Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant. (b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors. (c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 3 contracts
Sources: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Mechanic’s Liens. (a) Tenant shallshall not permit any mechanic's lien or any other liens, encumbrances, claims or charges to be placed on the Leased Premises, on the improvements thereon, on Landlord's interest therein, or upon Tenant's leasehold interest therein, during the Term and Renewal Term, if any, of this Lease, and in the event of the filing of any such lien, encumbrance, claim or charge, Tenant shall promptly have same removed or Tenant may contest the filing of any such lien if Tenant, at its expense, provides a bond acceptable to Landlord which protects the Leased Premises against such lien or provides other assurances or protections acceptable to Landlord that the lien will not attach to or otherwise adversely affect the Leased Premises. Tenant has no authority, express or implied, to create any lien, encumbrance, claim or charge of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord or of Tenant's option, including those who may furnish material or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid or provide bond for all costs for work done by it or caused to be done sums legally due and payable by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of labor performed or materials furnished in connection with any work done for Tenant or persons claiming under it. Tenant shall indemnify performed on the Leased Premises and that it will save and hold Landlord harmless from and defend Landlord against any liability, and all loss, damagecost or expense based on or arising out of asserted claims, costs liens, encumbrances or expensescharges against the leasehold estate or against the interest of Landlord in the Leased Premises or under the terms hereof, including reasonable attorneybut only to the extent that said liens are not created as a result of Landlord's fees, on account acts or omissions. Tenant agrees to give Landlord immediate written notice of the placing of any claims of any nature whatsoeverlien, including claims of liens of laborers charge, claim or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded encumbrance against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereofLeased Premises. Tenant shall thereafter cause such liens to not be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay discharge any such lien lien, encumbrance, claim or judgment and any costs, and charge as may be placed upon the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at Leased Premises by the Default Rate from the dates act of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 3 contracts
Sources: Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)
Mechanic’s Liens. (a) Tenant shallExcept for liens created through the act of Landlord, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against not suffer or permit any liability, loss, damage, costs mechanic’s lien or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished other lien to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any action affecting portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall at any time be filed or recorded against the title thereto be commenced due to Tenant's contracts with third partiesPremises, or any portion thereof, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens the same to be removed discharged of record within ten fifteen (15) days after the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before fifteen (15) days prior to the due date thereof (but in no event later than thirty (30) days after the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date thereof, if such lien involves an amount in excess of $50,000 or if any Mortgagee so requires, deposit with Landlord security (in form and content reasonably satisfactory to Landlord or Mortgagee) for the payment of the liensfull amount of such lien, and from time to time deposit additional security so that, at all times, adequate security will be available for the payment of the full amount of the lien together with all interest, penalties, costs and other charges in respect thereof. If a final judgment establishing Tenant complies with the foregoing, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or existence forfeiture of the Premises, or any part thereof, to satisfy the same, Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. The deposit held by the Landlord may be used to discharge the lien and any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to Tenant. Provided that nonpayment of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not to pay such lien during the period of Tenant’s contest. However, if Landlord pays for the discharge of a lien for or any part thereof from funds of Landlord, 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paidpaid by Landlord, together with reasonable attorney's all costs, fees incurred and expenses in connection therewiththerewith (including attorney’s fees of Landlord plus an administration fee equal to three percent (3%) of such costs and expenses), shall be immediately due from repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Default Rate Overdue Rate. Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, to the extent resulting from the dates assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien (other than any liens resulting solely from the acts of Landlord's payments, unless taken with the consent of Tenant or as a result of a default by Tenant under this Lease) or the attempt by Tenant to discharge same as above provided. No such contest may be prosecuted if it could subject Landlord shall be responsible for to any civil liability or the payment for all work risk of any criminal liability or otherwise adversely affect Landlord, the Premises or the Campus.
(including Landlord's Work)b) ALL MATERIALMEN, and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement DateCONTRACTORS, orARTISANS, thereafterENGINEERS, work performed by Landlord or its contractorsMECHANICS, LABORERS AND ANY OTHER PERSON NOW OR HEREAFTER FURNISHING ANY LABOR, SERVICES, MATERIALS, SUPPLIES OR EQUIPMENT TO TENANT WITH RESPECT TO THE PREMISES, OR ANY PORTION THEREOF, ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK EXCLUSIVELY TO TENANT TO OBTAIN PAYMENT FOR THE SAME. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES, MATERIALS, SUPPLIES, SKILL, MACHINERY, FIXTURES OR EQUIPMENT FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, OR ANY PORTION THEREOF.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of not create, permit or suffer, and, subject to the provisions of statutes such as Section 38-22-105(2paragraph 21(a) hereof, shall promptly discharge and satisfy of Colorado Revised Statutes (1973record, any other lien, encumbrance, charge, security interest, or other right or interest which, as amended). During any such work on a result of Tenant’s action or inaction contrary to the provisions hereof, shall be or become a lien, encumbrance, charge or security interest upon the Premises, Landlord and its representatives shall have or any portion thereof, or the right to go upon and inspect the Premises at all reasonable timesincome therefrom, and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2)other than Permitted Encumbrances.
Appears in 3 contracts
Sources: Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/)
Mechanic’s Liens. (a) Tenant shall, at Tenantshall not suffer or permit any mechanic's option, pay lien or cause other lien to be paid filed against the Premises, or provide bond for all costs for work done any portion thereof, by it reason of work, labor, skill, services, equipment or caused materials supplied or claimed to be done by it on have been supplied to the Premises at the request of a character which will Tenant, or may result in liens on Landlord's interest therein and Tenant will keep of anyone holding the Premises free and clear of all Premises, or any portion thereof, by, through or under Tenant. If any such mechanic's liens, and lien or other liens on account of work done for Tenant or persons claiming under it. Tenant lien at any time shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to portion thereof, Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten thirty (30) days after the date Tenant first becomes aware of the filing of the liens. If same, at Tenant's election, shall cause said lien either to be discharged of record or to be bonded over in a final judgment establishing the validity or existence of a lien for any amount manner which is entered, Tenant shall pay and satisfy the same at oncereasonably acceptable to Landlord. If Tenant shall be in default in paying any charge for which a fail to discharge such mechanic's lien or suit other lien or to foreclose bond over the lien has been recorded same within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or filed, Landlord may (but without being required to do so) pay by procuring the discharge of such lien as to the Premises by deposit of a cash sum or judgment and a bond or other security, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any costs, and the amount deposit so paidmade by Landlord, together with reasonable attorney's all costs, fees incurred and expenses in connection therewiththerewith (including reasonable attorneys' fees), together with interest thereon at the Maximum Rate of Interest, shall be immediately due from repaid by Tenant to Landlord with interest at within thirty (30) days after demand therefor. Tenant shall indemnify, defend and hold harmless Landlord and the Default Rate Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work)assertion, and the removal of all liens of record relating filing, foreclosure or other legal proceedings with respect to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)mechanic's lien or other lien.
Appears in 3 contracts
Sources: Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp)
Mechanic’s Liens. (a) Tenant shall, at Tenantshall not suffer or permit any mechanic's option, pay lien or cause other lien to be paid filed against the Premises, or provide bond for all costs for work done any portion thereof, by it reason of work, labor, skill, services, equipment or caused materials supplied or claimed to be done by it on have been supplied to the Premises at the request of a character which will Tenant, or may result in liens on Landlord's interest therein and Tenant will keep of anyone holding the Premises free and clear of all Premises, or any portion thereof, by through or under Tenant. If any such mechanic's liens, and lien or other liens on account of work done for Tenant or persons claiming under it. Tenant lien at any time shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to portion thereof, Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten thirty (30) days after the date Tenant first becomes aware of the filing of the liens. If same, at Tenant's election, shall cause said lien either to be discharged of record or to be bonded over in a final judgment establishing the validity or existence of a lien for any amount manner which is entered, Tenant shall pay and satisfy the same at oncereasonably acceptable to Landlord. If Tenant shall be in default in paying any charge for which a fail to discharge such mechanic's lien or suit liens or other lien or to foreclose bond over the lien has been recorded same within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or filed, Landlord may (but without being required to do so) pay by procuring the discharge of such lien as to the Premises by deposit of a cash sum or judgment and a bond or other security, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any costs, and the amount deposit so paidmade by Landlord, together with reasonable attorney's all costs, fees incurred and expenses in connection therewiththerewith (including reasonable attorneys' fees), together with interest thereon at the Maximum Rate of Interest, shall be immediately due from repaid by Tenant to Landlord with interest at within thirty (30) days after demand therefor. Tenant shall indemnify, defend and hold harmless Landlord and the Default Rate Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work)assertion, and the removal of all liens of record relating filing, foreclosure or other legal proceedings with respect to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)mechanic's lien or other lien.
Appears in 3 contracts
Sources: Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on The parties hereto expressly acknowledge and agree that the interest of Landlord in the Premises of a character which will or may result in shall not be subject to liens on Landlord's interest therein for improvements made by Tenant, and Tenant will keep shall so notify all contractors making any such improvements of such provision in this Lease. A notice of this provision shall be recorded by Landlord in the Premises free and clear of all mechanicMiami-Dade County, Florida Clerk's liens, and other liens on account of work done for Tenant or persons claiming under itoffice. Tenant shall indemnify and hold Landlord harmless not suffer or permit any mechanic's lien or other lien to be filed against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forthe Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or supplies furnished claimed to Tenant have been supplied to the Premises at the request of Tenant, or persons claiming of anyone holding the Premises, or any portion thereof, by, through or under Tenant.
(b) Should . If any liens such mechanic's lien or other lien at the time shall be filed or recorded against the Premises or any action affecting portion thereof and Tenant is the title thereto be commenced due to cause of same, Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten thirty (30) days after the date Tenant first becomes aware of the filing of the liens. If same, shall cause said lien, at Tenant's election, either to be discharged of record or to be bonded over in a final judgment establishing the validity or existence of a lien for any amount manner which is entered, Tenant shall pay and satisfy the same at oncereasonably acceptable to Landlord. If Tenant shall be in default in paying any charge for which a fail to discharge such mechanic's lien or suit liens or other lien or to foreclose bond over the lien has been recorded same within such period, then Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or filed, Landlord may (but without being required to do so) pay by procuring the discharge of such lien as to the Premises by deposit of a cash sum or judgment and a bond or other security, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any costs, and the amount deposit so paidmade by Landlord, together with reasonable attorney's all costs, fees incurred and expenses in connection therewiththerewith (including reasonable attorneys' fees), together with interest thereon at the Maximum Interest Rate, shall be immediately due from repaid by Tenant to Landlord with interest at within thirty (30) days after demand therefor. Tenant shall indemnify, defend and hold harmless Landlord and the Default Rate Premises from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work)assertion, and the removal of all liens of record relating filing, foreclosure or other legal proceedings with respect to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)mechanic's lien or other lien.
Appears in 2 contracts
Sources: Commercial/Industrial Building Lease (World Diagnostics Inc), Commercial/Industrial Building Lease (World Diagnostics Inc)
Mechanic’s Liens. Tenant shall pay, or cause to be paid, 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 (a100%) Tenant shallof the aggregate price of all contracts therefor, at with release of the bond conditioned on Tenant's optionpayment in full of all claims of lien claimants for such labor, services and/or materials supplied in the prosecution of the Work. Said payment bond shall name Landlord as a primary obligee, shall be given by a surety which is satisfactory to Landlord, and shall be in such form as Landlord shall approve in its sole discretion. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in its suit or provide bond for all costs for work done by it or caused to be done by it before such judgment becomes a lien on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liensPremises, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. If a final judgment establishing the validity or existence of a lien for any amount whichever is entered, Tenant shall pay and satisfy the same at onceearlier. If Tenant shall be in default in paying under this Section, by failing to provide security for or satisfaction of any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filedother liens, then Landlord may (but without being required shall not be obligated to), in addition to do soany other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and 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 attorney fees) incurred by Landlord in settling and discharging such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred interest thereon in connection therewith, shall be immediately due from Tenant to Landlord accordance with interest at the Default Rate Section 39 captioned "Interest on Unpaid Rent" from the dates date of Landlord's paymentspayment of said costs. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal payment of all liens such costs shall not waive any default of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsTenant under this Section.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 2 contracts
Sources: Office Lease (Amazon Com Inc), Office Lease (Amazon Com Inc)
Mechanic’s Liens. (a) Tenant shallExcept for liens created by or through the act of Landlord, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against not suffer or permit any liability, loss, damage, costs mechanic’s lien or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished other lien to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any action affecting portion thereof, through or under Tenant. If any such mechanic’s lien or other lien shall at any time be filed or recorded against the title thereto be commenced due to Tenant's contracts with third partiesPremises, or any portion thereof, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens the same to be removed discharged of record or bonded over within ten sixty (60) calendar days after the date that Tenant receives notice of filing or recording of the same. However, in the event Tenant desires to contest the validity of any lien it shall (i) on or before thirty (30) calendar days prior to the due date thereof (but in no event later than sixty (60) calendar days after the filing or recording thereof), notify Landlord, in writing, that Tenant intends to so contest same; (ii) on or before the due date thereof, if such lien involves an amount in excess of $100,000, bond over or deposit with Landlord security (in form and content reasonably satisfactory to Landlord) for the payment of the liensfull amount of such lien, and from time to time deposit additional security so that, at all times, adequate security will be available for the payment or bonding over of the full amount of the lien together with all interest, penalties, costs and other charges in respect thereof. If a final judgment establishing Tenant complies with the foregoing, and Tenant continues, in good faith, to contest the validity of such lien by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or existence forfeiture of the Premises, or any part thereof, to satisfy the same, Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. If an Event of Default exists, Landlord may apply any deposit then held by Landlord with respect to any such lien to discharge such lien. If no Event of Default exists, then any deposit then held by Landlord will be so applied upon Tenant’s written direction. Any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to Tenant. Provided that nonpayment of such lien does not cause Landlord to be in violation of any of its contractual undertakings, Landlord agrees not to pay such lien during the period of Tenant’s contest. However, if Landlord pays for the discharge of a lien or any part thereof from funds of Landlord (and not amounts deposited with Landlord by Tenant for such event), 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paidpaid by Landlord, together with reasonable attorney's all costs, fees incurred and expenses in connection therewiththerewith (including attorney’s fees of Landlord plus an administration fee equal to 5% of such costs and expenses), shall be immediately due from repaid by Tenant to Landlord on demand by Landlord, together with interest thereon at the Default Rate Overdue Rate. Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including attorney’s fees, resulting from the dates of Landlord's paymentsassertion, filing, foreclosure or other legal proceedings with respect to any such mechanic’s lien or other lien or the attempt by Tenant to discharge same as above provided.
