Common use of Encumbrances, Liens, and Claims Clause in Contracts

Encumbrances, Liens, and Claims. At all times during the Term of this Agreement, the Operator shall pay for all labor performed, and all products, equipment and materials furnished for, the construction, alteration, renovation or maintenance of all the Leased Premises. The Operator is not responsible for issues resulting from defects in design or construction. The Operator shall keep the Leased Premises free and clear of any and all claims attaching to real property including but not limited to liens and encumbrances (collectively referred to in this Section as "liens" or "encumbrances"). Further, the Operator shall pay each and every judgment made or given against the Leased Premises, or any part thereof, or against the City, on account of any above described lien or encumbrance, unless otherwise stated to the contrary herein. The Operator shall, at its sole cost and expense, defend, indemnify and hold the City harmless from every lien or encumbrance, and every action on account of any and all such liens and encumbrances, or obligation for labor, products, equipment or materials incurred during any Term of this Agreement , whether by the Operator or any Tenant, including, by way of illustration and not of limitation, laborer's, mechanic's and materialman's liens, and any other liens and encumbrances not specifically enumerated herein, but which are not liens or encumbrances as a result of the City or Trust's action. Nothing contained herein shall, in any way, prejudice the Operator' s right to contest any final judgment or decree prior to payment thereof. As long as the Operator is using its best efforts and is actively pursuing, in good faith, the removal of claims, liens and encumbrances, the failure of the Operator to immediately remove liens and encumbrances from the Leased Premises shall not be deemed an Event of Default. Provided, however, should the Operator fail to "bond off," remove or challenge in a court of appropriate jurisdiction any lien or encumbrance within thirty (30) days of attachment, the City may pay and satisfy such lien or encumbrance and Operator, within thirty (30) days of demand, pay to the City the said sum in full. Operator shall require a similar prohibition in all contracts, leases, and subleases to protect the City, Trust, and Leased Premises from liens and encumbrances. This provision shall survive the termination, expiration, cancellation or nonrenewal of this Agreement.

Encumbrances, Liens, and Claims. At all times during the Term of this Agreement, the Operator shall pay for all labor performed, and all products, equipment and materials furnished for, the construction, alteration, renovation or maintenance of all the Leased Premises. The Operator is not responsible for issues resulting from defects in design or construction. The Operator shall keep the Leased Premises free and clear of any and all claims attaching to real property including but not limited to liens and encumbrances (collectively referred to in this Section as "“liens" ” or "“encumbrances"”). Further, the Operator shall pay each and every judgment made or given against the Operator, Leased Premises, Premises or any part thereof, or against the CityCity or Trust, on account of any above described lien or encumbrance, unless otherwise stated to the contrary herein. The Operator shall, at its sole cost and expense, defend, indemnify and hold the City and Trust harmless from every lien or encumbrance, and every action on account of any and all such liens and encumbrances, or obligation for labor, products, equipment or materials incurred during any Term of this Agreement Agreement, whether by the Operator or any Tenant, including, by way of illustration and not of limitation, laborer's’s, mechanic's ’s and materialman's ’s liens, and any other liens and encumbrances not specifically enumerated herein, but which are not liens or encumbrances as a result of the City or Trust's ’s action. Nothing contained herein shall, in any way, prejudice the Operator' s ’s right to contest any final judgment or decree prior to payment thereof. As long as the Operator is using its best efforts and is actively pursuing, in good faith, the removal of claims, liens and encumbrances, the failure of the Operator to immediately remove liens and encumbrances from the Leased Premises shall not be deemed an Event event of Defaultdefault. Provided, however, should the Operator fail to "“bond off," ” remove or challenge in a court of appropriate jurisdiction any lien or encumbrance within thirty (30) days of attachment, the City Trust may pay and satisfy such lien or encumbrance and Operator, within thirty (30) days of demand, pay to the City Trust the said sum in full. Operator shall require a similar prohibition in all contracts, leases, and subleases to protect the City, Trust, and Leased Premises from liens and encumbrances. This provision shall survive the termination, expiration, cancellation or nonrenewal non- renewal of this Agreement.

