Common use of All Payments Subject to Release of Liens Clause in Contracts

All Payments Subject to Release of Liens. At the time of each Scheduled Payment hereunder, Contractor shall (a) certify to Concessionaire that the DB 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 DB 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 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 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 C hereto, from each Subcontractor with a Subcontract in excess of $50,000 on the payment date next following the date on which final payment to such Subcontractor is made.

All Payments Subject to Release of Liens. At the time of each Scheduled Payment hereunder, Contractor shall (a) certify to Concessionaire that the DB 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 DB 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 C hereto, from each Subcontractor B hereto with a Subcontract in excess of $50,000 on the payment date next following the date on which Contractor’s final payment invoice to such Subcontractor is madeConcessionaire.

All Payments Subject to Release of Liens. At the time of each Scheduled Payment (or portion thereof) hereunder, Contractor shall (a) certify to Concessionaire Owner, and provide to Owner sufficient documentation (including, without limitation, an interim lien waiver and release in the form attached as Appendix O-1) to establish that the DB ProjectFacility, the Project Right of Way Site and any and all interests and estates therein, and all improvements and materials placed on the Project Right of WaySite, are, to the extent of the most recent payment received by Contractor, are free from any and all Claimsclaims, 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 DB Work, and (b) provide an interim lien waiver, in the form copies 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 Project or the Project Right of Way), of Contractor’s lien Claims, to the extent of the most recent payment received by Contractor, releases and interim lien waivers, in the form of Exhibit E hereto, waivers from each Subcontractor with a Subcontract in excess of $50,000, to the extent of the most recent payment received by Contractor, Subcontractors under Subcontracts as are necessary to support Contractor’s certificatecertificate (including, without limitation, a Subcontractor interim lien waiver and release in the form attached as Appendix O-2). If Notwithstanding any Claimother provision to the contrary in the Contract, if any claim, lien, security interest or encumbrance is filed or notification of withholding money for labor or material furnished under this Agreement the Contract is served on Concessionaire, the Department Owner or any Financing Partyowner of the Site, Concessionaire Owner may withhold from any Scheduled Payment or other amount payable to Contractor under this Agreement the Contract 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 Project and the Project Right of Way against such liens or Claims, claims and, after thirty (30) days from the time such a lien is filed or Claim otherwise attaches or a claim is made, unless Contractor shall have furnished a bond as described above, Concessionaire may discharge such lien or Claim claim with the moneys withheld, whereupon for purposes of this Agreement the Contract such moneys shall be deemed to have been paid to Contractor hereunderhereunder on account of the next Scheduled Payment(or any subsequent Scheduled Payment, as necessary) to become due and payable. In addition, Contractor shall deliver to Concessionaire Owner a copy of a final release release, assignment and waiver of liens, in the form of Exhibit C heretoAppendix O-3, from each Subcontractor with that would otherwise have had the right to place a Subcontract in excess of $50,000 lien or encumbrance on the Facility, the Site or any interests or estates therein, or any improvements or materials placed on the Site on the payment date next following the date on which final payment to such Subcontractor is made.. Furthermore, prior to Provisional Performance Acceptance, Contractor shall provide to Owner a final release, assignment and waiver of liens, in the form of Appendix O-3, from each Subcontractor who has not previously provided such a final release and Contractor’s final lien waiver in the form of Appendix N. Notwithstanding anything to the contrary above, if Contractor fails to deliver any required release or waiver of a Subcontractor, Contractor may provide to Owner, in lieu thereof, a bond, in form, and issued by a Person, satisfactory to Owner, to fully indemnify Owner against any loss resulting from claims, liens or other interests of such Subcontractor. OWNER’S RESPONSIBILITIES

All Payments Subject to Release of Liens. At the time of each Scheduled Payment hereunder, Contractor shall (a) certify to Concessionaire that the DB 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 Claimsclaims, 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 DB 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 Project or the Project Right of Way), of Contractor’s lien Claimsclaims, 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 Claimclaim, 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 VDOT 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 Claimsclaims, unless Contractor shall furnish a bond in form, substance and amount reasonably satisfactory to Concessionaire, the Department VDOT and the Financing Parties to protect Concessionaire, the Project and the Project Right of Way against such liens or Claimsclaims, and, after thirty (30) days from the time such lien or Claim claim is made, unless Contractor shall have furnished a bond as described above, Concessionaire may discharge such lien or Claim 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 C hereto, from each Subcontractor with a Subcontract in excess of $50,000 on the payment date next following the date on which final payment to such Subcontractor is made.