(b) All materialmen, contractors, artisans, engineers, mechanics, laborers and any other Person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be responsible liable for the payment for all work (including Landlord's Work)any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic’s lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the removal of all liens of record relating to work estate or interest of Landlord occurring prior in and to the Commencement DatePremises, or, thereafter, work performed by Landlord or its contractorsany portion thereof.
(c) At least five Tenant shall not create, permit or suffer, and, subject to the provisions of paragraph 21(a) hereof, shall promptly discharge and satisfy of record, any other lien, encumbrance, charge, security interest, or other right or interest which, as a result of Tenant’s action or inaction contrary to the provisions hereof, shall be or become a lien, encumbrance, charge or security interest upon the Premises, or any portion thereof, or the income therefrom, other than Permitted Encumbrances. However, in the event Tenant desires to contest the validity of any other lien, encumbrance, charge, security interest, or other right or interest it shall (i) on or before sixty (60) calendar days prior to the commencement due date thereof (but in no event later than sixty (60) calendar days after Tenant receives notice of any work permitted the filing or recording thereof), notify Landlord, in writing, that Tenant intends to be done by persons requested by Tenant so contest same; (ii) on or before the Premises due date thereof, if such lien, encumbrance, charge, security interest, or other right or interest involves an amount in excess of $10,000.00100,000, Tenant shall notify bond over or deposit with Landlord security (in form and content reasonably satisfactory to Landlord) for the payment of the proposed work full amount of such lien, encumbrance, charge, security interest, or other right or interest, and from time to time deposit additional security so that, at all times, adequate security will be available for the names and addresses payment or bonding over of the persons supplying labor full amount of such lien, encumbrance, charge, security interest, or other right or interest together with all interest, penalties, costs and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)other charges in respect thereof.
Appears in 2 contracts
Sources: Lease Agreement (Amf Bowling Worldwide Inc), Lease Agreement (Amf Bowling Worldwide Inc)
Mechanic’s Liens. (a) Tenant shallTenant, at its expense, shall discharge any lien or charge filed against the Premises or the Real Property in connection with any work claimed or determined in good faith by Landlord to have been done by or on behalf of, or materials claimed or determined in good faith by Landlord to have been furnished to, Tenant, within 30 days after Tenant's receipt of notice thereof by payment, filing the bond required by law or otherwise in accordance with law. If any such liens so attach and Tenant fails to pay and remove same or contest same as provided herein, Landlord, at its election, may pay and satisfy the same and in such event the sums so paid by Landlord, with interest from the date of payment at the Interest Rate, as provided under Section 3.4 hereof for amounts owed Landlord by Tenant. Such sums shall be deemed to be additional rent due and payable by Tenant at once without notice or demand. Notwithstanding the foregoing prohibition against liens against the Premises, Tenant may in good faith and with reasonable diligence contest the validity or amount of any lien and defer payment and discharge thereof during the pendency of such contest, provided: (i) that such contest shall have the effect of preventing the sale or forfeiture of the Real Property of any part thereof, or any interest therein, to satisfy such lien; (ii) that, within thirty (30) days after Tenant has been notified of the filing of such lien, Tenant shall have notified Landlord in writing of Tenant's intention to contest such lien; and (iii) that, at Landlord's option, Tenant shall have obtained a title insurance endorsement over such lien insuring Landlord, Mortgagee and Lessor against loss or damage by reason of the existence of such lien or Tenant shall have deposited or caused to be deposited a sum of money which shall be sufficient in the reasonable judgment of Landlord to pay in full such lien and all interest which might become due thereon, and shall keep on deposit an amount so sufficient at all times, increasing such amount to cover additional interest whenever, in the reasonable judgment of Landlord, such increase is advisable. If Tenant shall fail to maintain or cause to be maintained sufficient funds on deposit as hereinabove provided, shall fail to prosecute such contest or cause such contest to be prosecuted with reasonable diligence, or shall fail to pay or cause to be paid or provide bond for all costs for work done by it or caused the amount of the lien plus any interest finally determined to be done by it on due upon the Premises conclusion of a character which will such contest, Landlord may, at its option, apply the money as deposited in payment of or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forsuch lien, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens that part thereof then unpaid, together with all interest thereon. If the amount of money so deposited shall be filed or recorded against insufficient for the Premises or any action affecting the title thereto be commenced due to Tenant's contracts payment in full of such lien, together with third partiesall interest thereon, Tenant shall give forthwith, upon demand, deposit with Landlord written notice thereof. Tenant shall thereafter cause such liens a sum which, when added to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewithfunds then on deposit, shall be immediately due from Tenant sufficient to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the make such payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsin full.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 2 contracts
Sources: Office Building Lease (Imanage Inc), Office Building Lease (Imanage Inc)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises by Tenant or at its request of a character which will or may result in liens on Landlord's ’s or Tenant’s interest therein and Tenant will keep the Premises free and clear of all mechanic's mechanics’ liens, and other liens on account of work done for Tenant or persons claiming under itsuch work. Tenant shall indemnify indemnifies, defends, and hold saves Landlord harmless against any from all liability, loss, damage, costs or expenses, including reasonable attorney's attorneys’ fees, on account of any claims of any nature whatsoeverlaborers, including claims of liens of laborers or materialmen or others for work performed for, or for materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should . If any liens be filed or lien is recorded against the Premises or Real Property or any action suit affecting the title thereto be is commenced due to Tenant's contracts with third partiesas a result of such work, or supplying of materials, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens lien to be removed of record within ten fifteen (15) days after notice from Landlord or Tenant shall post a sufficient bond against the filing same in an amount equal to one hundred fifty percent (150%) of the liensclaimed mechanic’s lien designating Landlord as the beneficiary thereof. If Tenant desires to contest any claim, Tenant must furnish Landlord adequate security of at least one hundred fifty percent (150%) of the amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of a any lien for any amount is entered, Tenant shall promptly pay and satisfy the same at oncesame. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit fails to foreclose the lien has been recorded or filedproceed as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment amount and any costs, and the amount so paid, together with reasonable attorney's attorneys’ fees incurred in connection therewithincurred, shall be immediately due from Tenant payable to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsupon demand.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 2 contracts
Sources: Lease, Lease (Constant Contact, Inc.)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or shall payor cause to be paid or provide bond for all costs for work done by it Tenant or caused to be done by it Tenant on the Premises Development of a character which will or may result in liens on Landlord's interest therein therein, and Tenant will keep the Premises Development free and clear of all mechanic's mechanics' liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify hereby agrees to indemnify, defend, and hold save Landlord harmless against any of and from all liability, loss, damage, costs costs, or expenses, . including reasonable attorney's attorneys' fees, on account of any claims of any nature whatsoever, whatsoever including claims of or liens of laborers or materialmen or others for work performed for, for or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should any liens be filed or recorded against the Premises Development or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work (which term includes the supplying of materials), Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten five (5) days after notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall either (i) post a bond as required by applicable law, which causes the filing lien to be removed as a lien against all or part of the liensDevelopment, or (ii) furnish to Landlord adequate security of at least one hundred fifty percent (150%) or the amount of the claim, plus estimated costs and interest and. If if a final judgment establishing the validity or existence of a 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 filedfiled and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with interest thereon at the Default Rate and reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 2 contracts
Sources: Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC), Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC)
Mechanic’s Liens. (a) 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, nor shall Tenant be deemed to be the agent of Landlord in performing such work, 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 pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the Premises. If any mechanic's or other lien shall at any time be filed against the Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished to Tenant, Tenant shall, within thirty (30) days after receiving notice thereof from the Landlord, cause the same to be discharged of record or bonded to the satisfaction of Landlord, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein sole cost and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 onceexpense. If Tenant shall fail to cause such lien to be in default in paying any charge for which a mechanic's lien so discharged or suit to foreclose the lien has been recorded or filedbonded within such thirty (30)-day period, then, Landlord in its sole discretion, may (but without being required bond or discharge the same by paying the amount claimed to do so) pay such lien or judgment and any costsbe due, and the amount so paidpaid 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 reasonable attorney's fees incurred in connection therewith, interest thereon at the Lease Interest Rate shall be immediately due from and payable by Tenant to Landlord with interest at the Default Rate as Additional Rent within ten (10) days after Tenant's receipt of notice thereof from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease (Silver Diner Inc /De/)
Mechanic’s Liens. Tenant shall promptly pay any contractors and ---------------- materialmen who supply labor, work or materials to Tenant at the Premises so as to prevent the possibility of a lien attaching to the Premises or any portion thereof. Tenant shall take all steps permitted by law in order to avoid the imposition of any such mechanic's, laborer's or materialman's lien. Should any such lien or notice of lien be filed, Tenant shall bond against or discharge the same within thirty (a30) days after the lien or claim is filed or formal notice of the lien or claim has been issued regardless of the validity of such lien or claim. Nothing in this Lease is intended to authorize Tenant shallto do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, or to allow any mechanics lien to attach to Landlord's interest, all of the same to be solely for Tenant's account and at Tenant's optionrisk and expense. Throughout this Lease the term "mechanic's lien" is used to include any lien, pay encumbrance or cause to be paid charge levied or provide bond for all costs for work done by it or caused to be done by it on imposed upon the Premises of a character which will or may result in liens on Landlord's the Premises or any interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, income therefrom on account of any claims of any nature whatsoevermechanic's, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanicmaterialman's lien or suit claim or arising out of any debt or liability to foreclose or any claim or demand of any contractor, mechanic, supplier, materialman or laborer hired directly or indirectly by Tenant. Notwithstanding the foregoing, Tenant may contest any mechanics' lien or liens upon the deposit by Tenant with Landlord of an indemnity bond issued by a corporate surety in an amount equal to the amount of the lien has been recorded or filedclaim, if such procedure shall be acceptable to the then existing mortgagee(s) of the Premises. Such bond shall name Landlord and such other parties as Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsdirect as obligees thereunder.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) 19.1. Tenant shallshall pay, at Tenant's optionwhen due, pay or cause to be paid or provide bond for all costs for work construction done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and as permitted by this Lease. Tenant will shall keep the Premises building, other improvements, and land free and clear of all mechanic's liens, and mechanics' liens resulting from construction or other liens on account of work done by or for Tenant or persons claiming under itTenant. Tenant shall indemnify hereby indemnifies and hold holds Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, fees and all other expenses on account of any claims of any nature whatsoever, including claims of liens lien of laborers or materialmen or others for work performed for, or materials or supplies furnished to for Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 onceit. If Tenant shall be in default in paying not, within ten (10) days following the imposition of any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filedsuch liens, Landlord may (but without being required to do so) pay cause such lien to be released of record by payment or judgment posting of a proper bond satisfactory to Landlord, then Landlord shall have, in addition to all other remedies provided herein or by law, the right to cause such lien to be released by such reasonable means as Landlord shall deem proper, including payment and/or defense against the claim giving rise to such lien. All sums paid by Landlord and any costs, and the amount so paid, together with reasonable attorney's fees all expenses incurred by it in connection therewith, together with an administrative fee of fifteen percent (15%), shall create automatically an obligation of Tenant to pay an equivalent amount to Landlord as Rent, which rent shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested so payable by Tenant on Landlord's demand therefore with a late charge (as defined under the Premises in excess of $10,000.00, article titled "Late Charges") and interest accruing from the date paid or incurred by Landlord until reimbursed to Landlord by Tenant.
