Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 8 contracts
Sources: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (3020) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 5 contracts
Sources: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other 's liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 4 contracts
Sources: Lease Agreement (Taysha Gene Therapies, Inc.), Lease Agreement (Alco Stores Inc), Lease Agreement (Airvana Inc)
Mechanic’s Liens. No Tenant shall keep the Premises, Buildings and Project free from any liens arising out of any work performed performed, materials furnished or obligations incurred by Tenant pursuant Tenant, including but not limited to this Leasemechanic liens, whether in the nature of erectionmaterialman liens, construction, alteration or repair, 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 liens of any consent given by Landlord character, type or nature whatsoever. Should Tenant fail to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge remove any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty five (305) business days of notice of to do so from Landlord, and without waiving its rights based on such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofbreach, thenLandlord may, in addition to being an Event of Default and any other right or remedy of Landlordremedies, Landlord may record a bond or discharge the same by paying the amount claimed pursuant to be due, California Civil Code Section 3143 and the amount so paid by Landlord, including reasonable attorneys’ fees all amounts incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, so doing shall be become immediately due and payable by Tenant to Landlord as Additional Rent. Furthermore, without waiving any rights based on such breach, Landlord may pay and satisfy any such liens, without inspection, and in such an event, the sums so paid by Landlord shall be due and payable by Tenant immediately, with interest from the date paid by Landlord, through the date Tenant pays Landlord, at the maximum interest rate allowable by Applicable Law. All sums paid pursuant to the preceding sentence by Landlord shall be due and payable as Additional Rent. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises and the Building from such liens. And any and all reasonable attorneys’ fees incurred by Landlord in connection with any liens allowed to be taken against the Premises on the Building by Tenant, shall be recoverable by Landlord as Additional Rent. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any claims, demands, causes of action, damages, judgments or liabilities for mechanics’, materialman’s or other liens in connection with any Alterations, repairs or any work performed, materials furnished or obligations incurred by or for Tenant.
Appears in 4 contracts
Sources: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc), Lease Agreement (Taleo Corp)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 4 contracts
Sources: Lease Agreement (Cleanspark, Inc.), Lease Agreement, Lease Agreement (Energytec Inc)
Mechanic’s Liens. No Tenant shall pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, 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 Tenant Landlord pursuant to this Lease. If any such lien, whether at any time, is filed against the Premises or any part of the Project, Tenant shall cause such lien to be discharged of record within ten (10) days after the filing of such lien, except that if Tenant desires to contest such lien, it shall deliver to Landlord, within such 10-day period, at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest, by cashier’s check or certified funds which shall be held by Landlord as security to insure payment of the lien and to prevent any sale of the Project by foreclosure or otherwise by reason of such lien. 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 has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in the nature of erection, construction, alteration or repairconnection with such lien, shall be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed to be for the immediate use and benefit consent or agreement of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against subject Landlord’s interest in the Premises Project to liability under any mechanics’ or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premiseslaw. If any mechanic’s Tenant receives written notice that a lien has been or other liens shall at any time is about to be filed against the Premises or the property Project, or that any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it shall immediately give Landlord written notice of furnishedsuch 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 alleged to have been performed or furnished, to Tenant installations) in or to anyone holding the Premises through Premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of give Landlord within thirty (30i) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereof, then, in addition to being an Event persons supplying labor and materials for the proposed work and (ii) two copies of Default Tenant’s plans and 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 specifications for such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentwork.
Appears in 3 contracts
Sources: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
Mechanic’s Liens. No work performed by Tenant pursuant shall pay, or cause to this Leasebe paid, whether all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the nature prosecution of erection, construction, alteration or repairthe Work. Said payment bond shall name Landlord as a primary obligee, shall be deemed given by a surety which is satisfactory to be for the immediate use Landlord, and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of in such form as Landlord by reason of any consent given by Landlord to Tenant to improve the Premisesshall approve in its sole discretion. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in have the Premises right to contest the correctness or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result validity of any such lien against if, immediately on demand by Landlord’s interest that may be filed or claimed , it procures and records a lien release bond issued by a responsible corporate surety in connection with or arising out an amount sufficient to satisfy statutory requirements therefor in the State of work undertaken by the ContractorsWashington. Tenant shall promptly pay promptly all persons furnishing labor or materials cause to be paid any sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any work performed judgment obtained by Tenant the claimant in its suit or its Contractors before such judgment becomes a lien on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien whichever is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienearlier. If Tenant shall fail be in default under this Section, by failing to cause such lien to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be so discharged or bonded after being notified of the filing thereof, thenobligated to), in addition to being an Event of Default and any other right rights or remedy of Landlordremedies it may have, Landlord may bond or discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the same by paying the amount claimed to be dueclaim, (ii) procuring and the amount so paid by recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorneys’ fees attorney's fees) incurred by Landlord either in defending against settling and discharging such lien or in procuring the bonding or discharge of such lien, together with interest thereon at in accordance with Section 39 captioned "Interest on Unpaid Rent" from the Default Rate, date of Landlords payment of said costs. Landlord's payment of such costs shall be due and payable by not waive any default of Tenant to Landlord as Additional Rentunder this Section.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final unconditional lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten business days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (a) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (b) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienactual, together with interest thereon at the Default Rateout-of-pocket expenses and applicable interest, shall be due and payable paid by Tenant to Landlord within ten business days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships) and that Tenant is not authorized to act as Additional RentLandlord’s common law agent or construction agent in connection with any work performed in the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party, except to the extent such claim, demand, cause of action, suit, judgment, damage or expense is solely attributable to Landlord’s failure to comply with the Lease (including the provisions of this Section 8). This indemnity provision shall survive termination or expiration of this Lease.
Appears in 3 contracts
Sources: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Mechanic’s Liens. No work performed by (a) Tenant pursuant shall have no power to this Leasedo any act or ---------------- make any contract which may create or be the foundation for any lien upon the reversion of Owner, whether in the nature of erectiondemised premises or the Building and improvements; it being agreed that should Tenant cause any alterations, construction, alteration changes or repair, shall be deemed labor to be performed or material to be furnished therein or thereon, neither Owner nor the demised premises shall under any circumstances be liable for the immediate use and benefit payment of Landlord so that no mechanic’s expenses incurred or other lien shall be allowed against for the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result value of any such lien against Landlord’s interest that may work done or material furnished to the demised premises or any part thereof; but all such alterations, changes, additions, improvements and repairs and materials and labor shall be filed or claimed in connection with or arising out of work undertaken by the Contractors. at Tenant's expense, and Tenant shall pay promptly all persons be solely and wholly responsible to contractors, laborers and materialmen furnishing labor and material to said premises and Building, or materials with respect to any work performed by part thereof, for or on behalf of Tenant.
(b) Tenant shall not suffer or its Contractors on or about the Premises. If permit any mechanic’s or other liens shall at any time 's lien to be filed against the Premises fee ownership (or ground leasehold, if any) of the property of which the Premises are a part demised premises nor against Tenant's leasehold interest in said premises, by reason of work, labor, services or materials performed of furnished, supplied or alleged claimed to have been performed or furnished, supplied to Tenant or to anyone holding any occupant of the Premises demised premises claiming by, through or under Tenant, and regardless of whether . If any such mechanic's lien is asserted shall at any time be filed against the interest of Landlord demised premises or Tenantthe land, Building and improvements thereon, Tenant shall shall, at its own cost and expense, cause the same to be cancelled and discharged of record by surety bond or bonded to the satisfaction of Landlord appropriate cash deposit or otherwise within thirty (30) days after the date of notice to Tenant of filing of the same, and Tenant shall indemnify and save harmless Owner from and against any and all costs, expenses, claims, losses or damages resulting therefrom or by reason thereof.
(c) Tenant shall also defend on behalf of Owner and the fee at Tenant's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien. liens, and Tenant shall pay any damages and satisfy and discharge any judgment entered thereon and save harmless Owner and the fee owner from any claim or damages resulting therefrom.
(d) If Tenant shall fail to cause discharge such mechanic's lien to be so discharged or bonded after being notified of within the filing thereofaforesaid period, then, in addition to being an Event of Default and any other right or remedy of LandlordOwner, Landlord may bond or Owner may, but shall not be obligated to, discharge the same same, either by paying the amount claimed to be duedue or by procuring the discharge of such lien by deposit in court or by bonding, and in such event Owner shall be entitled, if Owner so elects, to compel the prosecution of any action for the foreclosure of such mechanic's lien by the lienor and to pay the amount so of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(e) Any amount paid by LandlordOwner for any of the aforesaid charges and all reasonable legal and other expenses of Owner, including reasonable attorneys’ fees incurred by Landlord either counsel fees, in defending against any such lien action or in procuring the bonding or discharge of such said lien, together with all necessary disbursements in connection therewith, with interest thereon at the Default Raterate of fifteen (15%) percent per annum (but in no event to exceed the maximum legal rate of interest then chargeable to Tenant), from the date of payment, shall be due repaid within a period of twenty (20) days after written demand therefor by Owner to Tenant, and the same shall be deemed additional rent payable by Tenant to Landlord hereunder and collectible as Additional Rentsuch.
Appears in 2 contracts
Sources: Store Lease (Craig Corp), Lease Agreement (Reading Entertainment Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Radiant Systems Inc)
Mechanic’s Liens. No work performed by Tenant pursuant Section 17.01. If, subject to and notwithstanding Landlord's consent as required under this Lease, whether 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 nature of erectionDemised Premises, construction, alteration or repairunder any circumstances, shall be deemed to be liable for the immediate use payment of any expense incurred or for the value of any work done or material furnished, and benefit all such changes, alterations, additions, improvements, installations and repairs and labor and material shall be made, furnished and performed upon Tenant's credit alone and at Tenant's expense, and Tenant shall be solely and wholly responsible to contractors, laborers, and materialmen furnishing and performing such labor and material. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord so that no Landlord, express or implied, to any contractor, laborer or materialman to furnish to perform any such labor or material.
