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<br />12.1.3 There are no actions, suits or proceedings pending, or to the best <br />of Tenant's knowledge, threatened, against or affecting it or the Premises which, if <br />adversely determined, would materially impair the ability of Tenant to satisfy its <br />obligations under or relating to this Lease. health approvals and all other material permits <br />and licenses required by any governmental authority and necessary or advisable to <br />operate, occupy or use the Premises for the Permitted Use, all or which are unexpired, and to <br />the extent obtainable, permanent and unconditional, and, without cost or risk to Landlord, are <br />hereby assigned, to the extent assignable, to Landlord. <br /> <br />ARTICLE 13-RESERVED <br /> <br />13.1 Liens. Landlord shall have a lien against all of the property of the Tenant <br />which may be located on the Lease Premises, for unpaid rent or other charges. Tenant <br />hereby pledges and assigns to Landlord all the furniture, fixtures, goods and chattels of <br />Tenant which shall or may be brought or put on said Premises as additional security for <br />the payment of Tenant's monetary obligation under this Lease. Notwithstanding the <br />foregoing, Landlord agrees that his lien shall be subordinate to the lien of any financing or <br />lease hereafter obtained (other than from any parent, subsidiary or affiliated entity of Tenant) <br />for the purpose of acquiring or leasing any equipment, machinery or trade fixtures for use in <br />the operation of Tenant's business on the Premises. Tenant agrees that Landlord's lien <br />may be enforced by distress, foreclosure or otherwise at the election of the Landlord. This <br />provision shall be deemed to constitute a security agreement as that term is defined and <br />utilized in the Uniform Commercial Code in force in the State of Florida. <br /> <br />13.2 Prohibition and Indemnity Against Mechanic's and Materialman's Liens. <br /> <br />(a) Landlord and Tenant shall use their best efforts to prevent the creation of any <br />lien against the Premises on account of labor or materials furnished in connection <br />with any construction, maintenance, repairs or alterations each shall undertake. If any such <br />lien is filed against the Premises, the party contracting for such work (the "Contracting <br />Party") shall cause such lien to be released within ninety (90) days after actual notice of the <br />filing thereof or within thirty (30) days of actual notice shall furnish to the other party a <br />bond or other security reasonably satisfactory to the other, conditioned to indemnify the other <br />against the foreclosure of such lien. The Contracting Party shall have the right, after notice to <br />the other, to contest in good faith and with all due diligence any such lien and shall not be <br />required to pay any claim secured by such lien; provided that (i) such lien would not impair <br />the rights or be satisfied out of the interest of the other in the Premises by reason of such <br />delay, and (ii) the Contracting Party will, at its expense, defend the other and pay all costs <br />reasonably incurred by the other relating to the contest if the other is joined in any suit <br />pertaining thereto or if any such lien is placed upon the other's interest in the Premises. <br /> <br />(b) In no event shall anything contained in this Paragraph, or elsewhere in this <br />Lease, be deemed to subject Landlord's interest in the Premises to the lien of any person <br />doing work for or furnishing materials at the instance and request of Tenant. Tenant shall <br /> <br />20 <br />