19.2. Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon contest the correctness or the validity of any such lien if, immediately on demand by Landlord, Tenant procures and inspect records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the Premises at all reasonable times, amount of the claim of lien. The bond shall meet the requirements of the California Civil Code and shall have provide for the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action).
Appears in 1 contract
Sources: Net Industrial Lease (National Manufacturing Technologies)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it Tenant on the Premises of a character which will or may result in liens on Landlord's interest therein therein, and Tenant will keep the Premises free and clear of all mechanic's liens, liens and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify hereby agrees to indemnify, defend and hold save Landlord harmless against any of and from all liability, loss, damage, costs or expenses, including reasonable attorney's attorneys' fees, on account of any claims of any nature whatsoever, whatsoever including claims of on liens of laborers or materialmen laborers, material men or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiescommenced, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten five (5) days after the filing notice from Landlord. If Tenant desires to contest any claim of lien, it shall furnish Landlord adequate security of at least one hundred fifty percent (150%) of the liens. If amount of the claim 1, plus estimated costs and interest, and if a final judgment establishing the validity or existence of a any lien for any amount amendment is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanicMechanic's lien or suit to foreclose the lien has been recorded or filed, and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costscosts thereon, and the amount so paid, together with reasonable attorney's attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease (Gold Resource Corp)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, agrees that it will pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein Premises, and Tenant will keep the Premises free and clear of all mechanic's liens, mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. Tenant agrees to and shall indemnify indemnify, defend and hold save Landlord free and harmless against any and all liability, loss, damage, costs or expensescosts, including reasonable attorney's fees, attorneys' fees and all other expenses on account of any claims of any nature whatsoever, including claims of liens lien of laborers or materialmen or others for work performed for, or materials or and supplies furnished to for Tenant or persons claiming under Tenantit. In addition, Tenant shall keep Tenants' leasehold interest and any of those improvements to the Premises which are or become property of Landlord pursuant to this Lease free and clear of all liens of attachment or judgment liens.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, If Tenant shall give desire to contest any claim of lien, it shall furnish Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing adequate security of the liensvalue or in the amount of the claim, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall immediately pay and satisfy the same at oncesame. boattree\misc\tierra.lse 16
(c) If Tenant shall be in default in paying any charge for which a mechanic's mechanics' lien or claim and suit to foreclose the lien has have been recorded or filed, and shall not have given Landlord security to protect the property and Landlord against such claim of lien, Landlord may (but without being shall not be so required to do soto) pay such lien or judgment the said claim and any costs, and the amount so paid, together with reasonable attorney's attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the same to Landlord with interest at the Default Rate maximum lawful rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(cd) At least five days prior to the commencement Should any claim of any work permitted to lien be done by persons requested by Tenant on filed against the Premises in excess or any action affecting the title to such property be commenced, the party receiving notice of $10,000.00, Tenant such lien or action shall notify forthwith give the other party written notice thereof. Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and or its representatives shall have the right to go upon and inspect the Premises at all reasonable times, times and shall have the right to post and keep posted thereon notices of non-responsibility, or such as those provided other notices which Landlord may deem to proper for by Section 38-22-105(2)the protection of Landlord's Interest in the Premises. Tenant shall, before the commencement of any work which might result in any such lien, give to Landlord written notice of its intention to do so in sufficient time to enable the posting of such notices.
Appears in 1 contract
Sources: Retail Space Lease (American Marine Recreation Inc)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, agrees to pay or cause to be paid or provide bond promptly for all costs and charges for all labor done or materials furnished for any work of repair, maintenance, improvement, alteration or addition, including, without limitation, installation of fixtures, done by it or caused to be done by it on Tenant in connection with the Premises, and Tenant hereby indemnifies and agrees to hold Landlord and the Premises free, clear and harmless from and against all liens and claims of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and all other liens on account liabilities, claims and demands (including, without limitation, reasonable attorneys’ fees), that arise by reason of work done for Tenant such work. If any such lien shall at any time be filed against the Premises, or persons claiming under it. any portion of the Buildings, Tenant shall indemnify either cause the same to be discharged of record within twenty (20) days after the date upon which the same is filed or, if Tenant in its discretion and hold Landlord harmless against any liabilityin good faith determines that such lien should be contested, lossTenant shall record, damagein the office of the county recorder in which such claim of lien was recorded, costs a bond executed by a corporation authorized to issue surety bonds in the State of California, in a penal sum equal to one and one-half (1 1/2) times the amount of the claim or expensesone and one-half (1 1/2) times the amount allocated to the Premises (and/or to other portions of the Buildings, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forProject, or materials or supplies furnished Property) to Tenant or persons claiming under Tenant.
(b) Should prevent any liens be filed or recorded foreclosure proceedings against the Premises (and/or other portions of the Buildings, Project, or Property) during the pendency of such contest. Such bond shall be conditioned for the payment of any sum which the claimant may recover on the claim together with the claimant’s costs of suit in the action, if the claimant recovers therein. Nothing contained herein shall imply any consent or agreement on the part of Landlord to subject Landlord’s interest in the real property of which the Premises are a part to liability under any mechanics’ or other lien law. Should Tenant receive notice that a claim of lien has been or is about to be filed against the Premises, the Buildings, Property or Project or that any action affecting the title thereto be to such property has commenced due or is about to Tenant's contracts with third partiescommence, Tenant shall give Landlord written immediately transmit such notice thereof. Tenant shall thereafter cause such liens and information to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) 22.1. Tenant shallshall pay, at Tenant's optionwhen due, pay or cause to be paid or provide bond for all costs for work construction done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and as permitted by this Lease. Tenant will shall keep the Premises Building and the Lot free and clear of all mechanic's liens, and mechanics' liens resulting from construction or other liens on account of work done by or for Tenant or persons claiming under itTenant. Tenant shall indemnify hereby indemnifies and hold holds Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, fees and all other expenses on account of any claims of any nature whatsoever, including claims of liens lien of laborers or materialmen or others for work performed for, or materials or supplies furnished to for Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 onceit. If Tenant shall be in default in paying not, within ten (10) days following the imposition of any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filedsuch liens, Landlord may (but without being required to do so) pay cause such lien to be released of record by payment or judgment posting of a proper bond reasonably satisfactory to Landlord, then Landlord shall have, in addition to all other remedies provided herein or by law, the right to cause such lien to be released by such reasonable means as Landlord shall deem proper, including payment and/or defense against the claim giving rise to such lien. All sums paid by Landlord and any costs, and the amount so paid, together with reasonable attorney's fees all expenses incurred by it in connection therewiththerewith shall create automatically an obligation of Tenant to pay an equivalent amount to Landlord as Rent, which rent shall be immediately due so payable by Tenant within ten (10) business days of Tenant's receipt of a reasonably detailed written statement therefor from Tenant to Landlord with interest at the Default Rate accruing from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed date paid or incurred by Landlord or its contractorsuntil reimbursed to Landlord by Tenant.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by 22.2. Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon contest the correctness or the validity of any such lien if, immediately on demand by Landlord, Tenant procures and inspect records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the Premises at all reasonable times, amount of the claim of lien. The bond shall meet the requirements of the California Civil Code and shall have provide for the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action).
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or shall cause to be paid or provide bond for all costs for work done by it or caused to be done by it Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following commencement of the Lease Term) of a character which will or may could result in liens on Landlord's interest therein and ’s interest. Tenant will keep the Premises free and clear of all mechanic's liens, mechanics’ and other liens on account of work done for Tenant or persons claiming under it. Tenant shall agrees to indemnify and hold defend Landlord harmless against any with respect to all liability, loss, damage, costs cost or expensesexpense, including reasonable attorney's attorneys’ fees, on account of any claims of any nature whatsoever, including claims of or liens of laborers or materialmen or others others, for work performed for, for or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should any liens be filed or recorded against the Premises and/or the Building or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten 10 days after the filing Tenant’s receipt of notice from Landlord. If Tenant desires to contest any claim or lien, Tenant shall furnish to Landlord adequate security of at least 150% of the liensamount of the claim, plus estimated costs and interest, or, at Landlord’s option, file a bond and obtain a release of the lien pursuant to Law. If a final judgment establishing the validity or existence of a any such lien for any amount is entered, Tenant shall pay and satisfy the same it at once. If Tenant shall be in default in paying any charge for which a mechanic's ’s lien or suit to foreclose the lien has been recorded or filed, and shall not have given Landlord security as provided above, Landlord may (but without being required to do sorequired) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease Agreement (Smart Move, Inc.)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it Tenant or caused to be done by it Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's mechanics' liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify hereby agrees to indemnify, defend, and hold save Landlord harmless against any of and from all liability, loss, damage, costs costs, or expenses, including reasonable attorney's attorneys' fees, on account of any claims of any nature whatsoever, whatsoever including claims of or liens of laborers or materialmen or others for work performed for, for or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work (which term includes the supplying of materials), Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten (10) days after the filing notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the liens. If amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of a 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 filedfiled and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease (Infocrossing Inc)
Mechanic’s Liens. (a) 7.01 No Liens Permitted. Tenant shall, at Tenant's option, pay or cause will not permit to be paid created, or provide bond for all costs for to remain undischarged, any lien, encumbrance or charge (arising out of any work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to by a contractor, subcontractor, mechanic, laborer or materialmen or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Shopping Center or any portion thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Shopping Center or any portion thereof might be impaired. If any lien or notice of lien on account of an alleged debt of Tenant or persons claiming under Tenant.
(b) Should any liens 's contractor to work on the Premises shall be filed or recorded against the Premises Shopping Center or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesportion thereof, Tenant shall give Landlord written notice thereof. Tenant shall thereafter shall, within ten (10) days after demand from Landlord, cause such liens the same to be removed discharged for record by payment, deposit, bond, order of record within ten days after the filing court of the liens. If a final judgment establishing the validity competent jurisdiction or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at onceotherwise. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit fail to foreclose the lien has been recorded or filed, Landlord may (but without being required to do so) pay cause such lien or judgment notice of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy Landlord may, but shall not be obligated to, discharge such lien by deposit or by bonding proceedings and in any costssuch event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount so paidof the judgment in favor of the lienor with interest, together with reasonable costs and allowances. Any amount paid by Landlord and all costs and expenses, including attorney's fees fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be immediately due from paid by Tenant to Landlord with interest at the Default Rate from the dates of Landlord's paymentsdemand. Landlord Nothing herein contained shall be responsible for the payment for all work (including obligate Tenant to pay or discharge any lien created by Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease Agreement (Talk America)
Mechanic’s Liens. (a) No work performed by Tenant shallpursuant to this Lease, at Tenant's optionwhether in the nature of construction, pay alteration or cause repair, shall be deemed to be paid for the immediate use and benefit of Landlord, so that no mechanic’s or provide bond for all costs for work done other lien shall be allowed against the estate of Landlord by it or caused reason of any consent given by Landlord to be done by it on Tenant to improve the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under itpremises. Tenant shall indemnify place such contractual provisions as Landlord may request in all contracts and hold subcontracts for Tenant’s improvements assuring Landlord harmless that no mechanic’s or material man’s liens will be asserted against Landlord’s interest in the premises or the property of which the premises are a part. Tenant shall pay promptly all persons furnishing labor or materials with respect to any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forby Tenant or it contractors or about the premises. If any mechanic’s or other liens shall at any time be filed against the premises or the property of which the premises are a part by reason of work, labor, services or materials performed or furnished, or materials alleged to have been performed or supplies furnished furnished, to Tenant or persons claiming to anyone holding the premises through or under Tenant.