Section 17.02. If, because of any act or omission (or alleged act or omission) of Tenant any mechanic’s 's or other lien lien, charge or order for the payment of money shall be allowed filed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Demised Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provideBuilding or Landlord's estate as tenant under any ground or underlying lease (whether or not such lien, among other thingscharge or order is valid or enforceable as such), the following: That notwithstanding anything in said contracts for work claimed to have been for, or subcontracts to the contrarymaterials furnished to, Tenant’s contractors, subcontractorsTenant, suppliers at Tenant's expense, shall cause it to be cancelled or discharged of record by bonding or otherwise within twenty (20) days after such filing, and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors Tenant shall indemnify Landlord against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and shall pay all costs and reasonable costs, expenses, including reasonable attorney’s feeslosses, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workfines and penalties, laborincluding, services or materials performed of furnishedwithout limitation, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentresulting therefrom.
Appears in 2 contracts
Sources: Lease (Global Technologies LTD), Lease Agreement (Infosafe Systems Inc)
Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseSeller shall keep the Purchaser Parcel at all times free of mechanics' liens and any other liens for labor, whether in the nature services, supplies, equipment or materials purchased or procured, directly or indirectly, by, through or under Seller (collectively, "Liens"). Seller agrees that it will promptly pay and satisfy all Liens of erection, construction, alteration or repair, 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliersmechanics, laborers, materialmen or subcontractors; and that others of like character, and shall indemnify Purchaser and its successors, assigns, owners, shareholders, partners, members, employees, officers, representatives and present and future mortgagees against all liabilities, expenses, costs and charges, including, without limitation, bond payments for release of Liens and reasonable attorneys' fees and costs incurred in and about the Contractors will indemnify and save Landlord harmless defense of any suit in discharging the Purchaser Parcel from any and all costs and expensesLiens, including reasonable attorney’s feesclaims, judgments or encumbrances, caused or suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workby, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether Seller. In the event any such lien is asserted Liens, claims, judgments or encumbrances shall be made or filed, Seller shall bond against the interest of Landlord or Tenant, Tenant shall cause discharge the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of after receiving written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, thenof the same. Failure of Seller to comply with its obligations under the preceding sentence shall be deemed a default by Seller hereunder (without the need for Purchaser to serve Seller notice as otherwise required under Paragraph 11 below). In addition, in addition to being an Event of Default the event any such Liens, claims, judgments or encumbrances shall be made or filed, Purchaser, at its sole election, may pay and any other right satisfy the same, or remedy of Landlord, Landlord may bond or discharge off the same by paying and, in any such event, the amount claimed to be due, and the amount sums so paid by LandlordPurchaser, and all actual and other expenses (including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienattorney’s fees), together with interest thereon on all of the foregoing at eighteen percent (18%) per annum, from the Default Ratedate of Purchaser's payment, shall be due and payable by Tenant from Seller to Landlord as Additional Rent.Purchaser within ten (10) days after Purchaser's delivery to Seller of written demand for payment of the same, with accompanying sufficient supporting documentation. SELLER SHALL NOT HAVE ANY AUTHORITY TO CREATE ANY LIENS FOR LABOR OR MATERIAL ON THE PURCHASER PARCEL AND ALL PERSONS CONTRACTING WITH SELLER FOR THE PERFORMANCE OF ANY SERVICES, SUPPLY OF ANY MATERIALS OR PROVISION OF ANY LABOR FOR ANY WORK DONE IN, ON OR AROUND THE PURCHASER PARCEL, AND ALL MATERIALMEN, CONTRACTORS, SUPPLIERS, MECHANICS AND LABORERS ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK SOLELY TO SELLER TO SECURE PAYMENT OF ANY ▇▇▇▇ FOR WORK DONE OR MATERIAL FURNISHED AT THE REQUEST OR INSTRUCTION OF SELLER. {O1117744;9}
Appears in 2 contracts
Sources: Real Estate Purchase Agreement, Real Estate Purchase Agreement (Florida Public Utilities Co)
Mechanic’s Liens. No work performed Subcontractor covenants and specifically agrees for itself and, to the extent permitted by Tenant pursuant to this Leasethe laws of the province in which a Project is located, whether in the nature of erectionfor its subcontractors, constructionlabourers and mechanics, alteration material and equipment suppliers and all other persons acting through or repairunder Subcontractor, that no mechanics’ or materialmen’s lien or claim shall be deemed filed, asserted, claimed or maintained by it, them or any of them against any property other than the building, improvements or parcel/lot constituting or relating to a Project, for or on account of any work done or material, equipment or services furnished by it, them or any of them, under a Work Order or otherwise. Subcontractor shall cause this covenant to be for the immediate use inserted in and benefit made a part of Landlord so each and every subcontract that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials it executes with respect to the Work. Subcontractor further covenants and specifically agrees that in the event any work performed mechanics’ or materialmen’s lien or claim shall be filed, asserted, claimed or maintained by Tenant any sub-subcontractor or its Contractors on materialman of Contract or, whether meritorious or about not, during the Premises. If any mechanicperiod extending through and including the period of Subcontractor’s performance of the Work up until the date one (1) year after final performance by Subcontractor of the relevant Work, Subcontractor shall, at no cost to Contractor, by posting bond or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedcash security, or alleged to have been performed or furnishedotherwise, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any cause such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same claim to be discharged of record or bonded to the satisfaction of Landlord removed within thirty ten (3010) days of the earlier of: i) the filing of the lien or claim or ii) Subcontractor’s receipt of notice of such lienthe lien or claim. If Tenant Subcontractor agrees that any failure by it to bond off or remove any lien in accordance with this article shall fail operate as a complete, total and absolute waiver and relinquishment of any right which Subcontractor has to cause such lien receive any further payments from Contractor under, in connection with, or in any way relating to be so discharged or bonded after being notified the Work, a Work Order and this Agreement. The breach by Subcontractor of either of the filing thereofforegoing covenants or specific agreements shall constitute a material breach of this Agreement entitling Contractor to exercise any or all of the rights and remedies available to Contractor under this Agreement or any Work Order, then, in addition to being an Event of Default and as well as any other right or remedy of Landlord, Landlord may bond or discharge the same rights and/or remedies granted to Contractor 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 lien law or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentequity.
Appears in 2 contracts
Sources: Master Agreement for Subcontractor Services, Master Agreement for Subcontractor Services
Mechanic’s Liens. No Tenant shall promptly pay any contractors and materialmen who supply labor, work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord materials to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in at the Premises or the property Property so as to avoid the possibility of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts lien attaching to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property Property. Tenant shall take all steps permitted by law in order to avoid the imposition of which any mechanics', laborer's or materialman's lien upon the Premises are a part; that Premises, the Contractors will immediately discharge Property or the Lot. Should any such lien or notice of lien be filed, Tenant shall discharge the same within fifteen (15) days after the lien or claim is filed by any or formal notice of the Contractor’s supplierssaid lien or claim has been issued, laborers, materialmen or subcontractors; and that the Contractors will shall also indemnify Landlord and save Landlord hold it harmless from any and all claims, losses, damages, judgments, settlements, costs and expenses, expense (including reasonable attorney’s attorneys' fees, suffered ) resulting therefrom or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienthereof. If Tenant shall fail to cause has not removed such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlordclaim within such fifteen (15) day period, Landlord may bond or discharge the same by paying may, but shall not be obligated to, pay the amount claimed necessary to be dueremove such lien, without being responsible for making any investigation as to the validity or accuracy thereof, and the amount so paid by Landlordpaid, together with all costs and expenses (including reasonable attorneys’ fees ' fees) incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateconnection therewith, shall be deemed additional rent reserved under this Lease due and payable by forthwith. 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. Throughout this Lease the term "mechanics' 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 mechanics', laborer's or materialman's lien or arising out of any debt or liability to or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanics' notice of intention given to Landlord as Additional Rentor Tenant, any stop order given to Landlord or Tenant, any notice or refusal to pay naming Landlord or Tenant or any injunctive or equitable action brought by any person entitled to any mechanics' lien.
Appears in 2 contracts
Sources: Office Building Lease (Standard Management Corp), Office Building Lease (Standard Management Corp)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s 's improvements assuring Landlord that no mechanic’s 's liens will be asserted against Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s 's contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “"Contractors”") will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s 's interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s 's suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s attorneys' fees, suffered or incurred as a result of any such lien against Landlord’s 's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s 's or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. 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 being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentRental.