Encumbrances, Liens, and Claims. At all times during the Term of this Agreement, Agreement the Operator shall pay for all labor performedit performs, or contracts with another party to perform, and all products, equipment and materials furnished for, the construction, alteration, renovation or maintenance of all the Leased Premises. The Operator is not responsible for issues resulting from defects in design or constructionPremises after the Operational Date and as authorized herein. The Operator shall keep the Leased Premises free and clear of any and all claims attaching to real property including but not limited to liens and encumbrances (collectively referred to in this Section as "liens" or "encumbrances"). Further, the Operator shall pay each and every judgment made or given against the Leased Premises, or any part thereof, or against the City, on account of any above described lien or encumbrance, unless otherwise stated to the contrary herein. The Operator shall, at its sole cost and expense, defend, indemnify and hold the City harmless from every lien or encumbrance, and every action on account of any and all such liens and encumbrances, or obligation for labor, products, equipment or materials incurred during any Term of this Agreement , whether by the Operator or any Tenant, including, by way of illustration and not of limitation, laborer's, mechanic's and materialman's liens, and any other liens and encumbrances not specifically enumerated herein, but which are not liens or encumbrances as a result of the City or Trust's action. Nothing contained herein shall, in any way, prejudice the Operator' s right to contest any final judgment or decree prior to payment thereof. This provision shall only apply to labor hired by Operator, or contracts entered into by it, and products, equipment, materials furnished for, the construction, alteration, renovation, or maintenance conducted by Operator. As long as the Operator is using its best efforts and is actively pursuing, in good faith, the removal of claims, liens and encumbrances, the failure of the Operator to immediately remove liens and encumbrances from the Leased Premises shall not be deemed an Event of Default. Provided, however, should the Operator fail to "bond off," remove or challenge in a court of appropriate jurisdiction any lien or encumbrance within thirty (30) days of attachment, the City may pay and satisfy such lien or encumbrance and Operator, within thirty (30) days of demand, pay to the City the said sum in full. Operator shall require a similar prohibition in all contracts, leases, and subleases to protect the City, Trust, and Leased Premises from liens and encumbrances. This provision shall survive the termination, expiration, cancellation or nonrenewal non-renewal of this Agreement.

Encumbrances, Liens, and Claims. At all times during the Term terms of this AgreementAmended and Restated Lease, the Operator shall Lessee will timely pay for all labor performed, performed and all products, equipment and materials furnished for, for the construction, alteration, renovation or maintenance of the all Private Improvements and Ancillary Improvements on the Amended Leased PremisesProperty. The Operator is not responsible for issues resulting from defects in design or construction. The Operator Lessee shall keep the Amended Leased Premises Property and all Private Improvements and Ancillary Improvements on the Amended Leased Property free and clear of any and all claims attaching to real property including but not limited to property, liens and encumbrances (collectively referred to in this Section as "liens" or "encumbrances"). Further, the Operator shall Lessee will pay each and every judgment made or given against the Amended Leased PremisesProperty or any Private Improvements, Ancillary Improvements and any other building, structure, fixture, facilities or improvement on the Amended Leased Property, or any part thereof, or against the CityCITY or OCWUT, on account of any above described lien or encumbrance, unless otherwise stated to the contrary herein. The Operator shallLessee will, at its sole cost and expense, defend, indemnify and hold the City save CITY and OCWUT harmless from every lien or encumbrance, encumbrance and every action on account of any and all such liens and encumbrances, encumbrances or obligation for labor, products, equipment or materials incurred during any Term term of this Agreement , whether by the Operator or any TenantAmended and Restated Lease, including, by way of illustration and not of limitation, laborer's, mechanic's and materialman's material man’s liens, and any other liens and encumbrances not specifically enumerated herein, but which are not liens or encumbrances as a result of the City CITY's or TrustOCWUT's action. Nothing contained herein shall, shall in any way, way prejudice the Operator' s Lessee's right to contest any final judgment or decree prior to payment thereof. For purposes of this Amended and Restated Lease, claims, liens and encumbrances shall not include mortgages, security interests or security agreements of any type incident to financing of the Amended Leased Property or operations thereon. As long as the Operator Lessee is using its best efforts and is actively pursuing, pursuing in good faith, faith the removal of claims, liens and encumbrances, the failure of the Operator Lessee to immediately remove liens and encumbrances from the Amended Leased Premises Property shall not be deemed an Event event of Defaultdefault. Provided, however, should the Operator Lessee fail to "bond off," remove or challenge in a court of appropriate jurisdiction any lien or encumbrance within thirty (30) days of attachment, the City CITY or OCWUT may pay and satisfy such lien or encumbrance and OperatorLessee shall, within thirty (30) days of demand, pay to the City the CITY or OCWUT said sum in full. Operator Lessee shall require a similar prohibition in all contracts, leases, subcontracts and subleases assignments to protect CITY, OCWUT, the City, Trust, Amended Leased Property and Leased Premises all Private Improvements and Ancillary Improvements from liens and encumbrances. This provision Section shall survive the termination, expiration, cancellation or nonrenewal non-renewal of this AgreementAmended Lease.