(b) Should , and regardless of whether any liens be filed or recorded such lien is asserted against the Premises interest of Landlord or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter forthwith cause such liens the same to be removed discharged of record within ten days after or bonded to the filing satisfaction of the liens. 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 onceLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then in default in paying addition to any charge for which a mechanic's lien other right or suit to foreclose the lien has been recorded or filedremedy of Landlord, Landlord may (but without being required bond over or discharge the same by paying the amount claimed to do so) pay such lien or judgment and any costsbe due, and the amount so paidpaid 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 reasonable attorney's fees incurred in connection therewithinterest thereon at the highest legal rate allowed by law, shall be immediately due from and payable by Tenant to Landlord as additional rental. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor or materials on Landlord’s interest in the premises or in the Landlord’s building or buildings, and all contractors, subcontractors, material men, mechanics, laborers and others contracting with Tenant and/or any subtenant of Tenant and/or any other occupants of the premises, for the construction, installation, alteration or repair of any improvements to the premises are hereby charged with notice that they must look only to the Tenant and to the Tenant’s interest in the premises to secure the payment of any charges and/or materials furnished at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorspremises.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Business Lease Agreement (Enviro Technologies, Inc.)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, will pay or cause to be paid or provide bond for all costs and charges for work (a) done by it tenant or caused to be done by it on tenant, in or to the Premises of a character which will premises, and (b) for all materials furnished for or may result in liens on Landlord's interest therein and connection with such work. Tenant will keep indemnify and hold landlord, the Premises free premises, and clear the project free, clear, and harmless for all mechanics' liens and claims of all mechanic's liens, and all other liens liabilities, liens, claims, and demands on account of such work done for Tenant by or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liabilityon behalf of tenant, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for other than work performed for, or materials or supplies furnished by landlord pursuant to Tenant or persons claiming under Tenant.
(b) Should the workletter. If any liens be such lien is filed or recorded against the Premises premises or any action affecting part of the title thereto be commenced due to Tenant's contracts with third partiesproject, Tenant shall give Landlord written notice thereof. Tenant shall thereafter tenant will cause such liens lien to be removed discharged of record within ten 10 days after the filing of such lien, except that if tenant desires to contest such lien, it will furnish landlord, within such 10-day period, security reasonably satisfactory to landlord of at least 150% of the liensamount of the claim, plus estimated costs and interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall tenant will pay and satisfy the same at onceone. If Tenant shall be in default in paying tenant fails to pay any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, Landlord and has not given landlord security as described above, or has not complied with such statutory procedures as may (but without being required be available to do so) release the lien, landlord may, at its option, pay such lien or judgment charge and any costsrelated costs and interest, and the amount so paid, together with reasonable attorney's attorneys' fees incurred in connection therewithwith such lien, shall will be immediately due from Tenant tenant to Landlord with landlord as additional rent. Nothing contained in this Lease will be deemed the consent or agreement of landlord to subject landlord's interest at in the Default Rate from project to liability under any mechanics' or other lien law. If tenant receives written notice that a lien has been or is about to be filed against the dates of Landlord's payments. Landlord shall be responsible for premises or the payment for all work (including Landlord's Work)project, and the removal of all liens of record relating to work of Landlord occurring prior or that any action affecting title to the Commencement Date, or, thereafter, project has been commenced on account of work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant or for or material furnished to or for tenant, it will immediately give landlord written notices on the Premises premises in excess of $10,000.00, Tenant shall notify Landlord of order to protect the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During premises against any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)liens.
Appears in 1 contract
Sources: Lease Agreement (Pc Tel Inc)
Mechanic’s Liens. (a) No work performed by Tenant shallpursuant to this Lease, at Tenant's optionwhether in the nature of erection, pay construction, alteration, or cause to repair, shall be paid or provide bond for all costs for work done by it or caused deemed to be done at the direction of or for the immediate use and benefit of Landlord. No mechanic’s or other lien shall be allowed against the estate of Landlord by it on reason of any consent given by Landlord to Tenant to improve the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under itLeased Premises. Tenant shall indemnify and hold Landlord harmless against pay promptly all persons furnishing labor or materials with respect to any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forby Tenant or its contractor on or about the Leased Premises. In the event any mechanic’s or other lien shall at any time be filed against the Leased Premises by reason of work, labor, services or materials performed or furnished, or materials alleged to have been performed or supplies furnished to Tenant or persons claiming to anyone holding the Leased Premises through or under Tenant.
(b) Should , or if Landlord or Tenant shall receive a written notice of any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due intent to Tenant's contracts with third partiesfile a lien, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens the same to be removed discharged of record within ten days after or bonded to the filing satisfaction of the liens. 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 onceLandlord. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereto or the intent to file such lien, then, in default in paying addition to any charge for which a mechanic's lien other right or suit to foreclose the lien has been recorded or filedremedy of Landlord, Landlord may (but without being required bond or discharge the same by paying the amount claimed to do so) pay such lien or judgment and any costsbe due, and the amount so paidpaid 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 reasonable attorney's fees incurred in connection therewithinterest thereon at the Default Rate, shall be immediately due from and payable by Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsupon demand as Additional Rent.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) The Tenant shallagrees to promptly pay all sums of money in respect of labor, at Tenant's optionservices, pay materials, supplies, or cause equipment furnished or alleged to be paid have been furnished to the Tenant in or provide bond for all costs for work done by it or caused to be done by it on about the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liensPremises, and other liens on account of work done for Tenant or persons claiming under it. the Tenant shall indemnify and hold Landlord harmless against not permit any liabilitymechanic's, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed formaterial man's, or materials other lien to arise or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to TenantLandlord's contracts with third parties, interest therein. The Tenant shall give Landlord written notice thereofsave, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall thereafter forthwith cause such liens the same to be removed discharged of record within ten days after by payment, bond, order of a court of competent jurisdiction or otherwise, provided the filing Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and satisfy before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same at once. If Tenant shall by paying the amount claimed to be in default in paying any charge for which a mechanic's lien due or suit to foreclose by bonding or other proceeding deemed appropriate by the lien has been recorded or filed, Landlord may (but without being required to do so) pay such lien or judgment and any costsLandlord, and the amount so paidpaid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, together with including reasonable attorney's fees incurred in connection therewithattorneys' fees, shall be immediately deemed to be additional rent for the Premises and shall be due from and payable by the Tenant to the Landlord with interest at on demand. Nothing contained in this Lease shall be construed as a consent on the Default Rate from part of the dates of Landlord to subject the Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on estate in the Premises in excess of $10,000.00, Tenant shall notify Landlord or any portion of the proposed work and Premises to any lien or liability under the names and addresses lien laws of the persons supplying labor and materials for the proposed work so that State of Minnesota. The Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon maintain on the Premises notices such as those provided for by Section 38of non-22-105(2)responsibility under the laws of Minnesota.
Appears in 1 contract
Sources: Commercial Lease Agreement
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will shall keep the Premises free and clear of all mechanic's liens, and materialmen's liens and other liens on account of a similar nature in connection with work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work character performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises by or at the direction of Tenant, whether or not such work involves any addition or alteration to the Premises. In the event that one or more mechanic's or materialmen's liens shall be filed against the interest of Landlord or Tenant in excess connection with work performed on the Premises by or at the direction of $10,000.00the Tenant, Tenant shall notify Landlord thereof and shall, within thirty (30) days of the proposed work date of filing of such lien, pay the amount claimed, obtain a bond over any lien, otherwise obtain the discharge of such lien forthwith, or deposit with Landlord such security as Landlord shall specify to insure payment of such lien and prevent any sale, foreclosure or forfeiture of the Premises by reason of such non-payment. If Tenant shall fail to discharge any such lien within such period then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, procure its discharge and any costs and expenses incurred or sums and amounts expended by Landlord in connection with any such discharge, together with interest thereon at a rate of twelve percent (12%) per annum, shall be payable by Tenant to Landlord on demand as Additional Rent. On final determination of such lien or claim for lien, ▇▇▇▇▇▇ shall immediately pay any judgment rendered against Tenant with all proper costs and charges and shall satisfy the judgment and release the lien of record at its expense. Upon payment and satisfaction of any judgment by ▇▇▇▇▇▇ and release of lien, Landlord shall reimburse any deposits received by Landlord as security from Tenant. If any such lien shall be placed on the Premises and be ripened into a judgment which becomes final, Landlord, at its option, may pay such final judgment and clear the Premises of such lien and the names and addresses funds expended by Landlord on account of the persons supplying labor and materials for the proposed work so that such judgment shall be repaid by Tenant to Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2upon ten (10) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)days' written notice.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for when due all costs for work done by it or on behalf of Tenant or caused to be done by it or on behalf of Tenant on the Premises of a character which will or may result in liens on against Landlord's interest therein and in the Premises or the Project. Tenant will keep the Premises same free and clear of all mechanic's liens, mechanics' liens and other liens on account of work done for or on behalf ' of Tenant or persons claiming under itTenant. Tenant shall indemnify hereby agrees to indemnify, defend and hold save Landlord harmless against any of and from all liability, loss, damagedamages, costs or expenses, including reasonable attorney's attorneys' fees, on account of incurred in connection with any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others whatsoever for work performed for, or materials or supplies furnished to Tenant Tenant, including lien claims of laborers, materialmen or persons claiming under Tenant.
(b) others. Should any such liens be filed or recorded against the Premises or the Project with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced due to Tenant's contracts with third partiescommenced, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed released of record within ten twenty (20) days after the filing notice thereof If Tenant desires to contest any such claim of the liens. If a final judgment establishing the validity or existence of a lien for any amount is enteredline, Tenant shall pay and satisfy nonetheless cause such lien to be released of record by the same at onceposting of adequate security with a court of competent jurisdiction as may be provided by California's mechanics' lien statutes. If Tenant shall be in default delinquent in paying any charge for which such a mechanic's mechanics' lien or suit to foreclose the such a lien has been recorded or filedfiled and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) at its discretion pay such lien or judgment claim and any costscosts associated therewith, and the amount so paid, together with interest thereon at the Interest Rate and reasonable attorney's attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsas Additional Rent.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Commercial Lease (Finisar Corp)
Mechanic’s Liens. Tenant shall promptly pay any contractors and materialmen who supply labor, work or materials to Tenant at the Premises or the Property so as to minimize the possibility of a lien attaching to the Premises or the Property. Tenant shall take all steps permitted by law in order to avoid the imposition of any mechanic's, laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien be filed for work performed for Tenant other than by Landlord, Tenant shall cause such lien or notice of lien to be discharged of record by payment, deposit, bond or otherwise within thirty (a30) days after Tenant's receipt of notice thereof, whichever is earlier, regardless of the validity of such lien or claim. If Tenant shallshall fail to cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, reasonable attorneys' fees incurred by Landlord in connection therewith, together with interest ("Interest") at an interest rate equal to the Prime Rate published from time to time in the Money Rates column of the Wall Street Journal plus 2% (or, if lower, the highest rate then allowed under the usury laws of the Commonwealth of Pennsylvania) from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable under this Lease promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant's account and at Tenant's optionrisk and expense. Further, pay notwithstanding anything to the contrary contained in this Lease, nothing contained in or cause contemplated by this Lease shall be deemed or construed in any way to constitute the consent or request by Landlord for the performance of any work or services or the furnishing of any materials for which any lien could be paid filed against the Premises, the Building or provide bond the Property or any part of any thereof, nor as giving Tenant any right, power or authority to contract or permit the performance of any work or services or the furnishing of any materials within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof or otherwise for all costs for work done by it which any lien could be filed against the Premises, the Building, the Property or caused any part of any thereof. Throughout this Lease the term "mechanic's lien" is used to be done by it on include any lien, encumbrance or charge levied or imposed upon the Premises of a character which will Premises, the Building or may result in liens on Landlord's the Property or any interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, income therefrom on account of any claims of any nature whatsoevermechanic's, including claims of liens of laborers laborer's or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanicmaterialman's lien or suit arising out of any debt or liability to foreclose the lien has been recorded or filedany claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord may (but without being required or Tenant, any stop order given to do so) Landlord or Tenant, any notice of refusal to pay such lien naming Landlord or judgment Tenant and any costs, and the amount so paid, together with reasonable attorneyinjunctive or equitable action brought by any person entitled to any mechanic's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorslien.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Office Space Lease (Cardionet Inc)
Mechanic’s Liens. (a) 10.1 Tenant shall, at Tenant's option, agrees that it will pay or cause to be paid or provide bond for all costs for work done by it Tenant or caused cause to be done by it Tenant on the Premises of a character which will or may result in liens on Landlord's interest therein Premises, and the Tenant will keep the Premises free and clear of all mechanic's liens, liens and other liens on account of work done for Tenant or persons claiming under itTenant. Tenant agrees to and shall indemnify indemnify, defend and hold save Landlord free and harmless against any liability, loss, damage, costs or expensescosts, including reasonable attorney's attorneys' fees, and all other expenses on account of any claims of any nature whatsoever, including claims of liens lien of laborers or materialmen or others for work performed for, or materials or supplies furnished to for Tenant or persons claiming under Tenant.
(b) Should . If Tenant shall desire to contest any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesclaim of lien, Tenant shall give furnish Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing adequate security of the liensvalue or in the amount of the claim, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanic's mechanics' lien or claim and suit to foreclose the lien has have been recorded or filed, and shall not have given Landlord security to protect the property and Landlord against such claim of lien, Landlord may (but without being shall not be so required to do soto) pay such lien or judgment the said claim and any costs, upon five (5) days' notice to Tenant, and the amount so paid, together with reasonable attorney's attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the same to Landlord with interest at the Default Rate maximum lawful rate from the dates of Landlord's payments. Landlord Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall be responsible for forthwith give the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by other party written notice thereof.