All Payments Subject to Release of Liens. At the time of each Scheduled Payment hereunder, Contractor shall (a) certify to Concessionaire that the DB 395 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 DB 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 395 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 395 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 C hereto, from each Subcontractor B hereto with a Subcontract in excess of $50,000 on the payment date next following the date on which Contractor’s final payment invoice to such Subcontractor is madeConcessionaire.

All Payments Subject to Release of Liens. At the time of No less than thirty (30) days after each Scheduled Payment hereunderfor Work completed by the Turnkey Contractor, the Turnkey Contractor shall (ai) certify to Concessionaire the MEP Participants, and provide to the MEP Participants sufficient documentation (including, without limitation, an interim lien waiver and release in the form of Appendix H-2 or such other form as may be effective under Applicable Law) to establish, that the DB ProjectFacilities, the Project Right of Way Facility Sites and any and all interests interests, rights and estates therein, and all improvements and materials placed on or buried within the Project Right of WayFacility Sites, are, to the extent of the most recent payment received by Contractor, are free and clear from any and all Claimsclaims, liens, security interests or encumbrances in the nature of mechanics’, labor labour or materialmen’s liens or otherwise, arising out of or in connection with this Agreement or performance by Contractor, the Turnkey Contractor or any Subcontractor, Subcontractor of the DB Work, and (bii) provide an interim lien waiver, in the form copies 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 Project or the Project Right of Way), of Contractor’s lien Claims, to the extent of the most recent payment received by Contractor, releases and interim lien waivers, in the form of Exhibit E hereto, waivers from each Subcontractor with a Subcontract in excess of $50,000, to the extent of the most recent payment received by Contractor, Subcontractors under Subcontracts as are necessary to support and verify the Turnkey Contractor’s certificate. If any Claimclaim, lien, security interest or encumbrance is filed or notification of withholding money for labor labour or material furnished under this Agreement is served on Concessionairethe MEP Participants, the Department or any Financing Party, Concessionaire MEP Participants may withhold from any later Scheduled Payment or other amount payable to the Turnkey Contractor under this Agreement or otherwise, an amount sufficient to discharge any or all such liens or Claims, unless claims if such lien or claim is not discharged or bonded by the Turnkey Contractor shall furnish a bond in form, substance and amount reasonably satisfactory to Concessionaire, the Department and the Financing Parties to protect Concessionaire, the Project and the Project Right of Way against such liens or Claims, and, after within thirty (30) days from the time such lien or Claim is made, unless of MEP Participants’ notice to Turnkey Contractor shall have furnished a bond as described above, Concessionaire may to discharge such lien or Claim claim. In the event the Turnkey Contractor has not discharged or bonded such lien or claim within the above referenced thirty (30) day period, then the MEP Participants may withhold the necessary amount and 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 the Turnkey Contractor hereunderon account of the next Scheduled Payment(s) to become due and payable. In addition, within thirty (30) days after the final payment to each Subcontractor is made by the Turnkey Contractor, the Turnkey Contractor shall deliver to Concessionaire the MEP Participants a copy of a final release release, assignment and waiver of liens, in the form of Exhibit C heretoAppendix H-3 or such other form as may be effective under Applicable Law, from any Subcontractor that would otherwise have had the right to place a lien or encumbrance on the Facilities, the Facility Sites or any interests, rights or estates therein, or any improvements or materials placed on the Facility Sites. Furthermore, as a condition to Work Completion, the Turnkey Contractor shall deliver to the MEP Participants a final release, assignment and waiver of liens, in the form attached as Appendix H-3 or such other form as may be effective under Applicable Law, from each Subcontractor which has not previously provided such a final release, and subject to the final Scheduled Payment by the MEP Participants associated with the Work Completion, the Turnkey Contractor’s final lien waiver in the form attached as Appendix H-1 or such other form as may be effective under Applicable Law. Notwithstanding anything to the contrary herein, if the Turnkey Contractor fails to deliver any required release or waiver of a Subcontract Subcontractor, the Turnkey Contractor may provide to the MEP Participants, in excess lieu thereof, a bond, in form and issued by a Person satisfactory to the MEP Participants, to secure the Turnkey Contractor’s obligation to fully indemnify the MEP Participants against any Loss or Damage resulting from or arising out of $50,000 on the payment date next following the date on which final payment to any and all claims, liens or other interests of such Subcontractor is madeSubcontractor.