Appears in 2 contracts
Sources: Lease Agreement (Boston Restaurant Associates Inc), Lease Agreement (Ciao Cucina Corp)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether Party in the nature of erection, construction, alteration or repair, connection with any Alteration shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which any such Alteration, Tenant shall deliver to Landlord final, unconditional lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after Landlord has delivered notice of the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional RentRent within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the satisfaction of lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor, together with reasonable supporting evidence. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or with any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or remedy interest in any funds held by Landlord to reimburse Tenant for any portion of Landlordthe cost of such work. Tenant shall defend, indemnify and hold harmless Landlord may bond or discharge the same by paying the amount claimed to be dueand its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and the amount so paid by Landlord, expenses (including reasonable attorneys’ fees 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. This indemnity provision shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Hipcricket, Inc.), Lease Agreement (Glu Mobile Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other 's liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion, of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Biomira Inc), Lease Agreement (Biomira CORP)
Mechanic’s Liens. No The Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises, and Tenant will keep the Premises and the leasehold free and clear of all mechanics= liens and other liens or bond or similar claims on account of work done 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 laborers or materialmen or equipment suppliers, or others for work performed by or materials or supplies or equipment furnished for the Tenant pursuant or persons claiming under it. If the Tenant shall desire to this Lease, whether contest any claim or lien it shall furnish the Landlord adequate security of the value or in the nature amount of erectionthe claims plus estimated costs and interest, constructionor a bond of responsible corporate surety in such amount conditioned on the discharge of the lien or claim. If a final judgment establishing the validity or existence of a lien or claim for any amount is entered, alteration or repair, the Tenant shall pay and satisfy the same at once. If the Tenant shall be deemed in default or subject to be a claim of default in paying any charge for which a bond claim is asserted or for which a mechanics= lien claim and suit to foreclose the immediate use lien have been filed, and benefit of shall not have given the Landlord so that no mechanic’s security to protect the property and the Landlord against such claim or other lien shall be allowed against liens, the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts (but shall not be required to) pay the claim and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in any costs, and the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provideamount so paid, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including together with reasonable attorney’s fees, suffered or attorneys= fees incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by it shall be immediately due and owing from the Contractors. Tenant to the Landlord, and the Tenant shall pay promptly all persons furnishing labor or materials the same to Landlord with respect to interest at the rate set forth in the Summary from the dates of the Landlord=s payments. Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time claims of lien be filed against the Premises or leasehold or any action relating to a bond claim 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 of it. The Landlord or its representatives 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 at the Premises a notice of nonresponsibility or such other notices which the Premises are a part by reason Landlord may deem to be proper for the protection of workthe Landlord=s interest in the Premises. The Tenant shall, labor, services or materials performed before the commencement of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any work which might result in any such lien is asserted against the interest of Landlord or Tenantbond claim, Tenant shall cause the same to be discharged of record or bonded give to the satisfaction of Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail its intention to cause such lien do so in sufficient time to be so discharged or bonded after being notified of enable the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge posting of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.notices. . TENANT IMPROVEMENTS; ALTERATIONS; TENANT=S FIXTURES
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Landlord may record, at its election, notices of non-responsibility pursuant to California Civil Code Section 3094 in connection with any work performed by Tenant. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property in connection therewith. Upon completion of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantwork, Tenant shall cause the same deliver to be discharged of record or bonded to the satisfaction of Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days of after Landlord has delivered notice of the filing thereof to Tenant (or such lienearlier time period as may be necessary to prevent the forfeiture of the Premises, or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount of the lien and cause the lien to be released of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefore. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, if any, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses, including attorneys’ fees in any way arising from or relating to the failure by Tenant to pay for any work performed, materials furnished, or obligations incurred by or at the request of Tenant. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of Tenant shall be deemed authorized and ordered by Tenant pursuant only, and Tenant shall not permit any mechanic’s liens to this Leasebe filed against the Premises in connection therewith. Upon completion of any such work, whether in Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of the nature filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of erectionthe Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), constructioneither pay the amount of the lien and cause the lien to be released of record, alteration or repairdiligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be deemed paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant for the immediate use and benefit furnishing of Landlord so any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that no mechanic’s or other lien they look exclusively to Tenant to obtain payment for same. Nothing herein shall be allowed against the estate of Landlord by reason of any deemed a consent given by Landlord to Tenant to improve any liens being placed upon the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Premises or Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect therein due to any work performed by or for Tenant or its Contractors on deemed to give any contractor or about subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice cost of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentwork.
Appears in 1 contract
Sources: Industrial Lease (Aqua Metals, Inc.)
Mechanic’s Liens. No work performed by Tenant pursuant Notice is hereby given that Landlord shall not be liable to this Lease, whether in the nature of erection, construction, alteration any Person for any labor or repair, shall be deemed materials furnished or to be for the immediate use furnished to Tenant upon credit, and benefit of Landlord so that no mechanic’s 's, materialman's or other lien shall be allowed against the estate of Landlord by reason of for any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed shall attach to or claimed by affect the Contractors against Landlord’s reversion or other estate or interest of Landlord in and to the Premises Leased Premises, the Building or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; Land. Whenever and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If often as any mechanic’s 's lien or other liens materialman's lien shall at any time be have been filed against the Premises Leased Premises, the Building or the property Land based upon any act or interest of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to of anyone holding the Premises claiming through or under Tenant, and regardless of whether or if any such lien is asserted against with respect thereto shall have been filed affecting any materials, machinery or fixtures used in the interest of Landlord construction, repair or operation thereof or annexed thereto by Tenant or anyone claiming through or under Tenant, Tenant shall cause shall, at its expense, immediately take such action by bonding, deposit or payment as will remove or satisfy the same to be discharged of record lien or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienother security interest. If Tenant shall fail fails to cause such bond remove or discharge the lien to be so discharged or bonded other security interest within 30 days after being notified receipt of the filing thereofdemand therefor by Landlord, thenLandlord, in addition to being an Event of Default and any other right remedy under this Lease and without waiving or remedy of Landlordreleasing Tenant's default in not timely discharging the lien or security interest, Landlord may bond pay the amount secured by such lien or security interest or discharge the same by paying the amount claimed to be due, deposit and the amount so paid by Landlord, including reasonable attorneys’ fees incurred or deposited shall be collectible as additional rent. The provisions of this subsection shall not be applicable to liens filed with respect to work done for Tenant's account by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentLandlord's expense.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, members, managers, lenders, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. No The Tenant agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises, and Tenant will keep the Premises free and clear of all mechanics’ liens and other liens on account of work done 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 laborers or materialmen or others for work performed by or materials or supplies or equipment furnished for the Tenant pursuant or persons claiming under it. If the Tenant shall desire to this Lease, whether contest any claim of liens it shall furnish the Landlord adequate security of the value or in the nature amount of erectionthe claims plus estimated costs and interest, constructionor a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, alteration or repairthe Tenant shall pay and satisfy the same at once. If the Tenant shall be in default in paying any charge for which a mechanics’ lien claim and suit to foreclose the lien have been filed, and shall not have given the Landlord security to protect the Premises and the Landlord against such claim of liens, the Landlord may (but shall not be so required to) pay the claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such matter, shall be deemed to be for immediately due and owing from 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts Landlord, and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials it to Landlord with respect to interest at the rate set forth in the Summary from the dates of the Landlord’s payments. Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time claims of lien be filed against the Premises or any action affecting the property of which title to the Premises are a part by reason of workbe commenced, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of party receiving notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring action shall forthwith give the bonding or discharge other party written notice of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentit.
Appears in 1 contract
Sources: Ground Lease Agreement
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If not permit any mechanic’s or other construction liens shall at any time to be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within fifteen (15) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either: (1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the satisfaction of lien claim, and any amounts so paid, including expenses and interest at the Default Rate, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or remedy interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, Landlord may bond its property manager, Onyx, any subsidiary or discharge affiliate of the same by paying the amount claimed to be dueforegoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the amount so paid by Landlord“Indemnitees”) from and against any and all claims, demands, causes of action, suits, judgments, damages and expenses (including reasonable attorneys’ fees and disbursements and court costs) 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive the expiration or earlier termination of this Lease.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant Party shall be deemed authorized and
(1) pay the amount of the lien and cause the lien to this Leasebe released of record; or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, whether in then Landlord may pay the nature of erectionlien claim, constructionand any amounts so paid, alteration or repairincluding expenses and interest, shall be deemed paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or 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 immediate use and benefit furnishing of Landlord so any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that no mechanic’s or other lien they look exclusively to Tenant to obtain payment for same. Nothing herein shall be allowed against the estate of Landlord by reason of any deemed a consent given by Landlord to Tenant to improve any liens being placed upon the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against , Project or Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its Contractors on property manager, Landlord’s lender, any subsidiary or about affiliate of the Premises. If foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any mechanic’s way arising from or other liens shall at relating to the failure by any time be filed against the Premises or the property of which the Premises are a part by reason of workTenant Party to pay for any work performed, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 obligations incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and ordered by Tenant pursuant only, and Tenant shall not permit any mechanic’s liens to this Leasebe filed against the Premises in connection therewith. Upon completion of any such work, whether in Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the nature filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of erectionthe Premises or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), constructioneither (1) pay the amount of the lien and cause the lien to be released of record, alteration or repair(2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest at the Default Rate from the time of Landlord’s payment, shall be deemed paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the immediate use and benefit furnishing of Landlord so any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that no mechanic’s or other lien they look exclusively to Tenant to obtain payment for same. Nothing herein shall be allowed against the estate of Landlord by reason of any deemed a consent given by Landlord to Tenant to improve any liens being placed upon the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Premises or Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect therein due to any work performed by or for Tenant or its Contractors on deemed to give any contractor or about subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the Premisescost of such work. If any mechanic’s or other liens shall at any time be filed against Without limiting the Premises or generality of the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantforegoing, Tenant shall cause notify Landlord in writing no later than one (1) day after the same to be discharged commencement of record any work or bonded the furnishing of any materials at or to the satisfaction Premises in order that Landlord shall be able timely to post and record Notices of Landlord within thirty (30) days of notice of such lienNon-Responsibility. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of the filing thereofaction, thensuits, in addition to being an Event of Default judgments, damages and 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, expenses (including reasonable attorneys’ fees 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 Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of a Tenant Party. This indemnity provision shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Intermolecular Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or earlier, as necessary to anyone holding prevent the Premises through forfeiture of the Premises, the Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of any fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises during the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Prior to the commencement of which any such work, (i) Tenant shall comply with Nevada Revised Statutes Section 108.234(4) by obtaining a payment and completion bond as required in an amount equal to one and one-half (1.5) times the aggregate contract price for such work; and (ii) providing evidence of such compliance to Landlord. In addition, upon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If any lien against the Premises are a part by reason or Project is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Shopping Center or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. if such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Markit Ltd.)