Disposition of Liens. (a) Grantee shall forthwith take such action as is necessary to discharge, remove, or satisfy any lien filed against Grantor’s Property or any portion thereof for any labor or materials furnished or to be furnished for or on behalf of Grantee, or any person or entity acting for or on behalf of Grantee. (b) Grantor shall forthwith take such action as is necessary to discharge, remove, or satisfy any lien filed against the Generation Facilities for any labor or materials furnished or to be furnished for or on behalf of Grantor, or any person or entity acting for or on behalf of Grantor. (c) If Grantor or Grantee, as the case may be, shall fail to discharge, remove, or satisfy any such lien which it is obligated to discharge, remove, or satisfy hereunder within ten (10) days after notice of the existence of the lien has been given to such defaulting Party, the non-defaulting Party may pay the amount of such lien, or discharge the same by deposit or bonding, and the amount so paid or deposited, or the premium paid for such bond, with interest at the rate provided for defaults in Section 6.3 hereof, shall be paid by the defaulting Party upon demand to the non-defaulting Party who effected such cure. (d) The defaulting Party shall defend, indemnify and save harmless the non-defaulting Party from and against all liability, loss, cost or expense (including reasonable attorneys’ fees) arising out of any liens which the defaulting Party is obligated to discharge, remove or satisfy.
Appears in 2 contracts
Samples: Purchase Agreement (Calpine Corp), Purchase Agreement (Pepco Holdings Inc)
Disposition of Liens. (a) Grantee Pepco shall forthwith take such action as is necessary to discharge, remove, remove or satisfy any lien filed against Grantor’s the Generator's Leasehold Property or any portion thereof for any labor or materials furnished or to be furnished for or on behalf of GranteePepco, or any person or entity acting for holding any portion thereof through or on behalf of Granteeunder Pepco.
(b) Grantor Generator shall forthwith take such action as is necessary to discharge, remove, remove or satisfy any lien filed against the Generation Facilities Non-Leased Pepco Real Property or any portion thereof for any labor or materials furnished or to be furnished for or on behalf of GrantorGenerator, or any person or entity acting for holding any portion thereof through or on behalf of Grantorunder Generator.
(c) If Grantor either Pepco or GranteeGenerator, as the case may be, shall fail to discharge, remove, remove or satisfy any such lien which it is obligated to discharge, remove, remove or satisfy hereunder within ten (10) days after notice of the existence of the lien has been given to such defaulting Party, the non-defaulting Party or parties may pay the amount of such lien, lien or discharge the same by deposit or bonding, and the amount so paid or deposited, or the premium paid for such bond, with interest at the rate provided for defaults in Section 6.3 hereof, shall be paid by the defaulting Party upon demand to the non-defaulting Party who effected such cure.
(d) The defaulting Party shall defend, indemnify and save harmless the non-defaulting Party from and against all liability, loss, cost or expense (including reasonable attorneys’ ' fees) arising out of any liens which the defaulting Party is obligated to discharge, remove or satisfy.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Southern Energy Inc)
Disposition of Liens. (a) Grantee Pepco shall forthwith take such action as is necessary to discharge, remove, remove or satisfy any lien filed against Grantor’s the Generator's Real Property or any portion thereof for any labor or materials furnished or to be furnished for or on behalf of GranteePepco, or any person or entity acting for holding any portion thereof through or on behalf of Granteeunder Pepco.
(b) Grantor Generator shall forthwith take such action as is necessary to discharge, remove, remove or satisfy any lien filed against the Generation Facilities Pepco Real Property or any portion thereof for any labor or materials furnished or to be furnished for or on behalf of GrantorGenerator, or any person or entity acting for holding any portion thereof through or on behalf of Grantorunder Generator.
(c) If Grantor either Pepco or GranteeGenerator, as the case may be, shall fail to discharge, remove, remove or satisfy any such lien which it is obligated to discharge, remove, remove or satisfy hereunder within ten (10) days after notice of the existence of the lien has been given to such defaulting Party, the non-defaulting Party or parties may pay the amount of such lien, lien or discharge the same by deposit or bonding, and the amount so paid or deposited, or the premium paid for such bond, with interest at the rate provided for defaults in Section 6.3 hereof, shall be paid by the defaulting Party upon demand to the non-defaulting Party who effected such cure.
(d) The defaulting Party shall defend, indemnify and save harmless the non-defaulting Party from and against all liability, loss, cost or expense (including reasonable attorneys’ ' fees) arising out of any liens which the defaulting Party is obligated to discharge, remove or satisfy.
Appears in 1 contract
Samples: Easement, License and Attachment Agreement (Mirant Mid Atlantic LLC)