) days after the filing thereof, the Landlord immediate written notice if may pay the amount of such lien or discharge the same by deposit or by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the expenses incurred by the Landlord, including all attorneys' fees and disbursements incurred in any defense of any such action, bonding or other proceeding, shall be deemed additional rent. Any reasonable expenses incurred by Landlord in connection with the examination of title to the premises in order to ascertain the existence of any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing discharge of any labor 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 improvementsrecord thereof, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 payable 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, and Landlord elects to pay the taxes based on such increase, you shall pay Tenant to Landlord upon demand that part of such taxeson demand, together with interest as aforesaid, as additional rent.

Appears in 1 contract

Sources: Lease (Sma Real Time Inc)

Mechanic’s Liens. You Tenant shall (a) pay before delinquency all costs and expenses of work done or caused to be done by Tenant in the TenantDemised Premises; (b) shall have no authoritykeep the title to the Building, express or implied, to create or place Land and every part thereof free and clear of any lien or encumbrance in respect of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs such work; and nothing contained in this Lease shall be construed 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, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save (c) indemnify and hold harmless Landlord harmless from against any and all claim, loss, cost cost, demand (including reasonable legal fees), whether in respect of liens or expense based on or otherwise, arising out of asserted claims the supply of material, services or liens against labor for such work. Tenant shall immediately notify Landlord of any lien, claim of lien or other action of which Tenant has knowledge and which affects the leasehold estate title to the Building, Land or against the right, title and interest of the Landlord in the Premises or under the terms of this Leaseany part thereof. You agree to give Landlord immediate written notice if Tenant shall not permit any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing claim for lien of any mechanic, labor or materials supplier or any other lien to be filed against the Building, or the Demised 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 part thereof, arising out of any such improvementsAlterations or other work performed or alleged to be performed, additions, alterations, repairs by or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over at 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 payment to or for the benefit direction of any person furnishing labor or materials in connection therewith. 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 PremisesTenant. If any such taxes lien or claim for which you are liable are levied lien is filed, Tenant shall, within fifteen (15) business days of receiving notice of such lien or assessed against claim, (i) have such lien or claim for lien released of record, or (ii) deliver to Landlord a bond, title insurance or Landlord’s property other security in form, content, and if amount reasonably satisfactory to Landlord elects relative to pay the same such lien or if the assessed value of Landlord’s property is increased by inclusion of personal propertyclaim for lien (whereupon, furniture or fixtures placed by you in the Premisescase of this subclause (ii), Tenant shall thereafter diligently contest such lien or claim for lien). Without limitation of the foregoing, Tenant shall indemnify, defend and hold harmless, Landlord from and against any such lien or claim for lien, and Landlord elects the foreclosure or attempted foreclosure thereof, and Tenant shall cause any such lien to be released of record, in any event, prior to final enforcement thereof. If Tenant fails to take the actions described in subclause (i) or subclause (ii) above, then Landlord, without investigating the validity of such lien or claim for lien and without limiting other rights or remedies available to it hereunder, may pay or discharge the taxes based on such increasesame, you shall pay to and Tenant shall, as payment of Additional Rent hereunder, reimburse Landlord upon demand that part of such taxesfor the amount so paid by Landlord.

Appears in 1 contract

Sources: Lease Agreement (SXC Health Solutions Corp.)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and (b) for all materials furnished 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, other than work performed by Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent pursuant to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 PremisesWorkletter. If any such taxes 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 ten (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 comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which you are liable are levied a mechanics' lien has been filed, and has not given Landlord security as described above, or assessed 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 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 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 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. At least fifteen (15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or Landlord’s property and if Landlord elects installations) in or 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, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord elects will have the right to pay post notices of nonresponsibility or similar written notices on the taxes based on Premises in order to protect the Premises against any such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 1 contract

Sources: Office Lease (Eloquent Inc)

Mechanic’s Liens. You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you Tenant will pay or cause to be paid all sums legally due costs and payable charges for work (a) done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant, in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and (b) for all materials furnished 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 each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent pursuant to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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 PremisesWorkletter. If any such taxes 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 comply with such statutory procedures as may be available to release the lien. If a final judgement establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which you are liable are levied a mechanics' lien has been filed, and has not given Landlord security as described above, or assessed 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 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 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 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. At least 15 days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or Landlord’s property and if Landlord elects installations) in or 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, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord elects will have the right to pay post notices of nonresponsibility or similar written notices on the taxes based on Premises in order to protect the Premises against any such increase, you shall pay to Landlord upon demand that part of such taxesliens.

