Common use of Payment for the Work Clause in Contracts

Payment for the Work. (a) If Empire HealthChoice d/b/a Empire Blue Cross Blue Shield (or any successor thereto) and its Affiliates shall at any time have net worth less than ten (10) times the cost of any Tenant Change, Landlord may require Tenant, if the change is a Material Tenant Change and if reasonable under the circumstances, to obtain and furnish to Landlord (or require Tenant's general contractor to obtain and furnish to Landlord) a performance and payment bond satisfactory to Landlord naming Tenant and Landlord as their interests may appear; it being understood and agreed, however, that Tenant (and Tenant's general contractor) shall have no obligation to obtain and furnish to Landlord a payment and performance bond in connection with the Tenant Initial Work. Notwithstanding the foregoing, all other tenants and occupants of all or any portion of the Premises other than Empire HealthChoice d/b/a Empire blue Cross/Blue Shield (or any successor thereto) and its Affiliates shall be required, if reasonable under the circumstances, prior to the commencement of any Material Tenant Change, to obtain and furnish to Landlord (or to require their general contractor to obtain and furnish to Landlord) a performance and payment bond as aforesaid. (b) Any mechanic's lien filed against the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, any Affiliate or subtenant of Tenant, or any other Person acting by or under any of the foregoing shall be discharged by Tenant within thirty (30) days after Tenant shall have received notice thereof. If Tenant shall fail to discharge any mechanic's lien within such thirty (30) day period as aforesaid, Landlord may, but shall not be obligated to, discharge the mechanic's lien by bond, payment or otherwise and the cost of the discharge will be paid by Tenant to Landlord as Additional Rent upon receipt of Landlord's invoice therefor.

Payment for the Work. A. All Tenant Changes shall be performed by Tenant at its sole cost and expense (a) If Empire HealthChoice d/b/a Empire Blue Cross Blue Shield (or any successor thereto) but subject to reimbursement from the Landlord’s Contribution as provided and its Affiliates shall at any time have net worth less than ten (10) times subject to the cost limitations contained in Article 35 hereof with respect to Tenant’s Initial Work). B. Upon the completion of any Tenant ChangeChange in accordance with the terms of this Article 13, Tenant shall submit to Landlord may require Tenantof (i) proof evidencing the payment in full for such Alterations, if (ii) written unconditional lien waivers of mechanics’ liens and other liens on the change is a Material Tenant Change Land or the Building from all contractors, materialman and if reasonable other service providers permitted by applicable Legal Requirement to file any such lien, and (iii) all submissions required under the circumstances, to obtain Construction Rules and furnish to Landlord (or require Tenant's general contractor to obtain and furnish to Landlord) a performance and payment bond satisfactory to Landlord naming Tenant and Landlord as their interests may appear; it being understood and agreed, however, that Tenant (and Tenant's general contractor) shall have no obligation to obtain and furnish to Landlord a payment and performance bond in connection with the Tenant Initial Work. Notwithstanding the foregoing, all other tenants and occupants of all or any portion of the Premises other than Empire HealthChoice d/b/a Empire blue Cross/Blue Shield (or any successor thereto) and its Affiliates shall be required, if reasonable under the circumstances, prior to the commencement of any Material Tenant Change, to obtain and furnish to Landlord (or to require their general contractor to obtain and furnish to Landlord) a performance and payment bond as aforesaidRegulations. (b) C. Any mechanic's ’s lien filed against the Building and/or the Unit for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, any Affiliate or subtenant of Tenant, or any other Person acting by or under any of the foregoing shall be discharged or bonded over by Tenant within thirty (30) days after Tenant shall have received notice (from whatever source) thereof. If Tenant shall fail to discharge or bond over any mechanic's ’s lien within such thirty (30) day period as aforesaid, Landlord may, but shall not be obligated to, discharge the mechanic's ’s lien by bond, payment or otherwise and the cost of the discharge will discharge, together with interest thereon at the Interest Rate, shall be paid by Tenant to Landlord as Additional Rent upon receipt within thirty (30) days of Landlord's invoice ’s demand therefor.