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days (unless Landlord is in the process of selling the Building or materials performed obtaining financing, in which case Tenant shall within ten (10) days) after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the satisfaction of lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or 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 interest in any funds held by Landlord either in defending against such lien or in procuring to reimburse Tenant for any portion of the bonding or discharge cost of such lienwork. TENANT SHALL INDEMNIFY, together with interest thereon at the Default RateDEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, MANAGERS, CONTRACTORS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) IN ANY WAY ARISING FROM OR RELATING TO THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within thirty (30) days (unless Landlord is in the process of selling the Building or materials performed obtaining financing, in which case Tenant shall within ten (10) days) after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the satisfaction of lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of notice “landlord-tenant” (thereby excluding a relationship of such lien“owner-contractor,” “owner-agent” or other similar relationships). If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofAccordingly, thenall materialmen, in addition to being an Event of Default contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or 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 interest in any funds held by Landlord either in defending against such lien or in procuring to reimburse Tenant for any portion of the bonding or discharge cost of such lienwork. TENANT SHALL INDEMNIFY, together with interest thereon at the Default RateDEFEND AND HOLD HARMLESS LANDLORD, ITS PROPERTY MANAGER, ANY SUBSIDIARY OR AFFILIATE OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, 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 THE FAILURE BY ANY TENANT PARTY TO PAY FOR ANY WORK PERFORMED, MATERIALS FURNISHED, OR OBLIGATIONS INCURRED BY OR AT THE REQUEST OF A TENANT PARTY. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Zuora Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Leaseor any assignees claiming by, whether in through or under Tenant; any subtenants claiming by, through or under Tenant; and any of their respective agents, contractors, employees and invitees (collectively, the nature of erection“Tenant Parties” and each individually, construction, alteration or repaira “Tenant Party”), shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the forfeiture of the Leased Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefor. ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Leased 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 Leased Premises 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 indemnify, defend and hold harmless Landlord and ▇▇▇▇▇▇▇▇’s attorneys, agents, trustees, beneficiaries, successors, and assigns (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Funding Agreement
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed authorized and ordered by Tenant only, and Tenant agrees to be for the immediate use and benefit promptly pay all sums of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason money in respect of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services services, materials, supplies or materials performed of furnished, equipment furnished or alleged to have been performed or furnished, furnished to Tenant or to anyone holding the Premises through or any part thereof, through, or under Tenant in, at or about the Premises, or furnished to Tenant's agents, and regardless employees, contractors or subcontractors, which may be secured by any mechanic's, material supplier's or other type of whether lien against any such lien is asserted against part of the Project or Landlord's interest of Landlord or Tenant, therein (a "Lien"). Tenant shall cause notify Landlord of the same to be discharged filing of record or bonded to the satisfaction of Landlord any Lien within thirty (30) three days of after receiving notice of such lienfiling. If Tenant shall fail to cause such lien to be so discharged or bonded fails, within 20 days after being notified the date of the filing thereofof the Lien, thento discharge such Lien or pursuant to Minn. Stat. § 514.10 deposit into court a sum determined by the court, Landlord may, but shall not be required or expected to, remove such Lien in such manner as Landlord may, in addition to being an Event of Default and any other right or remedy of Landlordits sole discretion, Landlord may bond or discharge the same by paying the amount claimed to be duedetermine, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienfull cost thereof, together with interest thereon at the Default Rateall Landlord's fees and costs, including attorney fees, shall be due and payable by Tenant to Landlord as Additional Rentimmediately upon Tenant's receipt of Landlord's notice therefor. Tenant acknowledges that Landlord may post notice on the Premises of non-responsibility for such Liens and, in such event, Tenant shall so advise all contractors, materialmen, suppliers and other persons performing work or providing services and/or supplies to the Premises on behalf of Tenant. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys' fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Cardionet Inc)
Mechanic’s Liens. No work performed by If Tenant pursuant to this Lease, whether makes any alterations or improvements in the nature of erectionPremises, construction, alteration or repair, Tenant must pay for same when made. Nothing in the Lease shall be deemed construed to be for authorize Tenant or any person dealing with or under Tenant, to charge the immediate use and benefit rents of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises , or the property of which the Premises are forma 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 part. Said contracts mechanic's lien or encumbrance of any kind, and subcontracts under no circumstances shall provideTenant be construed to be the agent, among other thingsemployee or representative of Landlord in the making of any such alterations or improvements to the Premises, the following: That notwithstanding anything in said contracts or subcontracts to but, on the contrary, Tenant’s contractorsthe right or power to charge any lien, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit claim or encumbrance of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors any kind against Landlord’s interest in 's rents or the Premises or the property of land on which the Premises are Complex has been erected is denied. If a part; that mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the Contractors will immediately discharge event of the filing of a notice of any such lien, Tenant will promptly pay same or take steps to have the lien filed discharged of record, by bond or otherwise. If same is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option of paying the same, or any portion thereof and the amounts so paid, including permitted by law on any sums paid or advanced shall be deemed to be additional rent due from Tenant to Landlord immediately upon delivery to Tenant of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will a statement therefor. Tenant shall indemnify and save harmless Landlord harmless from and against all loss, claims, damages, costs or expenses suffered by landlord by reason of any and all costs and expensesrepairs, installations or improvements, made by Tenant, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified 's fees of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant Notice is hereby given that Landlord shall not be ---------------- liable to this Lease, whether in the nature of erection, construction, alteration any Person for any labor or repair, shall be deemed materials furnished or to be for the immediate use furnished to Tenant upon credit, and benefit of Landlord so that no mechanic’s 's, materialman's or other lien shall be allowed against the estate of Landlord by reason of for any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed shall attach to or claimed by affect the Contractors against Landlord’s reversion or other estate or interest of Landlord in and to the Premises Leased Premises, the Building or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; Land. Whenever and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If often as any mechanic’s 's lien or other liens materialman's lien shall at any time be have been filed against the Premises Leased Premises, the Building or the property Land based upon any act or interest of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to of anyone holding the Premises claiming through or under Tenant, and regardless of whether or if any such lien is asserted against with respect thereto shall have been filed affecting any materials, machinery or fixtures used in the interest of Landlord construction, repair or operation thereof or annexed thereto by Tenant or anyone claiming through or under Tenant, Tenant shall cause shall, at its expense, immediately take such action by bonding, deposit or payment as will remove or satisfy the same to be discharged of record lien or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienother security interest. If Tenant shall fail fails to cause such remove, bond or discharge the lien to be so discharged or bonded other security interest within forty-five (45) days after being notified receipt of the filing thereofdemand therefor by Landlord, thenLandlord, in addition to being an Event of Default and any other right remedy under this Lease and without waiving or remedy of Landlordreleasing Tenant's default in not timely discharging the lien or security interest, Landlord may bond pay the amount secured by such lien or security interest or discharge the same by paying the amount claimed to be duedeposit, bonding or otherwise and the amount so paid by Landlordpaid, including reasonable attorneys’ fees incurred deposited or employed to obtain such bond shall be collectible as Additional Charges. The provisions of this subsection shall not be applicable to liens filed with respect to work done for Tenant's account by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentLandlord's expense.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s mechanics’ or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s mechanics’ liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s Contractors’ suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s attorneys’ fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing that furnish labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s mechanics’ or other liens lien shall at any time be filed against the Premises or the property of which the Premises are a part part, by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienLandlord. 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 being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateten percent (10%), shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 1 contract
Sources: Building and Land Lease Agreement (Deep Down, Inc.)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration will pay or repair, shall be deemed cause 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and paid all costs and expensescharges for: (i) work done by Tenant or caused to be done by Tenant, including reasonable attorney’s fees, suffered in or incurred as a result of any such lien against Landlord’s interest that may be filed to the Premises; and (ii) materials furnished for or claimed in connection with or arising out of work undertaken by the Contractorssuch work. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about 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 mechanic’s 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 notice of the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, a sufficient bond or other liens shall security reasonably satisfactory to Landlord of at least 150% of the amount of the claim. If a final judgment 5055 Wilshire - Playboy Enterprises, Inc. - Lease 12/22/98 establishing the validity or existence of a lien for any time amount is entered, Tenant will immediately pay and satisfy the same. If Tenant fails to pay any charge for which a mechanic's lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with 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 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 property Project or any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it will immediately give Landlord written notice of furnishedsuch notice. At least ten (10) days prior to the commencement of any work (including, but not limited to, any maintenance, repairs or alleged to have been performed or furnished, to Tenant Alteration) in or to anyone holding the Premises through Premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of will give Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereofgeneral contractor and parties directly contracting with Tenant for the labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices, thenif applicable, on the Premises or in addition the public records in order to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge protect 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 Premises against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.
Appears in 1 contract
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of Tenant shall be deemed authorized and ordered by Tenant pursuant only, and Tenant shall not permit any mechanic’s liens to this Leasebe filed against the Premises in connection therewith. Upon completion of any such work, whether in Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the nature filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of erectionthe Premises, constructionor any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), alteration either:
(1) pay the amount of the lien and cause the lien to be released of record; or repair(2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be deemed paid by Tenant to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien within ten (10) days after Landlord has invoiced Tenant therefore. Nothing herein shall be allowed against the estate of Landlord by reason of any deemed a consent given by Landlord to Tenant to improve any liens being placed upon the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against , or Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its Contractors on property manager, if any, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses, including attorneys’ fees in any way arising from or about relating to the Premises. If failure by any mechanic’s or other liens shall at Tenant Party to pay for any time be filed against the Premises or the property of which the Premises are a part by reason of workwork performed, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 obligations incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, request of Tenant. The foregoing indemnity shall be due and payable by Tenant to Landlord as Additional Rentsurvive termination or expiration of this Lease.
Appears in 1 contract
Sources: Industrial Lease (Middleton Doll Co)
Mechanic’s Liens. No Tenant shall pay or cause to be paid all costs for work performed done by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed 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 Building free and clear of all mechanics' liens and other liens on account of work done or claimed to have been done for the immediate use Tenant or persons claiming under it. Tenant hereby agrees to indemnify Landlord for, save Landlord harmless from, and benefit of defend Landlord so that no mechanic’s against all liability, loss, damage, costs or other lien shall be allowed against the estate of Landlord by reason expenses, including attorneys' fees and interest, incurred on account of any consent given by Landlord 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 to Tenant to improve the Premisesor persons claiming under Tenant. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s Should any liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed recorded against the Premises or any portion of the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedBuilding, or alleged to have been performed or furnished, to Tenant or to anyone holding should any action affecting the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenanttitle thereto be commenced, Tenant shall cause such liens to be removed of record within 30 days after notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security, in a form chosen by the Landlord's sole discretion, of at least 150% of the amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of any lien for any amount is entered, 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 suit to foreclose the lien has been recorded or filed, and shall not have caused the same to be discharged released of record or bonded to the satisfaction of shall not have given Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlordsecurity as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any costs or obtain a bond or discharge the same by paying the amount claimed to be duetitle insurance protection against such lien, and the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienpaid, together with interest thereon at the Default Ratereasonable attorneys' fees, costs and interest, incurred in connection therewith, shall be immediately due and payable by from Tenant to Landlord as Additional RentLandlord.
