Reso 2003-604 - Laserfiche WebLink

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health approvals and all other material permits and licenses required by any governmental authority and necessary or advisable to operate, occupy or use the Premises for the Permitted Use, all or which are unexpired, and to the extent obtainable, permanent and unconditional, and, without cost or risk to Landlord, are hereby assigned, to the extent assignable, to Landlord. ARTICLE 13 RESERVED 13.1 Liens Landlord shall have a lien against all of the property of the Tenant which may be located on the Lease Premises, for unpaid rent or other charges. Tenant hereby pledges and assigns to Landlord all the furniture, fixtures, goods and chattels of Tenant which shall or may be brought or put on said Premises as additional security for the payment of Tenant's monetary obligation under this Lease. Notwithstanding the foregoing, Landlord agrees that his lien shall be subordinate to the lien of any financing or lease hereafter obtained (other than from any parent, subsidiary or affiliated entity of Tenant) for the purpose of acquiring or leasing any equipment, machinery or trade fixtures for use in the operation of Tenant's business on the Premises. Tenant agrees that Landlord's lien may be enforced by distress, foreclosure or otherwise at the election of the Landlord. This provision shall be deemed to constitute a security agreement as that term is defined and utilized in the Uniform commercial Code in force in the State of Florida. 13.2 Prohibition and Indemnity Against Mechanic's and Materialman's Liens. (a) Landlord and Tenant shall use their best efforts to prevent the creation ofany lien against the Premises on account of labor or materials furnished in connection with any construction, maintenance, repairs or alterations each shall undertake. If any such lien is filed against the Premises, the party contracting for such work (the "Contracting Party") shall cause such lien to be released within ninety (90) days after actual notice of the filing thereof or within thirty (30) days of actual notice shall furnish to the other party a bond or other security reasonably satisfactory to the other, conditioned to indemnify the other against the foreclosure of such lien. The Contracting Party shall have the right, after notice to the other, to contest in good faith and with all due diligence any such lien and shall not be required to pay any claim secured by such lien; provided that (i) such lien would not impair the rights or be satisfied out of the interest of the other in the Premises by reason of such delay, and (ii) the Contracting Party will, at its expense, defend the other and pay all costs reasonably incurred by the other relating to the contest if the other is joined in any suit pertaining thereto or if any such lien is placed upon the other's interest in the Premises. (b) In no event shall anything contained in this Paragraph, or elsewhere in this Lease, be deemed to subject Landlord's interest in the Premises to the lien of any person doing work for or furnishing materials at the instance and request of Tenant. Tenant shall have no authority to create any liens for labor or materials on or against the Landlord's interest in the Premises and all persons contracting with Tenant for the erection, installation, alteration or repair of any building or other improvement in, on or to the Premises, and all materialmen, contractors, subcontractors, sub subcontractors, mechanics and laborers are hereby charged with notice that - 17 -