Appears in 1 contract

Sources: Office Lease (Xcarenet Inc)

Mechanic’s Liens. You (the Tenant) shall have Tenant has no authority, express or implied, implied authority to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests interest of Landlord in or Tenant in, the Premises or the Project or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs repairs. Tenant covenants and nothing contained in this Lease shall be construed 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, agrees that it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you it will save and hold Landlord harmless from any and all loss, cost or expense (including without limitation, reasonable attorneys' fees) 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 Premises or under the terms of this Lease. You agree If a lien is attached to give the Project or any part thereof, then, in addition to any other right or remedy of Landlord, Landlord immediate written may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys' fees, shall be paid by Tenant to Landlord within thirty (30) days after demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice if any of lien or encumbrance is placed on claim have such lien or claim released of record. Tenant's failure to comply with the Premises. Notwithstanding any provision provisions of this Lease relating the foregoing sentence shall be deemed an Event of Default entitling Landlord to improvements, additions, alterations, repairs or reconstruction exercise all of or to its remedies therefor without the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing requirement of any labor additional notice 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxescure period.

Appears in 1 contract

Sources: Industrial Building Lease (Chimerix Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due costs and payable charges for work done by you on account of any labor performed Tenant or materials furnished caused to be done by Tenant in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and for all materials furnished for or in connection with such work. Tenant shall indemnify Landlord against and hold Landlord, the Premises and the Building free, clear, and harmless from and against all mechanics’ liens and claims of liens and all other liabilities, liens, claims and demands on account of such work or materials by or on behalf of Tenant. If any such lien at any time is filed of record against the Premises or any part of the Building, Tenant shall cause such lien to be removed of record within 15 days after written notice of the filing of such lien, except that if Tenant desires to contest such lien without filing a bond and removing the lien of record in accordance with statute, it shall furnish Landlord each agree for delivery to the court in which the claimant seeks to enforce its lien, within such 15 day period, security sufficient to cause the lien to be released of record. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and confirm that: (i) Landlord satisfy the same at once. If Tenant fails to remove of record any such mechanics’ lien and has not consented nor will given Landlord ever security as described above, Landlord may, at its option, pay such charge and related costs and interest in respect of such lien, and the amount so paid, together with reasonable attorneys’ fees incurred by Landlord in connection with such lien, shall be due from Tenant to Landlord as Additional Rent within 30 days after written notice. Nothing contained in this Lease shall be deemed the consent or agreement of Landlord to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to subject Landlord’s interest in the Premises; (ii) you are not Building to liability under any mechanics’ or other lien law. If Tenant receives notice or otherwise becomes aware that a lien has been or is about to be filed against the agent Premises or the Building or any action affecting title to the Building has been or is about to be commenced on account of Landlord work done by or for the purposes of any such improvements, additions, alterations, repairs or 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 payment materials furnished to or for Tenant, it shall promptly give Landlord written notice of the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxessame.

Appears in 1 contract

Sources: Office Lease (Thayer Ventures Acquisition Corp)

Mechanic’s Liens. You 6.3.1. Without limiting the generality of the foregoing provisions of this section, the Tenant shall not create or permit to be created, and if created shall discharge or have released, any mechanics’ or materialmens’ lien arising while this Lease is in effect and affecting any or all of the Premises, the Building and/or the Project, and the Tenant shall not permit any other matter or thing whereby the Landlord’s estate, right and interest in any or all of the Premises, the Building and/or the Project might be impaired. The Tenant shall defend, indemnify and hold harmless the Landlord against and from any and all liability, claim of liability or expense (including but not limited to that of reasonable attorneys’ fees) incurred by the Landlord on account of any such lien or claim created or permitted to be created by Tenant, its agents, contractors, servants, employees, licenses, concessionaires, suppliers, materialmen or invitees. 6.3.2. If the Tenant fails to discharge (whether by payment or posting a bond in lieu thereof having the effect of removing such lien) any such lien within fifteen (15) days after it first becomes effective against any of the Premises, the Building and/or the Project, then, in addition to any other right or remedy held by the Landlord on account thereof, the Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount of any judgment in favor of the lienor with interest, costs and allowances. The Tenant shall have no authorityreimburse the Landlord for any amount paid by the Landlord to discharge any such lien and all expenses incurred by the Landlord in connection therewith, together with interest thereon at the Default Rate from the respective dates of the Landlord’s making such payments or incurring such expenses (all of which shall constitute Additional Rent). 6.3.3. Nothing in this Lease shall be deemed in any way (a) to constitute the Landlord’s consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to create any or place all of the Premises, the Building and/or the Project, or (b) to give the Tenant any lien right, power or encumbrance authority to contract for or permit to be furnished any service or materials, if doing so would give rise to the filing of any kind mechanics’ or nature whatsoever uponmaterialmens’ lien against any or all of the Premises, the Building and/or the Project, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject or interest therein, or (c) to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only evidence the leasehold interest granted to you by this instrument. You covenant and agree Landlord’s consent that you will pay or cause to be paid all sums legally due and payable by you on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that you will save and hold Landlord harmless from any and all loss, cost or 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 Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent Building and/or the Project be subjected to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxeslien.