10.2 Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, times and shall have the right to post and keep posted thereon notices of nonresponsibility, or such as those provided other notice which Landlord may deem to be proper for by Section 38-22-105(2)the protection of Landlord's interest in the Premises. After obtaining the written consent of Landlord thereto Tenant shall, before the commencement of any work which might result in any such lien, give to the Landlord written notice of its intention to do so in sufficient time to enable the posting of such notices.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for all Tenant’s Work, other Alterations or other work done by it Tenant or caused to be done by it Tenant on the Premises (including work performed by Landlord or its contractor at Tenant’s request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's ’s interest therein therein, and Tenant will keep the Premises free and clear of all mechanic's ’s liens, and other liens on account of work done for Tenant or persons person claiming under it. Tenant shall hereby agrees to indemnify and hold defend Landlord, and save Landlord harmless against any of and from, all liability, loss, damage, costs costs, or expenses, including reasonable attorney's attorneys’ fees, on account of any claims of any nature whatsoever, whatsoever including claims of or liens of laborers or materialmen or others for work performed for, or for materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should Tenant receive any notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the claim. Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work (which term includes the supplying of materials), Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of from record within ten 30 days after it receives notice of the filing or recording of such liens. If Tenant desires to contest any claims of lien, Tenant shall furnish to Landlord adequate security of at least 125% of the liensamount of the claim, or at Tenant’s option, file a bond with the appropriate court and obtain a release of the lien pursuant to Applicable Law. If a final judgment (after exhaustion of appeal) establishing the validity or existence of a 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 ’s lien or suit to foreclose the lien has been recorded or filedfiled and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Office Building Lease (Ada-Es Inc)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay shall not suffer or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all permit any mechanic's liens, and lien or other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished lien to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any action affecting portion thereof, through or under Tenant whereby the estate, rights or title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give of Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liensare encumbered. 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 shall be in default in paying any charge for which a such mechanic's lien or suit other lien shall at any time be filed or recorded against the Premises, or any portion thereof, Tenant shall cause the same to foreclose be discharged of record or bonded against to Landlord's satisfaction within sixty (60) days after the date of filing or recording of the same. However, in the event Tenant desires to contest the validity of any such lien, it shall notify Landlord and Landlord's Mortgagee in writing that Tenant intends to so contest same and, on or before the due date thereof, post a bond or otherwise discharge of record or procure title insurance over such lien. If Tenant complies with the foregoing and Landlord's Mortgagee does not object to such contest, and Tenant continues, in good faith, to contest the validity of such lien has been recorded by appropriate legal proceedings which shall operate to prevent the collection thereof and the sale or filedforfeiture of the Premises, Landlord may (but without being required or any part thereof, to do so) satisfy the same, Tenant shall be under no obligation to pay such lien until such time as the same has been decreed, by court order, to be a valid lien on the Premises. Any surplus deposit retained by Landlord, after the payment of the lien shall be repaid to Tenant. Landlord agrees not to pay such lien during the period of Tenant's contest in accordance with this Section. If Tenant fails to discharge, bond or judgment contest any such lien in accordance with this Section and Landlord pays for the discharge of any costssuch lien or any part thereof from funds of Landlord, and the any amount so paidpaid by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees incurred in connection therewithof Landlord), together with interest thereon at the Overdue Rate, shall be immediately due from repaid by Tenant to Landlord with interest at on demand by Landlord. Tenant shall be solely liable for, and agrees to indemnify and defend Landlord against and save Landlord and the Default Rate Premises, and any portion thereof, harmless from and against all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees, resulting from the dates of Landlordassertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's paymentslien or other lien or the attempt by Tenant to discharge same as above provided.
(b) All materialmen, contractors, artisans, engineers, mechanics, laborers and any other Person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be responsible liable for the payment for all work (including Landlord's Work)any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the removal of all liens of record relating to work estate or interest of Landlord occurring prior in and to the Commencement DatePremises, or, thereafter, work performed by Landlord or its contractorsany portion thereof.
(c) At least five days Without Landlord's prior to the commencement of any work permitted to written consent, which shall be done by persons requested by Tenant on the Premises given or withheld in excess of $10,000.00Landlord's sole discretion, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of not create, permit or suffer, and, subject to the provisions of statutes such as Section 38-22-105(220(a) hereof, shall promptly discharge and satisfy of Colorado Revised Statutes (1973record, or bond against, any other lien, encumbrance, charge, security interest, or other right or interest which, as amended). During any such work on a result of Tenant's action or inaction contrary to the provisions hereof, shall be or become a lien, encumbrance, charge or security interest upon the Premises, Landlord and its representatives shall have or any portion thereof, or the right to go upon and inspect the Premises at all reasonable timesincome therefrom, and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2)other than Permitted Encumbrances.
Appears in 1 contract
Mechanic’s Liens. a. Tenant covenants that it shall not (aand has no authority to) Tenant shallcreate or allow any encumbrance against the Premises, at Tenant's optionthe Property, pay or cause to be paid any part of any thereof or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and therein.
b. Tenant will keep the Premises free and clear covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of all mechanic's liens, and other liens on account of any work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liabilityservices, lossmaterial, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials equipment or supplies furnished to for or at the request of Tenant or persons claiming under by or for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the Premises, the Property, or any part of any thereof or the income therefrom or any fixture, equipment or similar property therein.
(b) Should c. If any liens lien or claim shall be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesfiled, Tenant shall give Landlord written within thirty (30) days after Tenant receives notice of the filing thereof. Tenant shall thereafter , cause such liens the same to be removed discharged of record within ten days after the filing of the liens. If a final judgment establishing the validity by payment, deposit, bond or existence of a lien for any amount is entered, Tenant shall pay and satisfy the same at onceotherwise. If Tenant shall be in default in paying any charge for which a mechanic's lien or suit fail to foreclose the lien has been recorded or filed, Landlord may (but without being required to do so) pay cause such lien or judgment claim to be discharged and removed from record within that period and such failure continues for ten (10) additional days after notice of default from Landlord to Tenant, then, without obligation to investigate the validity thereof and in addition to any costsother right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paidpaid by Landlord and all costs and expenses, together with reasonable attorney's fees including attorneys' fees, incurred by Landlord in connection therewith, shall be immediately due from Tenant to Landlord together with interest at the Default Rate from the respective dates of Landlord's payments. making of the payment or incurring of the cost or expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
d. Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be responsible construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the payment for all work (including immediate use and benefit of Landlord's Work). Further, and notwithstanding anything contained herein to the removal of all liens of record relating contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way to work constitute the consent or request on the part of Landlord occurring prior to for the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement performance of any work permitted to or services or the furnishing of any materials for which any lien could be done by persons requested by Tenant on filed against the Premises in excess or the Property or any part of $10,000.00any thereof, nor as giving Tenant shall notify Landlord any right, power, or authority to contract for or permit the performance of any work or services or the proposed work and the names and addresses furnishing of the persons supplying labor and any materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During which any such work on lien could be filed against the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)Property or any part of any thereof.
Appears in 1 contract
Sources: Lease (Animas Corp)
Mechanic’s Liens. As a condition precedent to Landlord giving advance written consent to Tenant’s use of outside contractors and subcontractors for repairs and/or maintenance of the Premises or replacements (a) “Repairs”), Tenant shallshall obtain and deliver to Landlord, at Tenant's optionon Landlord’s written demand therefor, pay a list of all contractors, subcontractors, materialmen and laborers involved or cause to be paid become involved in such work. If any mechanic’s or provide bond for all costs materialmen’s lien is filed against the Premises, for work claimed to have been done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies claimed to have been furnished to Tenant, such lien shall be discharged by Tenant within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or persons claiming under Tenant.
(b) Should by filing any liens be filed bond required by law or recorded against the Premises or any action affecting the title thereto be commenced due by making a deposit of funds as necessary to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing discharge of the lienslien under the Construction Lien Law (N.J.S.A. 2A:44A-1 et seq. If a final judgment establishing the validity also known as P.L. 1993 c.318) or existence of a other applicable lien for any amount is entered, Tenant shall pay and satisfy the same at oncelaw. If Tenant shall be in default in paying fail to discharge any charge for which a such mechanic's lien ’s or suit to foreclose the lien has been recorded or filedmaterialmen’s lien, Landlord may may, at its option, after five (but without being required 5) days written notice to do so) pay the Tenant, discharge the same and treat the cost thereof as Additional Rent payable with the monthly installment of Base Rent next becoming due. Such discharge by Landlord shall not be deemed to waive, or release or excuse the default of Tenant in not discharging the same. Any such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, Repairs shall be immediately due from Tenant to Landlord with interest at conducted on behalf of Tenant. In the Default Rate from the dates of Landlord's payments. event Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior give its written consent to the Commencement Datemaking of any such Repairs by Tenant, or, thereafter, work performed such written consent shall not be deemed to be an agreement or consent by Landlord or its contractors.
(c) At least five days prior to subject the commencement of any work permitted to be done by persons requested by Tenant on the Premises Landlord’s interest in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right Building or the land to go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon notices any mechanic’s or materialmen’s liens which may be filed in respect of any such as those provided for Repairs made by Section 38-22-105(2).or on behalf of
Appears in 1 contract
Sources: Lease Agreement (Inverness Medical Innovations Inc)
Mechanic’s Liens. (a) Tenant shall, at Tenantshall not permit a mechanic's option, pay or cause lien to be paid placed on any portion of the Premises, the Building or provide bond for the Property due to work performed or material supplied on behalf of Tenant. Notwithstanding anything to the contrary contained in this Lease, Tenant, its successors and assigns, warrant and guarantee to Landlord, its successors and assigns, that if any mechanic's lien shall be filed against all costs or any portion of the Property, for work claimed to have been done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials claimed to have been furnished to, Tenant, the same shall be discharged by Tenant, by payment, by recording a surety bond as provided in NRS 108.2415, or supplies furnished to Tenant or persons claiming under otherwise, at the sole cost and expense of Tenant.
, within twenty (b20) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to days following Tenant's contracts with third parties, Tenant shall give Landlord written receipt of notice thereofthereof from Landlord. Tenant shall thereafter cause In the event such liens to be removed of record within ten days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanic's lien is not discharged or suit to foreclose the lien has been recorded or filedbonded over timely, as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment discharge same for the account of and any at the expense of Tenant by recording a surety bond as provided in NRS 108.2415, and Tenant, promptly following demand, shall reimburse Landlord, as Additional Rent, for all costs, disbursements, fees and the amount so paidexpenses, together with including without limitation, reasonable attorney's fees attorneys' fees, incurred in connection therewithwith so discharging said mechanic's lien, shall be immediately due from Tenant and including any reimbursement by Landlord to Landlord the surety issuing such bond, and for any amounts paid to any claimant against the bond pursuant to the terms thereof, together with interest at the Default Rate thereon from the dates time or times of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed until reimbursement by Landlord or its contractorsTenant.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs and charges for work (a) done by it Tenant or caused to be done by it on Tenant, in or to the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liensPremises, and other liens on account of work done (b) for Tenant all materials furnished for or persons claiming under itin connection with such work. Tenant shall indemnify Landlord against and hold Landlord Landlord, the Premises, and the Project free, clear, and harmless against any liabilityof and from all mechanics’ liens and claims of liens, lossand all other liabilities, damageliens, costs or expensesclaims, including reasonable attorney's fees, and demands on account of any claims such work by or on behalf of any nature whatsoeverTenant, including claims of liens of laborers or materialmen or others for other than work performed forby Landlord pursuant to this Lease. If any such lien, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should at any liens be time, is filed or recorded against the Premises or any action affecting part of the title thereto be commenced due to Tenant's contracts with third partiesProject, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens lien to be removed discharged of record within ten thirty (30) days after the filing of the lienssuch 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 shall be in default in paying fails to pay any charge charge, cost or expense for which a mechanic's lien or suit to foreclose the mechanics’ lien has been recorded or filed, Landlord may (but without being required to do so) may, at its option, pay such lien or judgment charge and any costsrelated costs and interest, and the amount so paid, together with reasonable attorney's attorneys’ fees incurred in connection therewithwith such lien, shall be immediately due from Tenant to Landlord with interest at as Additional Rent. Nothing contained in this Lease will be deemed the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work consent or agreement of Landlord occurring prior to subject Landlord’s interest in the Project to liability under any mechanics’ or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Commencement DateProject has been commenced on account of work done by or for or materials furnished to or for Tenant, or, thereafter, work performed by it shall immediately give Landlord or its contractors.
