LIENS
(1)
Lien of Lessor: The Lessor shall have a first and best lien, paramount to all
others, upon every right and interest of the Lessee to and in the said
demised premises and to and in this lease and in and to all improvements
which become fixtures erected or placed on or in said demised premises
by Lessee, as security for the payment of the entire amount of rent payable
under this lease, and for the payment of all moneys payable under any
obligation or engagement of the Lessee contained in this lease, and as
security for the performance and observance of all and singular the
covenants, agreements, conditions and obligations of this lease to be
performed by the Lessee.
(2)
Liens and Insolvency. Lessee shall keep Leased Premises and the property
in which Leased Premises are situated, free from any liens arising out of any
work performed, materials furnished or obligations incurred by Lessee. In the
event Lessee becomes insolvent., voluntarily or involuntarily bankrupt, or if a
receiver, assignee, or other liquidating officer is appointed for the business of
the Lessee, then Lessor may cancel this Lease at Lessor's option.
(3)
Liens and Encumbrances.
Encumbering Title. Lessee shall not do any act which shall in any way
encumber the title of Lessor in and to the Leased Premises, nor shall the
interest or estate of Lessor in the Leased Premises be in any way subject
to any claim by way of lien or encumbrance, whether by operation of law
or by virtue of any express or implied contract by Lessee. Any claim to,
or lien upon, the Leased Premises arising from any act or omission of
Lessee shall accrue only against the leasehold estate of Lessee and shall
be subject and subordinate to the paramount title and rights of Lessor in
and to the Leased Premises.
Liens and Right to Contest. Lessee shall not permit the Leased Premises
to become subject to any mechanics'. laborers' or materialmen's lien on
account of labor or material furnished to Lessee or claimed to have been
furnished to Lessee in connection with work of any character performed or
claimed to have been performed on the Leased Premises by, or at the
direction or sufferance of, Lessee; provided further, however, that on final
determination of the lien or claim for lien, Lessee shall immediately pay
any judgment rendered, with all proper costs and charges, and shall have
the lien released and any judgment satisfied.
(4)
Liens. Lessee shall not do any act which shall in any way encumber the
title of Lessor in and to said demised premises, nor shall the interest or
estate of Lessor in said demised premises be in any way subject to any
claim by way of lien or encumbrance, whether by operation of law or by
virtue of any express or implied contract by Lessee, and any claim to or
lien upon said demised premises arising from any act or omission of
Lessee shall accrue only against the leasehold estate of Lessee and
shall in all respects be subject and subordinate to the paramount title
and rights of Lessor in and to said premises and the buildings and
improvements thereon. Lessee will not permit the demised premises
to become subject to any mechanics', laborers' or materialmen's lien on
account of labor or material furnished to Lessee or claimed to have been
furnished to Lessee in connection with work of any character performed
or claimed to have been performed on the demised premises by or at
the direction or sufferance of Lessee; provided, however, that Lessee
shall have the right to contest in good faith and with reasonable
diligence, the validity of any such lien or claimed lien if Lessee shall
give to Lessor such security as may be demanded by Lessor to insure
payment thereof and to prevent any sale, foreclosure or forfeiture of the
demised premises by reason of non-payment thereof; provided, on final
determination of the lien or claim for lien, Lessee will immediately pay
any judgment rendered, with all proper costs and charges, and will, at
its own expense, have the lien released and any judgment satisfied.
In case Lessee shall fail to contest the validity of any lien or claimed lien
and give security to Lessor to insure payment thereof, or having
commenced to contest the same and having given such security, shall
fail to prosecute such contest with diligence, or shall fail to have the
same released and satisfy any judgment rendered thereon, then Lessor
may, at it's election (but shall not be required so to do,) remove or
discharge such lien or claim for lien (with the right, in its discretion, to
settle or compromise the same), and any amounts advanced by Lessor
for such purposes shall be so much additional rental due from Lessee to
Lessor at the next rent day after any such payment, with interest at the
rate of ten per cent (10%) per annum from the date of payment thereof.
(5)
Article - Mechanics' Liens. Lessee shall pay and discharge, and shall
wholly protect and save harmless Lessor from, any and all demands or
claims which may or could constitute liens by reason of the performance
of labor or services on, or the delivery of supplies, equipment or material
to, the Property prior to or during the term hereof at the direction of for
the account of Lessee. If any mechanics' liens shall be filed against the
Property during the term of this Agreement and Lease for or on account
of any labor, services, supplies, equipment or material furnished to
Lessee or on Lessee's behalf, Lessee shall pay or otherwise discharge
the same.
(6)
Lessee shall pay and discharge, and shall wholly protect and save
harmless the Lessor from, any and all demands or claims which
may or could constitute liens by reason of the performance of labor
or services on, or the delivery of supplies, equipment or material to,
the Property during the term hereof and at the direction of the Lessee.
If any mechanics' liens shall be filed against the Premises and/or
Property during the term of this Agreement and Lease for-or on
account of any labor, services, supplies, equipment or material
furnished to and at the direction of the Lessee, the Lessee shall
pay or otherwise discharge the same, except for liens arising out
of such items furnished in fulfillment of Lessor's obligations
hereunder which shall be paid by Lessor.
(7)
Lessee shall pay and discharge, and shall wholly protect and save
harmless Lessor from, any and all demands or claims which may or
could constitute liens by reason of the performance of labor or services
on, or the delivery of supplies, equipment or material to, the Property
prior to or during the term hereof at the direction on for the account of
Lessee. If any mechanics' liens shall be filed against the Property
during the term of this Lease for or on account of any labor, services,
supplies, equipment or material furnished to Lessee or on Lessee's
behalf, Lessee shall pay or otherwise discharge the same in a manner
satisfactory to Lessor.
(8)
Liens: Except for such as it may be contesting in good faith, Lessee will
promptly pay and discharge all claims for work or labor done, supplies
furnished or services rendered at the request of Lessee and will keep the
premises free and clear of all mechanics' and materialmen's liens in
connection therewith.
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