Appears in 1 contract
Sources: Office Lease Agreement (Pentastar Communications Inc)
Mechanic’s Liens. No work performed by Tenant pursuant to this Leasepromptly shall pay for any labor, whether in the nature of erectionservices, constructionmaterials, alteration supplies or repair, 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 consent given by Landlord equipment furnished to Tenant to improve in or about the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in keep the Premises and the Property free from any liens arising out of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant. Tenant shall take all steps permitted by law in order to avoid the property imposition of which the Premises are a partany such lien. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge Should any such lien filed by any or notice of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or TenantProperty, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying bonding or otherwise within 30 days after ▇▇▇▇▇▇ has received written notice that the amount claimed lien or claim is filed regardless of the validity of such lien or claim; and if Tenant fails to do so, Landlord may pay such sums and take such actions as may be due, necessary to remove such lien and the amount so paid by Landlord, Tenant shall pay all costs and expenses (including reasonable attorneys’ fees incurred and court costs, without limitation) to Landlord upon demand. Neither the Property nor any interest of Landlord in the Property shall be subject in any way to any liens, including mechanic’s liens or any type of construction lien, for improvements to or other work performed with respect to the Property by Landlord either or on behalf of Tenant. Tenant acknowledges that Tenant, with respect to improvements or Alterations made by or on behalf of Tenant hereunder, shall promptly notify the contractor making such improvements or Alterations to the Premises of this provision exculpating the Property and Landlord’s interest in defending against the Property from any such liens. Further, nothing in this Lease is intended to authorize Tenant to do or cause any work to be done or materials to be supplied for the account of Landlord, all of the same to be solely for ▇▇▇▇▇▇’s account and at Tenant’s risk and expense. Throughout this Lease, the term “mechanics’ lien” is used to include any lien, encumbrance or charge levied or imposed upon all or any portion of, interest in or income from the Property on account of any mechanic’s, laborer’s, materialman’s or construction lien or in procuring the bonding arising out of any debt or discharge liability to or any claim of such lienany contractor, together with interest thereon at the Default Ratemechanic, supplier, materialman or laborer and shall be due and payable by Tenant include any mechanic’s notice of intention to file a lien given to Landlord as Additional Rentor 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 claiming to be entitled to any mechanic’s lien.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s 's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s 's improvements assuring Landlord that no mechanic’s 's liens will be asserted against Landlord’s 's interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s 's contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “"Contractors”") will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s 's interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s 's suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s 's fees, suffered or incurred as a result of any such lien against Landlord’s 's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s 's or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (3020) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 1 contract
Mechanic’s Liens. No Tenant will pay or cause to be paid all costs for Repairs, Alterations and any work performed done by Tenant pursuant or caused to this Lease, whether be done by Tenant on or in the nature Leased Premises of erection, construction, alteration a character which will or repair, shall be deemed to be for may result in liens on Landlord’s interest therein or 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises Building, the Parking Garage or the property of which Property. Tenant will keep the Premises are a part. Said contracts and subcontracts shall provideLeased Premises, among other thingsBuilding, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers Parking Garage and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit Property free and clear of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; all mechanics’ liens and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractorsother liens. Tenant shall pay promptly hereby agrees to indemnify, defend and hold harmless Landlord from and against all persons furnishing labor liability, loss, damage, costs or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 Landlordexpenses, including reasonable attorneys’ fees and interest incurred by on account of any claims of any nature whatsoever, including lien claims of laborers, materialmen, or others, for work actually performed for, or for materials or supplies actually furnished to, Tenant or persons claiming under Tenant. Should any liens be filed or recorded against the Leased Premises, Building, Parking Garage or Property or should any action affecting the title thereto be commenced, as a result of Tenant’s actions, Tenant will cause such liens to be removed of record within 30 days after notice from Landlord. If Tenant desires to contest any claim of lien, Tenant will furnish to Landlord either adequate security equal to 150% of the amount of the claim and, if a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant will pay and satisfy the same and thereafter Landlord shall promptly refund Tenant’s security. If Tenant is in defending default in paying any charge for which a mechanic’s lien or suit to foreclose the lien has been recorded or filed, and has not caused the same to be released of record or has not given Landlord security as above required, Landlord may (but without being required to do so) pay such lien or claim and any costs or obtain a bond or title insurance protection against such lien or in procuring and the bonding or discharge of such lienamount so paid, together with interest thereon at the Default Ratereasonable attorneys’ fees incurred in connection therewith, shall will be immediately due and payable by from Tenant to Landlord as Additional RentLandlord.
Appears in 1 contract
Sources: Commercial Lease (Starz)
Mechanic’s Liens. No work performed by (A) Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration shall pay or repair, shall be deemed cause to be paid all costs for the immediate use and benefit of Landlord so that no mechanic’s work done by it or other lien shall caused to be allowed against the estate of Landlord done by reason of any consent given by Landlord to Tenant to improve it on the Premises, and Tenant shall keep the Premises free and clear of all mechanic's liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any all liability, loss, damage, costs, attorneys' fees and all costs other expenses on account of claims of lien of laborers or materialmen or others for work performed or material or supplies furnished for Tenant or persons claiming under Tenant and expenses, including reasonable attorney’s fees, suffered Landlord shall have a similar obligation to Tenant for work or incurred as a result material furnished to Landlord.
(B) Within thirty days after the filing of any such mechanic's lien or claim of lien, Tenant shall either:
1. have discharged the lien from the Premises by payment or by recording a sufficient bond as provided by law, or
2. have purchased and delivered to Landlord a title insurance policy insuring Landlord against Landlord’s interest that may be filed the lien. If a final judgment establishing the validity or claimed existence of a claim or lien for any amount is entered, Tenant shall pay and satisfy the same immediately.
(C) If Tenant shall fail to comply with the requirements of subparagraph (B) above, Landlord shall have the right, but not the obligation, to pay the lien or claim of lien, regardless of any dispute over its validity, and the amounts so paid, together with reasonable attorneys' fees and any other costs or expenses incurred in connection with or arising out of work undertaken by the Contractors. lien, shall be immediately due and payable from Tenant shall pay promptly all persons furnishing labor or materials with respect to Landlord.
(D) Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time lien claims be filed against the Premises or any action affecting the property of which title to the Premises are a part by reason of workbe commenced, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
(E) All references herein to "Lien" or "mechanic's lien. If Tenant " shall fail refer only to cause such a mechanic's lien to be so discharged or bonded after being notified claim of lien which states that work has been completed on the filing thereof, then, in addition to being an Event of Default Premises and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be duepayment has not been forthcoming, and shall not include any statutory notice of record which are for the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring sole purpose of stating that work has commenced on the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentPremises.
Appears in 1 contract
Sources: Lease Agreement (Eateries Inc)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of Airport Network must not permit any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no mechanics’ lien for labor or materials will be filed furnished or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge alleged to have been furnished to it to attach to any such lien filed by any portion of the Contractor’s suppliersService Equipment, laborersthe Airport, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from this Agreement in any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect way relating to any work performed by Tenant or its Contractors on at the direction of Airport Network. Upon making payments to Subcontractors, Airport Network must obtain from each Subcontractor a waiver of mechanics’ liens against any portion of the Service Equipment, the Airport, or about this Agreement arising out of any Work done by the PremisesSubcontractor and each and every of the Subcontractor’s materialmen and workmen. If If, nonetheless, any mechanic’s such mechanics’ lien is filed upon any portion of the Service Equipment, the Airport, or other liens shall at this Agreement, Airport Network must indemnify, protect, defend and save harmless the City against any time be filed against the Premises loss, liability or the property of which the Premises are a part expense whatsoever by reason of workthe mechanic’s lien and must promptly and diligently proceed with or defend, laborat its own expense, services the action or materials performed proceedings as may be necessary to remove the lien. Airport Network must deliver notice to the Commissioner of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against or claim within 15 days after Airport Network has knowledge of it. Airport Network may permit the interest mechanics’ lien to remain undischarged and unsatisfied during the period of Landlord or Tenantthe contest and appeal; provided that, Tenant shall cause upon request by the same Commissioner, Airport Network must post a bond with the City equal to be discharged 150% of record or bonded to the satisfaction amount of Landlord within thirty (30) days of notice of such the lien. If Tenant shall fail the lien is stayed and the stay later expires or if by nonpayment of any lien any portion of the Service Equipment, the Airport, or this Agreement will be, or is claimed to be, subject to loss or forfeiture, then Airport Network must immediately pay and cause such lien to be so satisfied and discharged or bonded after being notified of the filing thereoflien. If Airport Network fails to do so, thenthe Commissioner may, in addition 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 shall immediately be payable by Airport Network as Additional Fees. Failure to being post a bond when requested by the Commissioner or pay such Additional Fees shall be an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentDefault.
Appears in 1 contract
Mechanic’s Liens. No work performed by 10.1 Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration shall pay or repair, shall be deemed cause to be paid all costs for work done by it or caused to be done by it on the immediate use Demised Premises or Improvements, and benefit Tenant will keep the Demised Premises free and clear of Landlord so that no all mechanic’s liens and other liens due to work done for Tenant or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premisespersons claiming under Tenant. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any all liability, loss, damage, costs, attorneys’ fees and all costs and expensesother expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor not suffer or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If permit any mechanic’s ’s, materialmen’s, attachment, execution or other liens shall at any time or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the property of which Demised Premises and its interest in the Premises are a part by reason of workImprovements, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether is provided for in Article 20 hereof. If any such lien is asserted against the interest of Landlord liens, stop notices or Tenantsimilar proceedings are filed or commenced, Tenant shall shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If by bonding; provided, however, that Tenant shall fail have the right to cause contest, with due diligence, the validity or amount of any such lien to or stop notice once discharged of record.
10.3 Nothing in this Lease shall be so discharged deemed or bonded after being notified of construed in any way as constituting the filing thereof, then, in addition to being an Event of Default and any other right consent or remedy request of Landlord, Landlord may bond express or discharge implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the same by paying performance of any labor or the amount claimed furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be duemade on the Demised Premises by Tenant, and nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the amount so paid rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at parties shall contain the Default Rate, shall be due and payable by Tenant statutorily required disclosures to Landlord as Additional Renteffectuate this concept.