(c) written notice of such notice. At least five fifteen (15) days prior to the commencement of any work permitted (including but not limited to be done any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by persons requested by Tenant on the Premises in excess of $10,000.00or for Tenant, Tenant shall notify give Landlord (I) written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that and (ii) two (2) copies of Tenant’s plans and specifications for such work. Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, and shall will have the right to post and keep posted thereon notices of nonresponsibility or similar written notices on the Premises in order to protect the Premises against any such as those provided for by Section 38-22-105(2)liens.
Appears in 1 contract
Sources: Office Lease (Acucela Inc)
Mechanic’s Liens. (a) No work performed by Tenant shallpursuant to this Lease, at Tenant's optionwhether in the nature of erection, pay construction, alteration or cause repair, shall be deemed to be paid for the immediate use and benefit of Landlord so that no mechanics’ or provide bond for all costs for work done other lien shall be allowed against the estate of Landlord by it or caused reason of any consent given by Landlord to be done by it on Tenant to improve the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under itPremises. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, pay promptly all persons furnishing labor or materials or supplies furnished with respect to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord Tenant or its contractors.
(c) At least five days prior contractors on or about the Premises. [▇▇▇: Please note the following sentence] Prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives Tenant shall have the right exercise reasonable efforts to go upon and inspect obtain unconditional lien waivers from all suppliers of services or materials to the Premises and shall notify in writing all suppliers of services or materials to the Premises that the improvements to be constructed are solely for the benefit of Tenant, that Landlord shall not be liable for any costs related thereto and that the Premises shall not be subject to any mechanics’ or materialmens’ liens in connection therewith. In the event any mechanics’ or other lien shall at all reasonable timesany time be filed against the Premises by reasons of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall cause the same to be discharged of record or bonded to the satisfaction of Landlord within forty-five (45) days of filing. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded within forty-five (45) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord including reasonable attorneys’ fees incurred by Landlord either defending against such lien or in procuring the discharge of such lien, together with interest thereon at the Default Rate, shall have the right be due and payable by Tenant to post and keep posted thereon notices such Landlord as those provided for by Section 38-22-105(2)Additional Rental.
Appears in 1 contract
Sources: Lease Agreement (Boston Gear LLC)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it Tenant or caused to be done by it Tenant on the Premises of a character which will or may result in liens on Landlord's ’s interest therein therein, and Tenant will keep the Premises free and clear of all mechanic's liens, mechanics’ liens and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify indemnify, defend, and hold save Landlord harmless against any of and from all liability, loss, damage, costs costs, or expenses, including reasonable attorney's attorneys’ fees, on account of any claims of any nature whatsoever, whatsoever including claims of or liens of laborers or materialmen or others for work performed for, for or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should Tenant receive any notice of intent to file a lien, Tenant shall deliver a copy of such notice to Landlord and shall promptly resolve the claim. Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work or supply of materials, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten five (5) days after the filing or recording of such liens. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the liens. amount of the claim, plus estimated costs and interest, or, at Tenant’s option, file a bond with the appropriate court and obtain a release of the lien pursuant to Section 3▇-▇▇-▇▇▇, C.R.S. If a final judgment establishing the validity or existence of a 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 ’s lien or suit to foreclose the lien has been recorded or filedfiled and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Premises Lease (Zynex Inc)
Mechanic’s Liens. (a) Tenant shallshall have no authority, at express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Premises or to charge the rentals payable under this Lease for any Claims in favor of any person dealing with Tenant's option, including those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay or cause to be paid or provide bond for all costs for work done sums legally due and payable by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of labor performed or materials furnished in connection with any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises on which any lien is or can be validly and legally asserted against its leasehold Interest in excess the Premises and Tenant shall indemnify, defend and hold harmless Landlord from any and all Claims arising out of $10,000.00, any such asserted Claims. Tenant agrees to give Landlord immediate written notice of any such Claim. Tenant shall notify Landlord in writing at least ten (10) Business Days in advance of the proposed any work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973to be done on, as amended). During any such work on in, or about the Premises. In the event of such scheduled work, whether Landlord received notice from Tenant or not, Landlord and its representatives shall have the right right, at any time and from time to go upon and inspect time, to enter the Premises at all reasonable times, and shall have the right to post and keep posted thereon notices of non-responsibility in such locations as those provided Landlord deems appropriate. Notwithstanding anything in this Lease to the contrary, Landlord shall not be required to notify Tenant in advance of entering the Premises for by Section 38the purpose of posting the notices of non-22-105(2)responsibility.
Appears in 1 contract
Sources: Industrial Lease (Oakley Inc)
Mechanic’s Liens. (a) Tenant Field Contractor shall not suffer or permit any mechanic’s, laborer’s or materialman’s lien, or any other lien, to exist upon lands or the property of City by reason of Field Contractor’s operations hereunder, and Field Contractor shall hold City harmless from and against any and all such liens. If, however, as a result of any Unit Operations, any liens shall be filed upon any lands within the Unit Area owned by or subject to the control of City or the State by any mechanic, laborer or materialman, Field Contractor shall, with due diligence, and at Tenant's optionits own cost and expense, defend any action brought to foreclose such lien, and such cost and expense shall be borne by Field Contractor and shall not be chargeable to any Contractor’s Net Profits Account, and, if it shall be necessary for City or State to defend or prosecute any action arising out of any such lien for its own protection, Field Contractor shall pay and discharge all reasonable expense incurred in so doing at Field Contractor’s sole cost and expense, and such cost and expense shall not be chargeable to any Contractor’s Net Profits Account. In the event of judgment being rendered in favor of such claimant in any such action, Field Contractor will promptly pay the same on final judgment, together with all costs of suit, at Field Contractor’s sole cost and expense and such cost and expense shall not be chargeable to any Contractor’s Net Profits Account. The foregoing provisions of this article shall not apply to the extent of the principal amount of any obligation giving rise to any such lien where such obligation was incurred by reason of compliance with any request, approval, or determination of the City Manager or the Unit Operator, and shall not apply to any other costs and expenditures to the extent they were incurred by reason of such compliance. Field Contractor shall exercise due care and diligence in protecting from defacement or destruction any notices of non-responsibility for liens which City may post, or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liensposted, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against upon any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing property of the liensCity used by Field Contractor hereunder. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant Field Contractor 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together also comply with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) 7.6 of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right Unit Operating Agreement concerning Unit Operator’s obligations with respect to go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2)liens.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it or on behalf of Tenant or caused to be done by it or on behalf of Tenant on the Premises of a character which will or may result in liens on against Landlord's ’s interest therein and in the Premises, Building or Building Complex. Tenant warrants that it will keep the Demised Premises and Building Complex free and clear of all mechanic's liens, ’s liens and other liens on account of work done for or on behalf of Tenant or persons claiming under itTenant. Tenant shall indemnify hereby agrees to indemnify, defend and hold save Landlord harmless against any of and from all liability, loss, damagedamages, costs or expenses, including reasonable attorney's attorneys’ fees, on account of incurred in connection with any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others whatsoever for work performed for, or materials or supplies furnished to Tenant Tenant, including lien claims of laborers, materialmen or persons claiming under Tenant.
(b) others. Should any such liens be filed or recorded against the Premises Premises, Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or should any action affecting the title thereto be commenced due to Tenant's contracts with third partiescommenced, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed released of record within ten thirty (30) days after the filing of the liensnotice thereof. If a final judgment establishing the validity or existence Tenant desires to contest any such claim of a lien for any amount is enteredlien, Tenant shall pay and satisfy nonetheless cause such lien to be released of record by the same at onceposting of adequate security with a court of competent jurisdiction as may be provided by applicable law. If Tenant shall be in default in paying any charge for which such a mechanic's ’s lien or suit to foreclose the such a lien has been recorded or filedfiled and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costscosts associated therewith, and the amount so paid, together with interest at the Interest Rate and reasonable attorney's attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsas Additional Rent.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. TENANT HAS NO AUTHORITY TO CREATE ANY MECHANIC'S LIEN FOR LABOR OR MATERIAL AGAINST THE BUILDING OR THE PREMISES (a) OR ANY PORTION OF ANY OF THE FOREGOING). ALL PERSONS CONTRACTING WITH TENANT WHO FURNISH ANY MATERIALS OR SERVICES TO THE PREMISES, AND ALL MATERIALMEN, CONTRACTORS AND LABORERS, ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK TO TENANT PERSONALLY FOR PAYMENT FOR ANY SUCH WORK DONE OR MATERIAL FURNISHED DURING THE TERM OF THIS LEASE AND TENANT COVENANTS TO DISCLOSE THE PROVISIONS HEREOF TO SUCH PERSONS AS PROVIDED BY THE PROVISIONS OF FLA. STATS. ss.713.10 ("STATUTE"). Tenant shall, at Tenant's option, pay or cause agrees to execute a memorandum of this lease in recordable form such that same may be paid or provide bond for all costs for work done by it or caused to be done by it on recorded among the public records of the county in which the Premises are located to effectively place the public on notice of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under itprovision herein contained as contemplated by the Statute. Tenant shall indemnify and hold Landlord harmless against not permit any liability, loss, damage, costs mechanics or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of similar liens of laborers to remain upon the Premises for labor or materialmen or others for work performed for, or materials or supplies material furnished to Tenant or persons claiming under claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises, at the direction or with the consent of Tenant.
(b) Should any liens be filed , whether such work was performed or recorded against materials furnished before or after the Premises commencement of the term of this Lease. Tenant may, however, contest the validity of such lien or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesclaim; provided, Tenant shall give to Landlord written notice thereof. Tenant shall thereafter cause such liens reasonable security to be removed of record within ten days after the filing insure payment and to prevent any sale, foreclosure or forfeiture of the liensPremises by reason of such non-payment, if required by Landlord. If Upon a final judgment establishing determination of the validity of any such lien or existence of a lien for any amount is enteredclaim, Tenant shall immediately pay any judgment or decree rendered against Tenant or Landlord, including but not limited to, all proper costs 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 filedcharges, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with including reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable timesattorneys' fees, and shall have the right cause such lien to post and keep posted thereon notices such as those provided for by Section 38-22-105(2)be released of record without costs to Landlord.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, will pay or cause to be paid or provide bond for all costs and charges for work (a) done by it Tenant or caused to be done by it on Tenant, in or to the Premises of a character which will Premises, and (b) for all materials furnished for or may result in liens on Landlord's interest therein and connection with such work. Tenant will keep indemnify Landlord against and hold Landlord, the Premises free Premises, and clear the Project free, clear, and harmless of and from all mechanic's mechanics' liens and claims of liens, and all other liens liabilities, liens, claims, and demands on account of such work done for by or on behalf of Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for other than work performed forby Landlord pursuant to the Work Letter. If any such lien, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should at any liens be time, is filed or recorded against the Premises or any action affecting part of the title thereto be commenced due to Tenant's contracts with third partiesProject, Tenant shall give Landlord written notice thereof. Tenant shall thereafter will cause such liens lien to be removed discharged of record within ten (10) days after the filing of the lienssuch lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant shall will pay and satisfy the same at once. If Tenant shall fails to cause such lien to be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or fileddischarged of record as required, Landlord may (but may, at its option, declare this Lease in material default without being required to do so) further notice or pay such lien or judgment charge and any costsrelated costs and interest, and the amount so paid, together with reasonable attorney's attorneys' fees incurred in connection therewithwith such lien, shall will be immediately due from Tenant to Landlord with interest at as Additional Rent. Nothing contained in this Lease will be deemed the Default Rate from the dates consent or agreement of Landlord to subject Landlord's paymentsinterest in the Project to liability under any mechanics' or other lien law. Landlord shall If Tenant receives written notice that a lien has been or is about to be responsible for filed against the payment for all work (including Landlord's Work)Premises or the Project, and the removal of all liens of record relating to work of Landlord occurring prior or that any action affecting title to the Commencement DateProject has been commenced on account of work done by or for or materials furnished to or for Tenant, or, thereafter, work performed by it will immediately give Landlord or its contractors.
(c) written notice of such notice. At least five fifteen (15) days prior to the commencement of any work permitted (including but not limited to be done any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by persons requested by Tenant on the Premises in excess of $10,000.00or for Tenant, Tenant shall notify will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that work. Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).will
Appears in 1 contract
Sources: Office Lease (Lecstar Corp)
Mechanic’s Liens. Within ten (a10) days after Tenant shallreceives notice thereof, at Tenant's option, pay or Tenant shall cause to be paid discharged any mechanic’s, laborer’s, materialman’s or provide bond other lien to stand against the Leased Premises for all costs for work done by it any labor or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies material furnished to Tenant or persons claiming under claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on or about the Leased Premises by or at the direction or sufferance of Tenant.