Appears in 1 contract

Sources: Office Lease (Millennial Media Inc.)

Mechanic’s Liens. You (the Tenant) Without Lessor's prior written consent, Tenant ---------------- shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind bind, the interests interest of Landlord Lessor in the Leased Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with youTenant, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Floridarepairs, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold Leasehold interest granted to you Tenant by this instrument. You covenant It is understood and agree agreed that you if Tenant shall make repairs or improvements to the demised Leased Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent of Lessor, and that Lessor's interest in the demised Leased Premises, shall not be subject to any mechanic's, furnisher's or materialmen's liens. No contract for material will be entered into by Tenant except with the express stipulation that any lien arising therefrom shall not attach to Lessor's fee interest, but only to Tenant's Leasehold interest, in the demised Leased Premises. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by you it on account of any labor performed or materials furnished in connection with any work performed on the Leased Premises on which any lien is or can be validly and legally asserted against its leasehold Leasehold interest in the Leased Premises or the improvements thereon and that you thereon. Tenant will save and hold Landlord Lessor harmless from any and all loss, cost or expense expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold Leasehold estate or against the rightrights, title and interest of the Landlord Lessor in the Leased Premises or under the terms of this Lease. You agree Tenant shall discharge by payment or satisfactory bond pursuant to give Landlord immediate written notice if statutory procedures any lien arising out of work performed or encumbrance is placed materials furnished on the Premises. Notwithstanding any provision demised Leased Premises by, through or under Tenant within 30 days after the filing of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay to Landlord upon demand that part of such taxessame.

Appears in 1 contract

Sources: Lease Agreement (Master Graphics Inc)

Mechanic’s Liens. You (the Tenant) Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all sums legally due and payable costs for work done by you or on account behalf of any labor performed Tenant or materials furnished in connection with any work performed caused to be done by or on behalf of Tenant on the Premises on of a character which any lien is will or can be validly and legally asserted may result in liens against its leasehold Landlord's interest in the Premises or the improvements thereon Building, or any part thereof and that you Tenant will keep the same free and clear of all mechanics' liens and other liens on account of work done for or on behalf of Tenant or persons claiming under Tenant. Tenant hereby agrees to indemnify, defend and save and hold Landlord harmless of and from any and all liability, loss, cost damages, costs or expense based on expenses, including attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed for, or arising out materials or supplies furnished to Tenant, including lien claims of asserted claims laborers, materialmen or others. Should any such liens be filed or recorded against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms Building with respect to work done for or materials supplied to or on behalf of this LeaseTenant or should any action affecting the title thereto be commenced, Tenant shall cause such liens to be released of record within twenty (20) days after notice thereof. You agree If Tenant desires to give Landlord immediate written notice if contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as may be provided by Colorado's mechanics' lien statutes. If Tenant shall be delinquent in paying any charge for which such a mechanics' lien or encumbrance is placed on suit to foreclose such a lien has been recorded or filed and shall not have caused the Premises. Notwithstanding any provision of this Lease relating lien to improvementsbe released as aforesaid, additionsLandlord may (but without being required to do so) pay such lien or claim and costs associated therewith, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree amount so paid, together with interest thereon at the Interest Rate and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor 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, additions, alterations, repairs or 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 payment to or for the benefit of any person furnishing labor or materials Reasonable Attorneys' fees incurred in connection therewith. 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, and Landlord elects to pay the taxes based on such increase, you shall pay immediately due from Tenant to Landlord upon demand that part of such taxesas Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Front Range Capital Trust I)