Debts for Construction. Tenant shall cause all debts and liabilities incurred in the construction, maintenance, operation and development of the Leased Property, including without limitation all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Leased Property, to be promptly paid. Notwithstanding the foregoing, Tenant may in good faith by appropriate proceedings contest the validity, applicability or amount of any asserted mechanic's or materialmen's lien and pending such contest Tenant shall not be deemed in default under this subparagraph (or subparagraphs 9.(t) or 9.(u)) because of the contested lien if (1) within sixty (60) days after being asked to do so by Landlord, Tenant bonds over to Landlord's satisfaction any contested liens alleged to secure an amount in excess of $3,000,000 (individually or in the aggregate), (2) Tenant diligently prosecutes such contest to completion in a manner reasonably satisfactory to Landlord, and (3) Tenant promptly causes to be paid any amount adjudged by a court of competent jurisdiction to be due, with all costs and interest thereon, promptly after such judgment becomes final; provided, however, that in any event each such contest shall be concluded and the lien, interest and costs shall be paid prior to the date (i) any criminal action may be instituted against Landlord or its directors, officers or employees because of the nonpayment thereof or (ii) any writ or order is issued under which any property owned by Landlord (including the Leased Property) may be seized or sold or any other action may be taken against Landlord or any property owned by Landlord because of the nonpayment thereof. (p)
Debts for Construction. Grantor will cause all debts and liabilities of any character, including without limitation all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Property, incurred in the construction, maintenance, operation or development of the Property to be paid before the same become delinquent. Notwithstanding the foregoing, Grantor in good faith may contest, by appropriate proceedings, the validity, applicability or amount of any asserted mechanics' or materialmen's liens, and, pending such contest, Grantor shall not be deemed in Default hereunder if Grantor provides the Collateral Agent with security reasonably satisfactory to the Collateral Agent and if Grantor promptly causes to be paid any amount adjudged by a court of competent jurisdiction to be due, with all costs and interest thereon, promptly after such judgment becomes final; provided, however, that in any event each such contest shall be concluded and the lien, interest and costs shall be paid, bonded around or otherwise removed prior to the date any writ or order is issued under which the Property, or any part thereof, may be sold. No security (or reserve required in (b) above) is required until such time
Debts for Construction. Grantor will cause all debts and liabilities of any character, including without limitation, all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property, incurred in the construction, maintenance, operation and development of the Mortgaged Property, to be promptly paid.
Debts for Construction. Grantor will cause all debts and liabilities of any character, including without limitation, all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property, incurred in the construction, maintenance, operation and development of the Mortgaged Property (subject to retainage), to be paid before past due.
Debts for Construction. Grantor will cause all debts and liabilities of any character, including without limitation all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Property; incurred in the construction, maintenance, operation and development of the Property to be promptly paid. Grantor shall comply with the Loan Agreement relating to disbursement of construction funds and lien waivers in connection with such disbursements. Pursuant to the Loan Agreement, Grantor shall cause payment and performance bonds to be maintained. If Grantor fails to maintain such payment and performance bonds, and in the event Grantor fails to discharge any mechanic's liens filed against the Property or any portion thereof, in addition to any other right or remedy provided to the Noteholder hereunder, the Noteholder may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; notwithstanding the foregoing to the contrary, Grantor shall have the right to contest in good faith any such mechanic's liens filed against the Property in accordance with Section 4.1 (r) of the Loan Agreement. It any suit or proceeding shall be brought to foreclose or enforce any such lien, Grantor shall, at its own sole cost and expense, promptly pay, satisfy and discharge any final judgment entered therein, and if Grantor fails to do so, then the Noteholder, at its option, may do so. All amounts, charges, costs, expenses, fees and sums incurred or disbursed by the Noteholder in connection with the foregoing shall be a demand obligation owing by Grantor to the Noteholder pursuant to this Mortgage and shall be subject to and covered by the provision of paragraph 2.3 hereof.
Debts for Construction. Borrower will cause all debts and liabilities relating to utilities servicing the Property to be promptly paid. Borrower will cause all debts and liabilities of any character, including without limitation all debts and liabilities for labor, material, fixtures and equipment which are subject to the Security Documents, incurred in the construction, maintenance, operation and development of the Property to be promptly paid except where failure to make such payments would not result in a Materially Adverse Effect. Notwithstanding the foregoing, Borrower may in good faith, by appropriate proceedings, contest the validity, applicability or amount of any debt or liability and pending such contest Borrower shall not be deemed in default hereunder if Borrower provide Lender with security satisfactory to Lender in its reasonable discretion and if the Borrower promptly causes to be paid any amount adjudged by a court of competent jurisdiction to be due, with all costs and interest thereon, promptly after such judgment becomes final; provided, however, that in any event each such contest shall be concluded and any debt, liability, lien, interest and costs shall be paid, bonded around or otherwise removed prior to the date any writ or order is issued under which the Property may be sold.
Debts for Construction. Grantor will cause all debts and ---------------------- liabilities of any character, including without limitation all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Property, incurred in the construction, maintenance, operation or development of the Property to be paid before the same become delinquent. Notwithstanding the foregoing, Grantor in good faith may contest, by appropriate proceedings, the validity, applicability or amount of any asserted mechanics' or materialmen's liens, and, pending such contest, Grantor shall not be deemed in Default hereunder if Grantor provides the Administrative Agent with security reasonably satisfactory to the Administrative Agent and if Grantor promptly causes to be paid any amount adjudged by a court of competent jurisdiction to be due, with all costs and interest thereon, promptly after such judgment becomes final; provided, however, that in any event each such contest shall be concluded and the lien, interest and costs shall be paid, bonded around or otherwise removed prior to the date any writ or order is issued under which the Property, or any part thereof, may be sold. No security (or reserve required in (b) above) is required until such time that the aggregate of alleged unpaid ad valorem taxes on all properties and all unpaid debts described in this clause (d) shall exceed $50,000.
Debts for Construction. Grantor will cause all debts and liabilities of any character, including without limitation, all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property, incurred in the construction, maintenance, operation and development of the Mortgaged Property, to be promptly paid; provided, that Grantor may in good faith contest the validity of any such debts and liabilities, and pending such contest Grantor shall not be deemed in default hereunder if (i) there exists no material risk of sale, forfeiture or loss of, or loss or interference with use or possession of, or diminution of value, utility or useful life of the Mortgaged Property or any interest therein, or any risk of interference with the repayment of the Notes, (ii) such contest would not result in, or increase the risk of, the imposition of any criminal liability on any Creditor, (iii) such contest would not materially and adversely affect the rights, titles and interests of any Creditor in or to the Mortgaged Property or any interest therein, and (iv) appropriate reserves with respect thereto are maintained in accordance with GAAP; provided, however, that in any event each such contest shall be concluded and the debt or liability shall be paid prior to the date any writ or order is issued under which the Mortgaged Property or any part thereof may be sold.
Debts for Construction. 34 (p) Impositions . . . . . . . . . . . . . . . . . 34 (q) Repair, Maintenance, Alterations and Additions . . . . . . . . . . . . . . . 35 (r)
Debts for Construction. Trustor will cause all debts and liabilities of any character, including without limitation all debts and liabilities for labor, material and equipment and all debts and charges for utilities servicing the Mortgaged Property, incurred in the construction, maintenance, operation and development of the Mortgaged Property to be promptly paid.