, whether or not such work was performed or materials furnished with the consent of Landlord. Tenant, however, may contest the validity of any such lien or claim provided that Tenant shall deposit with Landlord a cash deposit of at least 150% of such lien or claim (bor such other security as Landlord shall reasonably require) Should and shall take all steps which may be reasonably required to prevent any liens be filed sale, foreclosure or recorded against forfeiture of the Premises Leased Premises, the Building or the Project by reason of nonpayment, and shall diligently prosecute the defense thereof. Upon a final determination of the validity of any action affecting the title thereto be commenced due to Tenant's contracts with third partiessuch lien or claim, Tenant shall give Landlord immediately pay any judgment or decree rendered, with all proper costs and charges, and shall cause any such lien to be released of record without cost to Landlord. If Tenant, in Landlord’s opinion, shall fail or cease to diligently prosecute such action or if Tenant shall fail to pay any judgment or decree rendered (including all interest, penalties, costs, charges and Landlord’s expenses, including court costs and attorneys’ fees), and Tenant shall fail to cure such failure within ten (10) days after written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filedfrom Landlord, Landlord may (but without being required to do so) pay the entire amount of such lien claim or lien, or such judgment or decree rendered and any costsother amounts set forth above, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates out of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, deposit and shall have return the right remainder of such amount, if any, to post and keep posted thereon notices such as those provided for by Section 38-22-105(2)Tenant.
Appears in 1 contract
Mechanic’s Liens. (a) The Tenant shallshall pay, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it the Tenant on the Premises of Property, or a character which will or may result in liens on the Landlord's ’s interest therein therein, and the Tenant will keep the Premises Property free and clear dear of all mechanic's liens, ’s liens and other liens on account of work done for the Tenant or persons claiming under it. The Tenant shall indemnify agrees to indemnify, defend and hold save the Landlord harmless against any of and from all liability, loss, damage, costs cost or expenses, including reasonable attorney's fees, ’s fees on account of any claims of any nature whatsoever, including claims of on liens of laborers or materialmen laborers, material men or others for work performed for, or materials or supplies furnished to the Tenant or persons claiming under the Tenant.
(b) . Should any liens be filed or recorded of record against the Premises Property, or any action affecting the title thereto be commenced due to Tenant's contracts with third partiescommenced, the Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten five days after notice from the filing Landlord. If the Tenant desires to contest any claim or lien, it shall furnish the Landlord with adequate security of at least one hundred fifty percent (150”/4) of the liens. If amount of the claim, plus estimated costs and interest and if a final judgment establishing the validity or existence of a any lien for any amount is entered, the Tenant shall pay and satisfy the same at once. If the Tenant shall be in default in paying any charge for which a mechanic's ’s lien or suit to foreclose the lien has been recorded or filed, it shall not have given Landlord security as set forth herein, the Landlord may (but without being required to do so) pay such lien or judgment claim, and any costscost thereon, and the amount so paid, together with reasonable attorney's ’s fees incurred in connection therewith, shall immediately be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsTenant.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, agrees to pay or cause to be paid or provide bond promptly for all costs and charges for all labor done or materials furnished for any work of repair, maintenance, improvement, alteration or addition, including, without limitation, installation of fixtures, done by it or caused to be done by it Tenant in connection with the Premises, and Tenant hereby indemnifies and agrees to hold Landlord and the Premises free, clear and harmless from and against all liens and claims of liens, and all other liabilities, claims and demands (including, without limitation, reasonable attorneys' fees), that arise by reason of such work. If any such lien shall at any time be filed against the Premises, or any portion of the Building, Tenant shall either cause the same to be discharged of record within twenty (20) days after the date upon which the same is filed or, if Tenant in its discretion and in good faith determines that such lien should be contested, Tenant shall record, in the office of the county recorder in which such claim of lien was recorded, a bond executed by a corporation authorized to issue surety bonds in the State of California, in a penal sum equal to one and one half (1 1/2) times the amount of the claim or one and one-half (1 1/2) times the amount allocated to the Premises (and/or to other portions of the Building, Project, or Property) to prevent any foreclosure proceedings against the Premises (and/or other portions of the Building, Project, or Property) during the pendency of such contest. Such bond shall be conditioned for the payment of any sum which the claimant may recover on the Premises claim together with the claimant's costs of a character which will suit in the action, if the claimant recovers therein. Nothing contained herein shall imply any consent or may result in liens agreement on the part of Landlord to subject Landlord's interest therein and Tenant will keep in the real property of which the Premises free and clear are a part to liability under any mechanics' or other lien law. Should Tenant receive notice that a claim of all mechanic's liens, and other liens on account of work done for Tenant lien has been or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished is about to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises Premises, the Building, Property or Project or that any action affecting the title thereto be to such property has commenced due or is about to Tenant's contracts with third partiescommence, Tenant shall give Landlord written immediately transmit such notice thereof. Tenant shall thereafter cause such liens and information to be removed of record within ten days after the filing of the liens. 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 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, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep in the Premises free shall not be subjected to liens of any nature by reason of Tenant's construction, alteration, repair, restoration, replacement or reconstruction of any improvements on or in the Premises, including those arising in connection with or as an incident to the construction of any tenant improvements or permitted Alterations, or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, mechanics' and clear materialmen's liens. All persons dealing with Tenant are hereby placed on notice that such person shall not look to Landlord or to Landlord's creditor's assets (including Landlord's interest in the Premises, Office Complex or Land) for payment or satisfaction of all any obligations incurred in connection with the construction, alteration, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlord's interest in the Premises, Office Complex or Land to any mechanic's liensor materialmen's lien or claim of lien or any other encumbrance whatsoever. If a lien, and other liens a claim of lien or an order for the payment of money shall be imposed against the Premises, Office Complex or Land on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forperformed, or materials alleged to have been performed, for or supplies furnished on behalf of Tenant, Tenant shall, within seven (7) days after written notice of the imposition of such lien, claim or order, cause the Premises, Office Complex and Land to Tenant be released therefrom by the payment of the obligation secured, by furnishing a bond or persons claiming under Tenant.
(b) Should by any liens be filed other method prescribed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiespermitted by law. If a lien is released, Tenant shall give promptly furnish Landlord with a written notice thereof. Tenant shall thereafter cause such liens to be removed instrument of record within ten days after release in form for recording in the filing office of the liens. If a final judgment establishing Clerk of the validity or existence of a lien for any amount is enteredCircuit Court, 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 filedBroward County, Landlord may (but without being required to do so) pay such lien or judgment and any costsFlorida, and otherwise sufficient to establish the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates release as a matter of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsrecord.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs and charges for work (a) done by it Tenant or caused to be done by it on Tenant, in or to the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liensPremises, and other liens on account of work done (b) for Tenant all materials furnished for or persons claiming under itin connection with such work. Tenant shall indemnify Landlord against and hold Landlord Landlord, the Premises, and the Project free, clear, and harmless against any liabilityof and from all mechanics’ liens and claims of liens, lossand all other liabilities, damageliens, costs or expensesclaims, including reasonable attorney's fees, and demands on account of any claims such work by or on behalf of any nature whatsoeverTenant, including claims of liens of laborers or materialmen or others for other than work performed forby Landlord pursuant to this Lease. If any such lien, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should at any liens be time, is filed or recorded against the Premises or any action affecting part of the title thereto be commenced due to Tenant's contracts with third partiesProject, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens lien to be removed discharged of record within ten thirty (30) days after the filing of the lienssuch 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 shall be in default in paying fails to pay any charge charge, cost or expense for which a mechanic's lien or suit to foreclose the mechanics’ lien has been recorded or filed, Landlord may (but without being required to do so) may, at its option, pay such lien or judgment charge and any costsrelated costs and interest, and the amount so paid, together with reasonable attorney's attorneys’ fees incurred in connection therewithwith such lien, shall be immediately due from Tenant to Landlord with interest at as Additional Rent. Nothing contained in this Lease will be deemed the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work consent or agreement of Landlord occurring prior to subject Landlord’s interest in the Project to liability under any mechanics’ or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises or the Project, or that any action affecting title to the Commencement DateProject has been commenced on account of work done by or for or materials furnished to or for Tenant, or, thereafter, work performed by it shall immediately give Landlord or its contractors.
(c) written notice of such notice. At least five fifteen (15) days prior to the commencement of any work permitted (including but not limited to be done any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by persons requested by Tenant on the Premises in excess of $10,000.00or for Tenant, Tenant shall notify give Landlord (i) written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that and (ii) two (2) copies of Tenant’s plans and specifications for such work. Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, and shall will have the right to post and keep posted thereon notices of nonresponsibility or similar written notices on the Premises in order to protect the Premises against any such as those provided for by Section 38-22-105(2)liens.
Appears in 1 contract
Sources: Office Lease (Dendreon Corp)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay shall not suffer or cause permit any mechanic’s liens to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting part thereof by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding (or claiming to hold) the title thereto be commenced due to Premises or any part thereof through or under Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. If a final judgment establishing the validity any such mechanic’s liens or existence notice of a lien for shall at any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall time be in default in paying any charge for which a mechanic's lien or suit to foreclose the lien has been recorded or filed, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on filed against the Premises in excess on account of $10,000.00, an alleged debt of Tenant shall notify Landlord or any notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such lien by a party engaged by ▇▇▇▇▇▇ or ▇▇▇▇▇▇’s contractor or materialmen to work on the Premises, Tenant shall cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise within forty-five (45) days after the date of filing the same, or in the event such party disputes the validity of such lien, such party may deposit 110% of the amount claimed by the lien holder in escrow with a title insurance company, and/or the other party, or as prescribed by law as security against foreclosure of the lien. If Tenant fails to discharge such mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord hereunder, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, and its representatives shall have the right to go upon and inspect the Premises at all reasonable timeslegal and other expenses of such party, including reasonable attorneys’ fees, in procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of five percent (5%) per annum from the date of payment shall be repaid by Tenant on demand. Any such amount owed by Tenant to Landlord shall become immediately due and payable by ▇▇▇▇▇▇ as Additional Rent with the next succeeding installment of monthly Base Rent which shall have become due after such demand. Nothing herein contained shall imply any consent or agreement on the right part of Landlord to post and keep posted thereon notices such as those provided for by Section 38-22-105(2)subject Landlord’s estate to liability under any mechanic’s lien law.
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. (aNo mechanic's or other lien shall be allowed to be filed against the estate of Landlord by reason of any work performed by Tenant pursuant to this Lease or by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant and/or its contractor(s) on or about the Premises. In the event any mechanic's or other lien shall at any time be filed against the Premises, Building and/or Land by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to any one holding the Premises through or under Tenant, Tenant shall, at within fourteen (14) days of the notice of filing thereof to Tenant's option, pay or cause the same to be paid discharged of record or provide bond for all costs for work done by it or caused appropriately bonded to the reasonable satisfaction of Landlord. If Tenant shall fail to cause such lien to be done so discharged or bonded after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by it on paying the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liensamount claimed to be due, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expensesthe amount so paid by Landlord, including reasonable attorney's feesfees incurred by Landlord either defending against such lien or in procuring the discharge of such lien, on account together with interest thereon at the maximum rate of any claims of any nature whatsoevertwelve percent (12%) per annum, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished shall be due and payable by Tenant to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereofas Rent. Tenant shall thereafter cause such liens have no power or authority to do any act or make any contract which may create or be removed of record within ten days after the filing of the liens. If a final judgment establishing the validity or existence of a lien foundation for any amount is enteredlien, Tenant shall pay and satisfy mortgage or other encumbrance upon the same at once. If Tenant shall be in default in paying any charge for which a mechanic's lien reversion or suit to foreclose the lien has been recorded or filed, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates other estate of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on interest in the Premises in excess of $10,000.00, Tenant shall notify Landlord of Building or the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)Land.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it Tenant or caused to be done by it Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant ▇▇▇▇▇▇ will keep the Premises free and clear of all mechanic's mechanics' liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify hereby agrees to indemnify, defend, and hold save Landlord harmless against any of and from all liability, loss, damage, costs costs, or expenses, including reasonable attorney's attorneys' fees, on account of any claims of any nature whatsoever, whatsoever including claims of or liens of laborers or materialmen or others for work performed for, for or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work (which term includes the supplying of materials), Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten five (5) days after the filing notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the liens. If amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of a 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 filedfiled and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's ’s fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's ’s contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record or bonded within ten twenty days after the filing of the liens. 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 shall be in default in paying any charge for which a mechanic's ’s lien or suit to foreclose the lien has been recorded or filed, Landlord may (but without being required to do so) pay such lien or judgment and any costs, and the amount so paid, together with reasonable attorney's ’s fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's ’s payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.002,500.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease Agreement
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen material men or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiescommenced, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord with security satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest. For purposes of the preceding sentence, a bond from a surety company reasonably satisfactory to Landlord in a form reasonably satisfactory to Landlord shall be satisfactory security. 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 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 given Landlord security as described above, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2)) or to take any further action which Landlord may deem to be proper for the protection of Landlord's interest in the Premises.