Appears in 1 contract
Mechanic’s Liens. No work performed TENANT further agrees that TENANT shall pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and shall indemnify LANDLORD against all expenses, costs, and charges, including bond premiums for release or transfer of liens and attorney's fees and costs reasonably incurred in and about the defense of any suit in discharging the said Premises or any part thereof from any liens, judgements, or encumbrances caused or suffered by Tenant pursuant TENANT. In the event any such lien shall be made or filed, TENANT shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties hereto that the expenses, costs and charges above referred to this Leaseshall be considered as rent due and shall be included in any lien for rent. TENANT shall not have any authority to create any liens for labor, whether materials or improvements on LANDLORD's interest in the nature Leased Premises, and TENANT shall place all persons contracting with TENANT for the destruction or removal of any facilities or other improvements or for the erection, constructioninstallation, alteration alteration, or repairrepair of any facilities or other improvements on or about the Leased Premises, and all materialmen, suppliers, contractors, subcontractors, mechanics, and laborers on notice that they must look only to TENANT and to TENANT's interest in the Leased Premises to secure the payment of any charges for work done or material furnished at the request or instruction of TENANT or any party contracting with or through the TENANT. The TENANT shall not be deemed to be for the immediate use and benefit agent of Landlord the LANDLORD, so that no mechanic’s as to confer upon a laborer bestowing labor upon the Leased Premises, or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest upon a materialman who furnishes material incorporated in the Premises or construction of improvements upon the property Leased Premises, a mechanics' lien upon the LANDLORD'S estate under the provisions of which the Premises are a part. Said contracts and subcontracts shall provideChapter 713, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under TenantFlorida Statutes, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing subsequent revisions thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 1 contract
Sources: Office Building Net Lease (Take to Auction Com Inc)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts For improvements that cost in excess of $150,000, Tenant shall cause its general contractor to execute and subcontracts shall provide, among other thingsfile a waiver of the right to file mechanics’ liens against the Premises, the following: That notwithstanding anything Building, and the Project and Tenant shall provide Landlord with copies of all filed mechanics’ lien waivers before Landlord will authorize the commencement of any work in said contracts the Premises. Landlord shall have the right to post and keep posted in the Premises notices of non-responsibility, or subcontracts such other notices as Landlord may deem to be proper for the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit protection of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the ContractorsPremises. Tenant shall pay promptly all persons furnishing labor discharge, by bond or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If otherwise, any mechanic’s or other liens shall at any time be lien filed against the Premises or against the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged Project for work claimed to have been performed done for, or furnishedmaterials claimed to have been furnished to, Tenant within 10 business days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Premises and the Project free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to Tenant pay such claim or post a bond or otherwise provide security to anyone holding eliminate the Premises through or under Tenant, and regardless of whether any such lien is asserted as a claim against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded title to the satisfaction of Landlord within thirty (30) days of notice of such lienProject and the cost thereof shall be due from Tenant as Additional Rent. If Tenant shall fail lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or creditor of Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to cause such lien to be so discharged or bonded after being notified removable personal property of Tenant located within the Premises. In no event shall the address of the filing thereofProject be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, then, located in addition to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge the same identified suite held 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentTenant.
Appears in 1 contract
Mechanic’s Liens. No work performed Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance (on behalf of or for the benefit of Landlord) by Tenant pursuant any contractor, laborer, materialman or vendor, of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to this Leasethe Leased Premises or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, whether services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the nature of erectionLeased Premises or any part thereof through or under the Tenant, construction, alteration or repair, 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts liens for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, shall attach to or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against affect the interest of Landlord in and to the Leased Premises. Tenant will not file, nor will it permit or Tenantsuffer any contractor or subcontractor, materialman or mechanic or other person under it to file, nor shall any contractor, subcontractor, materialman or mechanic file any mechanics’ lien or other liens or claims for work done or materials furnished in or about the Leased Premises against the Leased Premises, the Building or the Leased Premises. Unless Landlord otherwise agrees, in writing, prior to the commencement of any work on the Leased Premises, Tenant shall file in the office of the Prothonotary of the county where the Leased Premises is located a waiver of the right to file liens which shall be in the usual form for such waivers, such form to be approved by the Landlord. Landlord’s consent to any such work shall not be deemed to mean that the work is for the benefit of Landlord. Notwithstanding the foregoing, if any mechanics’ or other lien shall be filed against the Leased Premises purporting to be for labor or material furnished or to be furnished at the request of Tenant, then Tenant shall, at its expense, cause the same such lien to be discharged of record by payment, bonded over or bonded to the satisfaction of Landlord other adequate security provided, within thirty (30) days of notice of such lienafter the filing thereof. If Tenant shall fail to cause such lien to be so discharged of record within such thirty-day period, or, if such lien is contested by Tenant and Tenant fails to provide adequate security for Landlord’s protection; then Landlord may cause such lien to be discharged by payment, bond or bonded after being notified of otherwise, without investigation as to the filing thereofvalidity thereof or as to any offsets or defenses thereto, thenand Tenant shall, upon demand, reimburse Landlord for all reasonable amounts paid and costs incurred including attorneys’ fees, in addition to being an Event of Default and 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 having such lien or in procuring the bonding or discharge discharged of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentrecord.
Appears in 1 contract
Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Mechanic’s Liens. (a) No work performed by Tenant the Contractor pursuant to this Leasethe Agreement, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord SARAA so that no mechanic’s 's or other lien shall be allowed against the estate of Landlord SARAA by reason of any consent given by Landlord the SARAA to Tenant the Contractor to improve the PremisesAirport. Tenant The Contractor shall place such contractual provisions as Landlord may request in all contracts (if directly performing work at the Airport) or shall cause Contractor’s contractor (if work is being performed under the Agreement by a contractor engaged by Contractor) timely file a duly executed and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s fully effective waiver of mechanics liens will be asserted against Landlord’s interest under the Pennsylvania Mechanics Lien Law in the Premises Office of the Prothonotary of Dauphin County or Cumberland County, as applicable. Contractor agrees, and any contracts or subcontracts entered into by the property of which Contractor for work at the Premises are a part. Said contracts and subcontracts Airport shall provide, among other things, the following: That that notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s the Contractor and all contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenantthe Contractor; that no lien for labor or materials will be filed or claimed by against the Contractors against Landlord’s SARAA's interest in the Premises or the property of which the Premises are a partAirport; that the Contractors Contractor will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractorsfiled; and that the Contractors Contractor will indemnify and save Landlord the SARAA harmless from any and all costs and expenses, including reasonable attorney’s attorneys' fees, suffered or incurred as a result of any such lien against Landlord’s the SARAA's interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant Contractor.
(b) Contractor shall pay promptly when due all persons furnishing labor or materials with respect to any work performed by Tenant the Contractor or its Contractors contractors on or about the PremisesAirport. If any mechanic’s 's or other liens shall at any time be filed against the Premises or the property of which the Premises are a part Airport by reason of work, labor, services or materials performed of or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under TenantContractor, and regardless of whether any such lien is asserted against the interest of Landlord the SARAA or Tenantthe Contractor, Tenant the Contractor shall within ten (10) days cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienthe SARAA. If Tenant the Contractor shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, then in addition to being an Event of Default and any other right or remedy of Landlordthe SARAA, Landlord the SARAA may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlordthe SARAA, including reasonable attorneys’ ' fees incurred by Landlord the SARAA either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Raterate of fifteen percent (15%), shall be due and payable by Tenant the Contractor to Landlord as Additional RentSARAA upon demand.
Appears in 1 contract
Sources: General Terms and Conditions
Mechanic’s Liens. No work performed by Tenant pursuant shall pay, or cause to this Leasebe paid, whether all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics’ liens and other liens resulting from any Work. Prior to the commencement of any Work costing more than an amount equal to $25,000.00, or the supply or furnishing of any labor, services and/or materials in connection with any such Work, Tenant shall provide Landlord with a labor and material payment bond, a letter of credit or other security satisfactory to Landlord in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant’s payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the nature prosecution of erection, construction, alteration or repairthe Work. Said payment bond shall name Landlord as a primary obligee, shall be deemed given by a surety which is satisfactory to be for the immediate use Landlord, and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of in such form as Landlord by reason of any consent given by Landlord to Tenant to improve the Premisesshall approve in its sole discretion. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in have the Premises right to contest the correctness or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result validity of any such lien against if, immediately on demand by Landlord’s interest that may be filed or claimed , it procures and records a lien release bond issued by a responsible corporate surety in connection with or arising out an amount sufficient to satisfy statutory requirements therefor in the State of work undertaken by the ContractorsWashington. Tenant shall promptly pay promptly or cause to be paid all persons furnishing labor or materials sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any work performed judgment obtained by Tenant the claimant in its suit or its Contractors before such judgment becomes a lien on or about the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic’s or other liens liens, then Landlord may (but shall at any time not be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, thenobligated to), in addition to being an Event of Default and any other right rights or remedy of Landlordremedies it may have, Landlord may bond or discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the same by paying the amount claimed to be dueclaim, (ii) procuring and the amount so paid by recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord’s demand, all reasonable costs (including reasonable attorneys’ fees attorney fees) incurred by Landlord either in defending against settling and discharging such lien or in procuring the bonding or discharge of such lien, together with interest thereon at in accordance with Section 39 captioned “Interest on Unpaid Rent” from the Default Rate, date of Landlord’s payment of said costs. Landlord’s payment of such costs shall be due and payable by not waive any default of Tenant to Landlord as Additional Rentunder this Section.
Appears in 1 contract
Sources: Lease Amendment (iVOW, Inc.)
Mechanic’s Liens. No (a) Prior to the making of any alterations or changes or the performance of any construction or work performed or authorized by Tenant pursuant which may give rise to this Leasea mechanic's lien, whether Tenant shall provide to Landlord in the nature of erection, construction, alteration or repair, shall be deemed form and substance acceptable to be Landlord assurance that payment for the immediate use same will be made by Tenant, and benefit of Tenant hereby completely and fully indemnifies Landlord, and agrees to defend and hold Landlord so that no harmless from and against, any mechanic’s 's lien or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed claim in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. therewith.
