Common use of Builders’ Liens Clause in Contracts

Builders’ Liens. Seller will not, by reason of the Agreement or anything done by it or Seller’s personnel under the Agreement, acquire any rights, interest or title in Buyer’s property or the Site. Seller will not permit, directly or indirectly, any liens to attach to Buyer’s property or against the Site. Any liens filed by anyone engaged by or through Seller in connection with the Agreement will be removed by Seller within five business days of receipt of notice to do so from Buyer. If Seller fails to do so, Buyer may, in its sole discretion: (a) pay the amount of the lien into court, plus such amount as the court may order for security for costs; or (b) negotiate and settle the lien claim with the lien claimant and pay the lien claimant directly, in which case the full amount paid into court or paid to the lien claimant, as applicable, together with all costs of Buyer associated therewith, are to be deducted from any amounts due from Buyer to Seller or, if such amounts exceed the amount due, then Seller on demand shall immediately reimburse Buyer for such payment. Seller agrees to indemnify and hold harmless the Indemnified Parties from any and all Losses based on or relating to liens filed by anyone engaged by or through Seller.‌

Appears in 2 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

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Builders’ Liens. Seller will not, by reason of the Agreement or anything done by it or Seller’s personnel under the Agreement, acquire any rights, interest or title in Buyer’s property or the Site. Seller will not permit, directly or indirectly, any liens to attach to Buyer’s property or against the Site. Any liens filed by anyone engaged by or through Seller in connection with the Agreement will be removed by Seller within five business days of receipt of notice to do so from Buyer. If Seller fails to do so, Buyer may, in its sole discretion: (a) pay the amount of the lien into court, plus such amount as the court may order for security for costs; or (b) negotiate and settle the lien claim with the lien claimant and pay the lien claimant directly, in which case the full amount paid into court or paid to the lien claimant, as applicable, together with all costs of Buyer associated therewith, are to be deducted from any amounts due from Buyer to Seller or, if such amounts exceed the amount due, then Seller on demand shall immediately reimburse Buyer for such payment. Seller agrees to indemnify and hold harmless the Indemnified Parties from any and all Losses based on or relating to liens filed by anyone engaged by or through Seller.‌Seller.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

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Builders’ Liens. Seller will not, by reason of the Agreement or anything done by it or Seller’s personnel under the Agreement, acquire any rights, interest or title in Buyer’s property or the Site. Seller will not permit, directly or indirectly, any liens to attach to Buyer’s property or against the Site. Any liens filed by anyone engaged by or through Seller in connection with the Agreement will be removed by Seller within five business days of receipt of notice to do so from Buyer. If Seller fails to do so, Buyer may, in its sole discretion: (a) pay the amount of the lien into court, plus such amount as the court may order for security for costs; or (b) negotiate and settle the lien claim with the lien claimant and pay the lien claimant directly, in which case the full amount paid into court or paid to the lien claimant, as applicable, together with all costs of Buyer associated therewith, are to be deducted from any amounts due from Buyer to Seller or, if such amounts exceed the amount due, then Seller on demand shall immediately reimburse Buyer for such payment. Seller Xxxxxx agrees to indemnify and hold harmless the Indemnified Parties from any and all Losses based on or relating to liens filed by anyone engaged by or through Seller.‌

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

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