Appears in 1 contract
Mechanic’s Liens. (a) 31.1. If, because of any act or omission of Tenant, its employees, agents, contractors, or subcontractors, any mechanic's lien, other lien, charge or order for the payment of money shall be filed against Landlord or against all or any portion of the Premises, Tenant shall, at Tenant's optionits own cost and expense, pay or cause the same to be paid or provide bond for all costs for work done by it or caused to be done by it on discharged of record, within thirty (30) days after the Premises of a character which will or may result in liens on Landlord's interest therein filing thereof, and Tenant will keep the Premises free and clear of all mechanic's liensshall protect, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall defend, indemnify and hold harmless Landlord harmless against any liabilityand from all costs, lossliabilities, damagesuits, costs or expensespenalties, claims and demands, including reasonable attorney's feesfees resulting therefrom; provided, on account of any claims of any nature whatsoeverhowever, including claims of liens of laborers or materialmen or others for work performed for, or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 shall be in default in paying permitted to contest any charge for which such mechanic's lien, provided that the Tenant provides a bond or other security reasonably satisfactory to the Landlord and to the Landlord's Lender against any such mechanic's lien and provided further that the Tenant promptly pay any judgment related to the mechanic's lien if the Tenant's contest thereof shall fail. Notwithstanding the foregoing, nothing contained herein shall deem Tenant a partner or suit to foreclose the lien has been recorded or filed, Landlord may (but without being required to do so) pay such lien or judgment and any costsagent of Landlord, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973not, as amended). During any such work on the Premisesby reason hereof or otherwise, Landlord and its representatives shall have the right to go upon and inspect bind Landlord or the Premises at all to the payment of any such money.
31.2. The Landlord agrees that in the event any mechanic's lien is filed against the Premises as a result of work contracted for by the Landlord, the Landlord shall take reasonable timescommercial efforts either to settle the lien or to actively contest it so as to ensure that the Tenant's occupancy and enjoyment of the Premises is not adversely affected by the filing of such lien. In the event that any mechanic's lien is filed as a result of the Landlord's action, and shall have if Landlord is not successful in obtaining a release of such lien within thirty (30) days of the right date of filing of such lien, then Landlord shall, within ten (10) days thereafter, provide a bond, title insurance or other reasonable security to post and keep posted thereon notices such as those provided the Tenant providing protection to the Tenant for by Section 38-22-105(2)its leasehold estate hereunder.
Appears in 1 contract
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for ---------------- work done by it Tenant or caused to be done by it Tenant on the Premises (including work performed by Landlord or its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's mechanics, liens, and other liens on account of work done for Tenant or persons claiming under it, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant shall indemnify hereby agrees to indemnify, defend, and hold save Landlord harmless against any of and from all liability, loss, damage, costs costs, or expenses, including reasonable attorney's attorneys' fees, on account of any claims of any nature whatsoever, whatsoever including claims of or liens of laborers or materialmen or others for work performed for, for or materials or supplies furnished to Tenant or persons claiming under Tenant.
(b) . Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third partiesas a result of such work (which term includes the supplying of materials), Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten five (5) days after the filing notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security of at least one hundred fifty percent (150%) of the liens. If amount of the claim, plus estimated costs and interest and, if a final judgment establishing the validity or existence of a 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 filedfiled and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or judgment claim and any costs, and the amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease (Daily Journal Corp)
Mechanic’s Liens. (a) Tenant shall, at Tenantwill not permit any mechanic's option, pay or cause materialman's lien or liens to be paid placed upon the Leased Premises or provide bond improvements thereon or the Land or the Building during the Lease Term caused by or resulting from any work performed, materials furnished, or obligation incurred by or at the request of Tenant and nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for all costs for work done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under it. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account performance of any claims labor or the furnishing of any nature whatsoevermaterials for any specific improvement, including claims of liens of laborers or materialmen or others for work performed foralteration, or materials repair of or supplies furnished to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Leased Premises or any action affecting part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the title thereto be commenced due rendering of any services or the furnishing of any materials that would give rise to Tenantthe filing of any mechanic's, materialman's contracts with third partiesor other liens against the interest of Landlord in the Leased Premises. In the case of the filing of any lien on the interest of Landlord or Tenant in the Leased Premises, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens the same to be removed discharged of record within ten twenty (20) days after the filing of the liens. 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 oncesame. If Tenant shall be fail to discharge such lien within such period, then, in default in paying addition to any charge for which a mechanic's lien other right or suit to foreclose the lien has been recorded or filedremedy of Landlord, Landlord may (may, but without being required shall not be obligated to, discharge the same either by paying the amount claimed to do so) pay be due or by procuring the discharge of such lien by deposit in court or judgment and bonding. Any amount paid by Landlord for any costsof the aforesaid purposes, or for the satisfaction of any other lien, not caused or claimed to be caused by Landlord, and all reasonable legal and other expenses of Landlord, including reasonable counsel fees, in defending any such action or in or about procuring the amount so paiddischarge of such lien, together with reasonable attorney's fees incurred all necessary disbursements in connection therewith, with interest thereon at the rate of eighteen percent (18%) per annum from the date of payment shall be immediately due from paid by Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorson demand.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Office Sublease (Advancepcs)
Mechanic’s Liens. (a) No work performed by Tenant shallwhether in the nature of erection, at Tenant's optionconstruction, pay alteration or cause repair, shall bee deemed to be paid or provide bond for all costs for work done by it or caused to be done by it on the Premises immediate use and benefit of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all . No mechanic's liens, and or other liens on account lien shall attach to or be allowed to stand against the estate of work done for Landlord by reason of any improvements made by Tenant or persons claiming under itat the request or direction of Tenant. Tenant shall indemnify and hold Landlord harmless against pay promptly all persons furnishing labor or materials with respect to any liability, loss, damage, costs work performed by Tenant or expenses, including reasonable attorney's feesits contractor(s) in, on account or about the Lease Premises. In the event any mechanic's or other lien shall at any time be filed against the Lease Premises or the Commercial Center by reason of any claims of any nature whatsoeverwork, including claims of liens of laborers labor, services or materialmen materials performed or others for work performed forfurnished, or materials alleged to have been performed or supplies furnished furnished, to Tenant or persons claiming to anyone holding the Lease Premises through or under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens the same to be removed discharged of record within ten days after or bonded to the filing satisfaction of the liens. 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 onceLandlord. If Tenant shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then in default in paying addition to any charge for which a mechanic's lien other right or suit to foreclose the lien has been recorded or filedremedy of Landlord, Landlord may (but without being required discharge the same by paying the amount claimed to do so) pay such lien or judgment and any costsbe due, and the amount so paidpaid by Landlord (including actual attorney's fees and expenses incurred by Landlord either defending against such lien or in procuring the discharge of such lien), together with reasonable attorney's fees incurred in connection therewithinterest thereon, shall be immediately due from and payable by Tenant to Landlord with interest at the Default Rate from the dates of as additional Base Rental. Nothing herein contained shall be construed as a consent by Landlord for Tenant to make any alterations, improvements, installations or additions so as to give rise to any right to any laborer or materialman to file any mechanic's lien or any notice thereof, or any other lien purporting to affect Landlord's paymentsproperty or the Commercial Center. Landlord shall be responsible for the payment for all work NOTICE AND DISCLAIMER PURSUANT TO (including Landlord's Work)S)713.10, and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement DateFLA. STAT. PURSUANT TO (S)713.10, orFLA. STAT., thereafterTHE FEE SIMPLE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS, work performed by Landlord or its contractorsALTERATIONS, ADDITIONS, REMODELING OR REPAIRS ON TO OR ABOUT THE LEASE PREMISES MADE BY TENANT OR UNDER THE DIRECTION OR REQUEST OF TENANT. A COPY OF THIS LEASE HAS BEEN RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Commercial Lease Agreement (Sunstar Healthcare Inc)
Mechanic’s Liens. (a) No work performed by Tenant shallpursuant to this Lease, at Tenant's optionwhether in the nature of erection, pay construction, remodeling, alteration or cause repair, shall be deemed to be paid for the immediate use and benefit of Landlord so that no mechanic's lien or provide bond for all costs for work done other lien shall be allowed against the property or estate of Landlord by it or caused reason of any consent given by Landlord to be done by it on Tenant to improve the Premises of a character which will or may result in liens on nor shall Landlord's interest therein in the Premises be subject to any liens for improvements of any kind made by or at the direction of the Tenant and Tenant will keep the Premises free and clear of agrees to so notify all mechanic's liens, and other liens on account of work done for Tenant or persons claiming under itits contractors. Tenant shall indemnify and hold Landlord harmless against pay promptly all persons furnishing labor, materials or equipment with respect to any liability, loss, damage, costs or expenses, including reasonable attorney's fees, on account of any claims of any nature whatsoever, including claims of liens of laborers or materialmen or others for work performed forby Tenant or its contractor on or about the Premises. In the event any mechanic's lien or other lien shall at any time be filed against the Premises by reason of work, labor, services, equipment or materials performed or furnished, or materials alleged to have been performed or supplies furnished furnished, to Tenant or persons claiming to anyone holding the Premises through or under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due to Tenant's contracts with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter forthwith cause such liens the same to be removed discharged of record within ten days after or bonded to the filing satisfaction of the liens. 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 onceLandlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded within ten (10) days after being notified of the filing thereof then, in default in paying addition to any charge for which a mechanic's lien other right or suit to foreclose the lien has been recorded or filedremedy of Landlord, Landlord may (but without being required may, at any time thereafter, bond or discharge the same by paying the amount claimed to do so) pay such lien or judgment and any costsbe due, and the amount so paid, together with paid by Landlord including but not limited to reasonable attorney's fees incurred by Landlord either defending against such lien or in connection therewithprocuring the discharge of such lien, together with interest thereon at the Default Rate, shall be immediately due from and payable by Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractorsas Additional Rental.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and 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 thereon notices such as those provided for by Section 38-22-105(2).
Appears in 1 contract
Sources: Lease Agreement (Vialog Corp)
Mechanic’s Liens. (a) Tenant shall, at Tenant's option, shall pay or cause to be paid or provide bond for all costs for work construction done by it or caused to be done by it on the Premises of a character which will or may result in liens on Landlord's interest therein and as permitted by this Lease. Tenant will shall keep the Building, other improvements and land of which the Premises are a part free and clear of all mechanic's liens, and other liens on account of work done resulting from construction by or for Tenant or persons claiming under itTenant. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, costs have the right to contest the correctness or expenses, including reasonable attorney's fees, on account validity of any claims such lien if, immediately on demand by Landlord, Tenant deposits with Landlord and/or any appropriate court or title insurance company a bond or sum of money sufficient to allow issuance of title insurance against the lien and/or to comply with the statutory requirements for discharge of the lien found in § ▇▇-▇▇-▇▇▇ and § ▇▇-▇▇-▇▇▇, Colorado Revised Statutes, or any nature whatsoeversuccessor statutory provision. Landlord shall have the right to require Tenant's contractor(s), including claims of liens of laborers subcontractors and materialmen to furnish to both Tenant and Landlord adequate lien waivers on work or materialmen or others for work performed materials paid for, in connection with all periodic or materials final payments, by endorsement on checks, making of joint checks, or supplies furnished otherwise, and Landlord shall have the right to Tenant or persons claiming under Tenant.
(b) Should any liens be filed or recorded against the Premises or any action affecting the title thereto be commenced due review invoices prior to payment. Tenant's contracts failure to act in accordance with third parties, Tenant shall give Landlord written notice thereof. Tenant shall thereafter cause such liens to be removed of record within ten days after the filing of the liens. 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 foregoing shall be an event of default, subject to any applicable grace, notice or cure periods set forth in default Section 22 hereof, and Landlord may, in paying any charge for which a mechanic's lien or suit addition to foreclose the lien has been recorded or filedother remedies, Landlord may (but without being required to do so) pay such lien or judgment and any costsamounts, and the amount so paid, which together with reasonable attorney's attorneys' fees incurred in connection therewithand interest, shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's paymentsupon notice. Landlord shall be responsible for the payment for all work (including Landlord's Work), and the removal of all liens of record relating to work of Landlord occurring prior to the Commencement Date, or, thereafter, work performed by Landlord or its contractors.
(c) At least five days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises in excess of $10,000.00, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of Colorado Revised Statutes (1973, as amended). During any such work on the Premises, Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times, and shall have reserves the right to post notices on the Premises that Landlord is not responsible for payment of work performed and keep posted thereon notices such as those provided for by Section 38-22-105(2)that Landlord's interest is not subject to any lien.
Appears in 1 contract