(b) If any mechanic’s 's, laborer's, or other liens materialman's lien shall at any time be filed against the Demised Premises or the property of which the Premises are a any part thereof by reason of work, labor, services work performed by or materials performed at the direction of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant within fifteen (15) days after notice of the filing thereof, shall cause the same it to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienrecord. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of within the filing thereofperiod aforesaid, then, then in addition to being an Event of Default and any other right or remedy of Landlordremedy, the Landlord may bond or may, but shall not be obligated to, discharge the same it either by paying the amount claimed to be duedue or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if it so elects to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord, including reasonable attorneys’ fees Landlord and all costs and expenses incurred by Landlord either it in defending against such lien or in procuring the bonding or discharge of such lienconnection therewith, together with interest thereon at the Default Effective Rate, from the respective dates of the making of the payments and incurring of the costs and expenses, shall be immediately due and payable by the Tenant to Landlord Landlord.
(c) Nothing in this Lease contained shall be deemed or construed in any way as Additional Rentconstituting the consent or request of Landlord, express or implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific alteration, addition, improvement or repair to the Demised Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the Demised Premises or any part thereof.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant shall pay, or cause to this Leasebe paid, whether all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Property free and clear of all mechanics' liens and other liens resulting from any Work. Prior to the commencement of any Work or the supply or furnishing of any labor, services and/or materials in connection with any Work, Tenant shall provide Landlord with a labor and material payment bond in an amount equal to one hundred percent (100%) of the aggregate price of all contracts therefor, with release of the bond conditioned on Tenant's payment in full of all claims of lien claimants for such labor, services and/or materials supplied in the nature prosecution of erection, construction, alteration or repairthe Work. Said payment bond shall name Landlord as a Primary obligee, shall be deemed given by a surety which is satisfactory to be for the immediate use Landlord, and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of in such form as Landlord by reason of any consent given by Landlord to Tenant to improve the Premisesshall approve in its sole discretion. Tenant shall place such contractual provisions as Landlord may request have the right to contest lien release bond issued by a responsible corporate surety in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest an amount sufficient to satisfy statutory requirements there in the Premises or the property State of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the ContractorsWashington. Tenant shall Promptly pay promptly or cause to be paid all persons furnishing labor or materials sums awarded to the claimant on its Suit, and, in any event, before any execution is issued with respect to any work performed judgment obtained by Tenant the claimant in its suit or its Contractors before such judgment becomes a lien on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien whichever is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of notice of such lienearlier. If Tenant shall fail be in default under this Section, by failing to cause such lien to provide security for or satisfaction of any mechanic's or other liens, then Landlord may (but shall not be so discharged or bonded after being notified of the filing thereof, thenobligated to), in addition to being an Event of Default and any other right rights or remedy of Landlordremedies it may have, Landlord may bond or discharge said lien by (i) paying the claimant an amount Sufficient to settle and discharge the same by paying the amount claimed to be dueclaim, (ii) procuring and the amount so paid by recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord's demand, all costs (including reasonable attorneys’ fees attorney fees) incurred by Landlord either in defending against settling and discharging such lien or in procuring the bonding or discharge of such lien, together with interest thereon at in accordance with Section 39 captioned "Interest on Unpaid Rent" from the Default Rate, date of Landlord's payment of said costs. Landlord's payment of such costs shall be due and payable by not waive any default of Tenant to Landlord as Additional Rentunder this Section.
Appears in 1 contract
Sources: Office Lease (Microvision Inc)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration will pay or repair, shall be deemed cause 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and paid all costs and expensescharges for: (i) work done by Tenant or caused to be done by Tenant, including reasonable attorney’s fees, suffered in or incurred as a result of any such lien against Landlord’s interest that may be filed to the Premises; and (ii) materials furnished for or claimed in connection with or arising out of work undertaken by the Contractorssuch work. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about 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 mechanic’s or other liens shall such lien, at any time time, is filed against the Premises, or any part of the Project, Tenant will cause such lien to be discharged of record within thirty (30) days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such thirty (30) day period, security reasonably satisfactory to Landlord of at least 100% of the amount of the claim, plus estimated costs and interests (or such larger sum as Landlord's title insurance company may require in order to insure over such lien). If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will immediately pay and satisfy the same. If Tenant fails to pay any charge for which a mechanic's lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with 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 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 property Project or any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it will immediately give Landlord written notice of furnishedsuch notice. At least fifteen (15) days prior to the commencement of any work (including, but not limited to, any maintenance, repairs or alleged to have been performed or furnished, to Tenant Alteration) in or to anyone holding the Premises through Premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of will give Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereofpersons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices, thenif applicable, on the Premises or in addition the public records in order to being an Event of Default and any other right or remedy of Landlord, Landlord may bond or discharge protect 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 Premises against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.
Appears in 1 contract
Mechanic’s Liens. No work performed by If Tenant pursuant to this Lease, whether makes any alterations or improvements in the nature of erectionPremises, construction, alteration or repair, Tenant must pay for same when made. Nothing in the Lease shall be deemed construed to be for authorize Tenant or anyone dealing with or under Tenant, to charge the immediate use and benefit rents of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises , or the property of which the Premises are form a part. Said contracts , or the interest of Landlord in the estate of the Premises, or any person under and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s through whom Landlord has acquired its interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any estate of the ContractorPremises, with a mechanic’s supplierslien or encumbrance of any kind, laborersand under no circumstances shall Tenant be construed to be the agent, materialmen employee or subcontractors; and that representative of Landlord in the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result making of any such lien against Landlord’s interest that may be filed alterations or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect improvements to any work performed by Tenant or its Contractors on or about the Premises. If any a mechanic’s or other liens shall at materialmen’s lien is threatened by any time be filed against the Premises contractor or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnishedsupplier, or alleged in the event of the filing of a notice of any such lien, Tenant will promptly pay same and take steps immediately to have been performed or furnished, to Tenant or to anyone holding same removed. If the Premises through or under Tenant, and regardless of whether any such lien is asserted against not removed within ten (10) days from the interest date of written notice from Landlord, Landlord or Tenant, Tenant shall have the right at Landlord’s option to cause the same to be discharged by record of record payment, deposit, bond or bonded order of a court of competent jurisdiction or otherwise, or to the satisfaction of Landlord within thirty (30) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified pay any portion thereof and of the filing thereof, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienand expenses connected therewith, together with interest thereon on all of the foregoing at the Default Rateper annum rate equal to the lesser of eighteen percent (18%) or the maximum rate permitted by law, shall be due and payable by from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of ▇▇▇▇. 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 repairs, installations or improvements made by Tenant. Tenant will provide insurance certificates from all contractors performing Tenant’s work in form and substance as Additional Rentis 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 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, Landlord’s reversionary interest or other estate or interest of Landlord in the Premises.
Appears in 1 contract
Sources: Funding Agreement
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Project in connection therewith. Upon completion of which the Premises are a part by reason of any such work, laborTenant shall deliver to Landlord final lien waivers from all contractors, services or materials subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of furnished, or alleged to have been performed or furnished, the filing thereof to Tenant (or such earlier time period as may be necessary to anyone holding prevent the Premises through forfeiture of the Premises, Project or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord therein or Tenantthe imposition of a civil or criminal fine with respect thereto), Tenant shall either (1) pay the amount of the lien and cause the same lien to be discharged released of record record, or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Omtool LTD)
Mechanic’s Liens. No work performed by (A) Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration shall pay or repair, shall be deemed cause to be paid all costs for the immediate use and benefit of Landlord so that no mechanic’s work done by it or other lien shall caused to be allowed against the estate of Landlord done by reason of any consent given by Landlord to Tenant to improve it on the Premises, and Tenant shall keep the Premises free and clear of all mechanic's liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any all liability, loss, damage, costs, attorneys' fees and all costs other expenses on account of claims of lien of laborers or materialmen or others for work performed or material or supplies furnished for Tenant or persons claiming under Tenant and expenses, including reasonable attorney’s fees, suffered Landlord shall have a similar obligation to Tenant for work or incurred as a result material furnished to Landlord.
(B) Within thirty days after the filing of any such mechanic's lien or claim of lien, Tenant shall either: have discharged the lien from the Premises by payment or by recording a sufficient bond as provided by law, or have purchased and delivered to Landlord a title insurance policy insuring Landlord against Landlord’s interest that may be filed the lien. If a final judgment establishing the validity or claimed existence of a claim or lien for any amount is entered, Tenant shall pay and satisfy the same immediately.
(C) If Tenant shall fail to comply with the requirements of subparagraph (B) above, Landlord shall have the right, but not the obligation, to pay the lien or claim of lien, regardless of any dispute over its validity, and the amounts so paid, together with reasonable attorneys' fees and any other costs or expenses incurred in connection with or arising out of work undertaken by the Contractors. lien, shall be immediately due and payable from Tenant shall pay promptly all persons furnishing labor or materials with respect to Landlord.
(D) Should any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time lien claims be filed against the Premises or any action affecting the property of which title to the Premises are a part by reason of workbe commenced, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
(E) All references herein to "Lien" or "mechanic's lien. If Tenant " shall fail refer only to cause such a mechanic's lien to be so discharged or bonded after being notified claim of lien which states that work has been completed on the filing thereof, then, in addition to being an Event of Default Premises and any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be duepayment has not been forthcoming, and shall not include any statutory notice of record which are for the amount so paid by Landlord, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring sole purpose of stating that work has commenced on the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional RentPremises.
