All Payments Subject to Release of Liens Sample Clauses

All Payments Subject to Release of Liens. At the time of each Scheduled Payment hereunder, Contractor shall (a) certify to Concessionaire that the Xxxx Ex Project, the Project Right of Way and any and all interests and estates therein, and all improvements and materials placed on the Project Right of Way, are, to the extent of the most recent payment received by Contractor, free from any and all Claims, liens, security interests or encumbrances in the nature of mechanics’, labor or materialmen’s liens or otherwise, arising out of or in connection with performance by Contractor, or any Subcontractor, of the TTMS Work, and (b) provide an interim lien waiver, in the form of Exhibit D hereto (or, solely in the case of vendors providing materials or equipment valued at less than $50,000 in the aggregate, other evidence reasonably satisfactory to Concessionaire demonstrating that such vendor has waived or is not entitled to place any lien on any part of the Xxxx Ex Project or the Project Right of Way), of Contractor’s lien Claims, to the extent of the most recent payment received by Contractor, and interim lien waivers, in the form of Exhibit E hereto, from each Subcontractor with a Subcontract in excess of $50,000, to the extent of the most recent payment received by Contractor, as are necessary to support Contractor’s certificate. If any Claim, lien, security interest or encumbrance is filed or notification of withholding money for labor or material furnished under this Agreement is served on Concessionaire, the Department or any Financing Party, Concessionaire may withhold from any Scheduled Payment or other amount payable to Contractor under this Agreement or otherwise, an amount sufficient to discharge any or all such liens or Claims, unless Contractor shall furnish a bond in form, substance and amount reasonably satisfactory to Concessionaire, the Department and the Financing Parties to protect Concessionaire, the Xxxx Ex Project and the Project Right of Way against such liens or Claims, and, after thirty (30) days from the time such lien or Claim is made, unless Contractor shall have furnished a bond as described above, Concessionaire may discharge such lien or Claim with the moneys withheld, whereupon for purposes of this Agreement such moneys shall be deemed to have been paid to Contractor hereunder. In addition, Contractor shall deliver to Concessionaire a final release and waiver of liens, in the form of Exhibit B hereto with Contractor’s final invoice to Concessionaire.

All Payments Subject to Release of Liens. Prior to payment by Owner of any invoice submitted by Major Vendor (or portion thereof), Major Vendor shall: (a) certify to Owner, and provide to Owner sufficient Documentation (including an interim lien waiver and release substantially in the form of Exhibit K-1 and acceptable to Owner and Lenders) to establish that the Major Equipment, the Major Vendor Services, the Project, the Site and any and all interests therein, and all equipment, supplies, materials and items placed on the Site, are free from any and all claims for payment, liens, charges, security interests or encumbrances; and (b) provide copies of such interim releases and waivers from Subcontractors as are necessary to support Major Vendor’s certificate. As a condition of Handover, Major Vendor shall deliver to Owner a final release and waiver of liens substantially in the form of Exhibit K-2, executed by each Subcontractor.