Lien Indemnification Sample Clauses
The Lien Indemnification clause requires one party to protect the other from any losses, damages, or claims arising from liens placed on the property or project in connection with the contract. In practice, this means that if a subcontractor or supplier files a lien due to unpaid bills, the responsible party must resolve the lien and cover any associated costs, ensuring the other party is not financially harmed. This clause is essential for preventing disruptions or financial liability caused by third-party claims, thereby ensuring clear responsibility for lien-related risks.
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Lien Indemnification. SHOULD CONTRACTOR OR ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR OR ANY OTHER PERSON, INCLUDING ANY CONSTRUCTION EQUIPMENT LESSOR, ACTING THROUGH OR UNDER ANY OF THEM FILE A LIEN OR OTHER ENCUMBRANCE AGAINST ALL OR ANY PORTION OF THE WORK, THE SITE OR THE PROJECT, CONTRACTOR SHALL, AT ITS SOLE COST AND EXPENSE, REMOVE OR DISCHARGE, BY PAYMENT, BOND OR OTHERWISE, SUCH LIEN OR ENCUMBRANCE WITHIN TWENTY-ONE (21) DAYS OF CONTRACTOR’S RECEIPT OF WRITTEN NOTICE FROM OWNER NOTIFYING CONTRACTOR OF SUCH LIEN OR ENCUMBRANCE; PROVIDED THAT OWNER SHALL HAVE MADE PAYMENT OF ALL AMOUNTS PROPERLY DUE AND OWING TO CONTRACTOR UNDER THIS AGREEMENT, OTHER THAN AMOUNTS DISPUTED IN ACCORDANCE WITH SECTION 7.2E. IF CONTRACTOR FAILS TO REMOVE OR DISCHARGE ANY SUCH LIEN OR ENCUMBRANCE WITHIN SUCH TWENTY-ONE (21) DAY PERIOD IN CIRCUMSTANCES WHERE OWNER HAS MADE PAYMENT OF ALL AMOUNTS PROPERLY DUE AND OWING TO CONTRACTOR UNDER THIS AGREEMENT, OTHER THAN AMOUNTS DISPUTED IN ACCORDANCE WITH SECTION 7.2E, THEN OWNER OR OWNER’S TITLE INSURANCE COMPANY MAY, EACH IN THEIR SOLE DISCRETION AND IN ADDITION TO ANY OTHER RIGHTS THAT OWNER HAS UNDER THIS AGREEMENT, REMOVE OR DISCHARGE SUCH LIEN AND ENCUMBRANCE USING WHATEVER MEANS THAT OWNER OR OWNER’S TITLE INSURANCE COMPANY, EACH IN THEIR SOLE DISCRETION, DEEMS APPROPRIATE, INCLUDING THE PAYMENT OF SETTLEMENT AMOUNTS THAT OWNER OR OWNER’S TITLE INSURANCE COMPANY DETERMINES IN THEIR SOLE DISCRETION AS BEING NECESSARY TO REMOVE OR DISCHARGE SUCH LIEN OR ENCUMBRANCE. IN SUCH CIRCUMSTANCE, CONTRACTOR SHALL BE LIABLE TO OWNER FOR AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER INDEMNIFIED PARTIES AND OWNER’S TITLE INSURANCE COMPANY FROM ALL DAMAGES, COSTS, LOSSES AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEYS’ FEES, CONSULTANT FEES AND ARBITRATION EXPENSES, AND SETTLEMENT PAYMENTS) ARISING OUT OF OR RELATING TO SUCH REMOVAL OR DISCHARGE. ALL SUCH DAMAGES, COSTS, LOSSES AND EXPENSES SHALL BE PAID BY CONTRACTOR NO LATER THAN THIRTY (30) DAYS AFTER RECEIPT OF EACH INVOICE FROM OWNER.
A. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE SCOPE OF CONTRACTOR’S INDEMNITY OBLIGATION IN SECTION 17.5 WITH RESPECT TO OWNER’S TITLE INSURANCE COMPANY: (I) DOES NOT EXTEND TO ANY LIENS FOR WORK PERFORMED UNDER THE STAGE 1 EPC AGREEMENT; (II) IS NO GREATER THAN WOULD BE IF THE INDEMNITY EXTENDED ONLY TO OWNER INDEMNIFIED PARTIES AND (III) DOES NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OF OR ASSERTED AGAINST THE OWNER’S TITLE INSURANCE COMPANY.