Appears in 1 contract
Sources: Lease Agreement (Eateries Inc)
Mechanic’s Liens. No All work performed performed, materials furnished, or obligations incurred by or at the request of a Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, Party shall be deemed to be for the immediate use authorized and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord ordered by reason of any consent given by Landlord to Tenant to improve the Premises. only, and Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no not permit any mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property Complex in connection therewith. Upon completion of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenantwork, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to
(1) pay the amount of the lien and cause the same lien to be discharged released of record record; or bonded (2) diligently contest such lien and deliver to the satisfaction of Landlord within thirty (30) days of notice of such liena bond or other security reasonably satisfactory to Landlord. If Tenant shall fail fails to cause timely take either such action, then Landlord may pay the lien to be so discharged or bonded after being notified of the filing thereofclaim, then, in addition to being an Event of Default and 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 amounts so paid by Landlordpaid, including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rateexpenses and interest, shall be due and payable paid by Tenant to Landlord as Additional Rentwithin ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Complex or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless Landlord, its Property Manager, Invesco, any subsidiary or affiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the “Landlord Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. The foregoing indemnity shall survive termination or expiration of this Lease.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant to this LeaseSeller shall keep the Purchaser Parcel at all times free of mechanics' liens and any other liens for labor, whether in the nature services, supplies, equipment or materials purchased or procured, directly or indirectly, by, through or under Seller (collectively, "Liens"). Seller agrees that it will promptly pay and satisfy all Liens of erection, construction, alteration or repair, 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliersmechanics, laborers, materialmen or subcontractors; and that others of like character, and shall indemnify Purchaser and its successors, assigns, owners, shareholders, partners, members, employees, officers, representatives and present and future mortgagees against all liabilities, expenses, costs and charges, including, without limitation, bond payments for release of Liens and reasonable attorneys' fees and costs incurred in and about the Contractors will indemnify and save Landlord harmless defense of any suit in discharging the Purchaser Parcel from any and all costs and expensesLiens, including reasonable attorney’s feesclaims, judgments or encumbrances, caused or suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of workby, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether Seller. In the event any such lien is asserted Liens, claims, judgments or encumbrances shall be made or filed, Seller shall bond against the interest of Landlord or Tenant, Tenant shall cause discharge the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (30) days of after receiving written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, thenof the same. Failure of Seller to comply with its obligations under the preceding sentence shall be deemed a default by Seller hereunder (without the need for Purchaser to serve Seller notice as otherwise required under Paragraph 11 below). In addition, in addition to being an Event of Default the event any such Liens, claims, judgments or encumbrances shall be made or filed, Purchaser, at its sole election, may pay and any other right satisfy the same, or remedy of Landlord, Landlord may bond or discharge off the same by paying and, in any such event, the amount claimed to be due, and the amount sums so paid by LandlordPurchaser, and all actual and other expenses (including reasonable attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lienattorney’s fees), together with interest thereon on all of the foregoing at eighteen percent (18%) per annum, from the Default Ratedate of Purchaser's payment, shall be due and payable by Tenant from Seller to Landlord as Additional RentPurchaser within ten (10) days after Purchaser's delivery to Seller of written demand for payment of the same, with accompanying sufficient supporting documentation. SELLER SHALL NOT HAVE ANY AUTHORITY TO CREATE ANY LIENS FOR LABOR OR MATERIAL ON THE PURCHASER PARCEL AND ALL PERSONS CONTRACTING WITH SELLER FOR THE PERFORMANCE OF ANY SERVICES, SUPPLY OF ANY MATERIALS OR PROVISION OF ANY LABOR FOR ANY WORK DONE IN, ON OR AROUND THE PURCHASER PARCEL, AND ALL MATERIALMEN, CONTRACTORS, SUPPLIERS, MECHANICS AND LABORERS ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK SOLELY TO SELLER TO SECURE PAYMENT OF ANY B▇▇▇ FOR WORK DONE OR MATERIAL FURNISHED AT THE REQUEST OR INSTRUCTION OF SELLER.
Appears in 1 contract
Sources: Real Estate Purchase Agreement (Florida Public Utilities Co)
Mechanic’s Liens. No work performed by Tenant pursuant Section 17.01. If, subject to and notwithstanding Landlord's consent as required under this Lease, whether 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 nature of erectionDemised Premises, construction, alteration or repairunder any circumstances, shall be deemed to be liable for the immediate use payment of any expense incurred or for the value of any work done or material furnished, and benefit of Landlord so that no mechanic’s or other lien all such changes, alterations, additions, improvements, installations and repairs and labor and material shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. made, furnished and performed upon Tenant's credit alone and at Tenant's expense, and Tenant shall place such contractual provisions as Landlord may request in all contracts be solely and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts wholly responsible to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, and materialmen furnishing and performing such labor and material. Nothing contained in this Lease shall be deemed or subcontractors; and that construed in any way as constituting the Contractors will indemnify and save Landlord harmless from consent or request of Landlord, express or implied, to any and all costs and expensescontractor, including reasonable attorney’s feeslaborer or materialman to furnish to perform any such labor or material.
Section 17.02. If, suffered or incurred as a result because of any such lien against Landlord’s interest that may be filed act or claimed in connection with omission (or arising out alleged act or omission) of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s 's or other liens lien, charge or order for the payment of money shall at any time be filed against the Demised Premises or the property of which the Premises are a part by reason of workBuilding or Landlord's estate as Tenant under any ground or underlying lease (whether or not such lien, laborcharge or order is valid or enforceable as such), services or materials performed of furnished, or alleged for work claimed to have been performed for, or furnishedmaterials furnished to, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant at Tenant's expense, shall cause the same it to be cancelled or discharged of record by bonding or bonded to the satisfaction of Landlord otherwise within thirty (30) days of notice of after such lien. If filing, and Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereofindemnify Landlord against and save Landlord harmless from and shall pay all reasonable costs, thenexpenses, in addition to being an Event of Default losses, fines and any other right or remedy of Landlordpenalties, Landlord may bond or discharge the same by paying the amount claimed to be dueincluding, and the amount so paid by Landlordwithout limitation, including reasonable attorneys’ ' fees incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentresulting therefrom.
Appears in 1 contract
Sources: Lease (Ultrafem Inc)
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic’s or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen material men (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within thirty (3020) days of notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rent.
Appears in 1 contract
Mechanic’s Liens. No work performed by Tenant pursuant to this Lease, whether in the nature Borrower shall pay when due all claims and demands of erection, construction, alteration or repair, 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 consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant’s improvements assuring Landlord that no mechanic’s liens will be asserted against Landlord’s interest in the Premises or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers mechanics, materialmen, laborers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien others for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on materials delivered for the Land or about the PremisesImprovements. If Notwithstanding the foregoing or Section 1.13 of this Mortgage, Borrower shall not be in default under this Mortgage for failure to pay or discharge any mechanic’s or other liens shall at any time be filed against the Premises or the property of which the Premises are a part by reason of work, labor, services or materials performed of furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such materialman’s lien is asserted against the interest Property if, and so long as: (i) Borrower shall have notified Lender of Landlord or Tenant, Tenant same within five (5) days of obtaining knowledge thereof; (ii) Borrower shall cause diligently and in good faith contest the same by appropriate legal proceedings which shall operate to prevent the enforcement or collection of the same and the sale of the Property or any part thereof, to satisfy the same; (iii) Borrower shall have furnished to Lender a cash deposit, or an indemnity bond satisfactory to Lender with a surety satisfactory to Lender, in the amount of the mechanic’s or materialman’s lien claim, plus a reasonable additional sum to pay all costs, interest and penalties that may be imposed or incurred in connection therewith, to assure payment or performance of the matters under contest and to prevent any sale or forfeiture of the Property or any part thereof; (iv) Borrower shall promptly upon final determination thereof pay the amount of any such claim so determined, together with all costs, interest and penalties which may be payable in connection therewith; (v) the failure to or pay the mechanic’s or materialman’s lien claim does not constitute a default under any other deed of trust, mortgage, or security interest covering or affecting any part of the Property; and (vi) notwithstanding the foregoing, Borrower shall immediately upon request of Lender pay (and if Borrower shall fail so to do, Lender may, but shall not be required to, pay or cause to be discharged of record or bonded against) any such claim, notwithstanding such contest, if in the reasonable opinion of Lender the Property shall be in jeopardy or in danger of being forfeited or foreclosed. The cash deposit or bond may be utilized to obtain title insurance insuring around the claim. Lender may pay over any such cash deposit or part thereof to the satisfaction claimant entitled thereto when a final judgment is entered against the Borrower or the Property or claimant commences foreclosure proceedings with respect to the Property, or Lender determines, with advice of Landlord within thirty (30) days of notice legal counsel, that the entitlement of such lien. If Tenant shall fail to cause such lien to be so discharged claimant is established, or bonded after being notified demand or a draw is made by the title company or the title company otherwise requires delivery or deposit elsewhere of all or any portion of the filing thereof, then, in addition to being an Event of Default and 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentcash deposit if title insurance is obtained.
Appears in 1 contract
Mechanic’s Liens. No Tenant will pay or cause to be paid all costs and charges for work performed (a) done by Tenant pursuant or caused to be done by Tenant, in or to the Premises unless provided otherwise within this Lease, whether in the nature of erection, construction, alteration or repair, Lease that Landlord shall be deemed to be responsible for the immediate use cost, and benefit of Landlord so that no mechanic’s (b) for all materials furnished for or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premisesin connection with such work. Tenant shall place such contractual provisions as will indemnify Landlord may request in against and hold Landlord, the Premises and the Project free, clear and harmless of and from all contracts and subcontracts for Tenant’s improvements assuring Landlord that no 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 of at least 150% of the amount of the claim, plus estimated costs and 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 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 asserted against immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord subject Landlord’s interest in the Premises Project to liability under any mechanics’ or the property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts or subcontracts to the contrary, Tenant’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the work and/or furnish the required materials on the sole credit of Tenant; that no lien for labor or materials will be filed or claimed by the Contractors against Landlord’s interest in the Premises or the property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, laborers, materialmen or subcontractors; and that the Contractors will indemnify and save Landlord harmless from any and all costs and expenses, including reasonable attorney’s fees, suffered or incurred as a result of any such lien against Landlord’s interest that may be filed or claimed in connection with or arising out of work undertaken by the Contractors. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its Contractors on or about the Premiseslaw. If any mechanic’s Tenant received notice that a lien has been or other liens shall at any time is about to be filed against the Premises or the property Project or any action affecting title to the Project has been commenced on account of which the Premises are a part work done by reason of work, labor, services or for or materials performed furnished to or for Tenant, it will immediately give Landlord written notice of furnishedsuch notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to, any material maintenance, repairs, alterations, additions, improvements or alleged to have been performed or furnished, to Tenant installations) in or to anyone holding the Premises through premises, by or under Tenant, and regardless of whether any such lien is asserted against the interest of Landlord or for Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of will give Landlord within thirty (30) days of written notice of such lien. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified the proposed work and the names and addresses of the filing thereof, then, persons supplying labor and materials for the proposed work. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in addition order to being an Event of Default and protect the Premises against 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 lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Tenant to Landlord as Additional Rentliens.
Appears in 1 contract
Sources: Office Lease (Go Daddy Group, Inc.)