Lien Indemnification. The Contractor agrees to indemnify, defend and hold harmless the Owner Indemnitees from and against any Liabilities (including civil, criminal and administrative Liabilities) and all expenses incidental thereto including court costs and legal fees on a solicitor and own client indemnity basis, based upon or arising out of or in connection with all Liens or Lien claims made, recorded, asserted or filed on the Work or any property on which it is being performed, on account of any labour performed or materials furnished by the Contractor, Subcontractors or any other Person in connection with the Work to the extent that the Owner has made payment to the Contractor therefor except to the extent such Liens are attributable to the willful misconduct of the Owner and exclusive of Liens by fault of the Owner. No amount of insurance maintained by the Contractor limits the Contractor’s indemnification obligations. In any and all claims, damages, losses or expenses incurred by any employee of the Contractor or anyone directly or indirectly employed by them this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any Subcontractor under worker’s compensation acts, disability acts or other employment benefit acts.
Lien Indemnification. Should Subconsultants or any other Person acting through or under Architect or its Subconsultants file a lien or other encumbrance against all or any portion of the Work, the Site, the New Stadium or the Project, Architect shall, at its sole cost and expense, remove and discharge, by payment, bond or otherwise, such lien and encumbrance within ten (10) days of the filing of such lien or encumbrance. If Architect fails to remove and discharge any such lien or encumbrance within such ten (10) day period, then Developer or Owner may, in their sole discretion, take any one or more of the following actions:
12.4.1 remove and discharge such lien and encumbrance using whatever means that Developer, in its sole discretion, deems appropriate, including the payment of settlement amounts that it determines in its sole discretion as being necessary to discharge such lien or encumbrance. In such circumstance, Architect shall be liable to Developer and Owner for all Damages (including settlement payments) incurred by Developer or Owner arising out of or relating to such removal and discharge. All such Damages shall be paid by Architect no later than thirty (30) Days after receipt of each invoice from Developer; Notwithstanding the foregoing and for purposes of clarification, the Parties acknowledge and agree that neither Architect, Developer nor any other Person shall have the authority to settle any matters on behalf
12.4.2 seek and obtain an order granting specific performance from a court of competent jurisdiction, requiring that Architect immediately discharge and remove, by bond, payment or otherwise, such lien or encumbrance. The Parties expressly agree that Developer and Owner shall be entitled to such specific performance and that Architect shall be liable to Developer and Owner for all Damages incurred by Developer or Owner arising out of or relating to such specific performance action. Architect agrees that the failure to discharge and remove any such lien or encumbrance will give rise to irreparable injury to Developer, Owner and Developer’s Affiliates, and further, that Developer, Owner and such Developer Affiliates will not be adequately compensated by damages; or
12.4.3 subject at all times to the Owner's Legal Representation Rights, conduct the defense of any action in respect of (and any counterclaims related to) such liens or encumbrances as set forth in Section 12.5, without regard to Architect’s rights under such section.
Lien Indemnification. If a notice of lien or the like alleging non-payment should be filed or served upon Buyer, Buyer shall have the right to retain out of any payment to Seller then due, or thereafter to become due, an amount sufficient to completely indemnify Buyer and end user against said potential lien. If such payment amount is not sufficient to fully indemnify Buyer and end user, Seller shall compensate Buyer and end user for the insufficient amount.
Lien Indemnification. Should any Subconsultant or any other Person acting through or under Architect or any Subconsultant file a lien or other encumbrance against all or any portion of the Work, the Site or the Project, Architect shall, at its sole cost and expense, remove and discharge, by payment, bond or otherwise, such lien and encumbrance within ten (10) Days of the filing of such lien or encumbrance. If Architect fails to remove and discharge any such lien or encumbrance within such ten (10) Day period, then Owner may, in its sole discretion, take any one or more of the following actions: 22
(a) remove and discharge such lien and encumbrance using whatever means that Owner, in its sole discretion, deems appropriate, including the payment of settlement amounts that it determines in its sole discretion as being necessary to discharge such lien or encumbrance. In such circumstance, Architect shall be liable to Owner for all Damages (including settlement payments) incurred by Owner arising out of or relating to such removal and discharge. All such Damages shall be paid by Architect no later than thirty (30) Days after receipt of each invoice from Owner; 23
(b) seek and obtain an order granting specific performance from a court of competent jurisdiction, requiring that Architect immediately discharge and remove, by bond, payment or otherwise, such lien or encumbrance. The Parties expressly agree that Owner shall be entitled to such specific performance and that Architect shall be liable to Owner for all Damages incurred by Owner arising out of or relating to such specific performance action. Architect agrees that the failure to discharge and remove any such lien or encumbrance will give rise to irreparable injury to Owner and Owner’s Affiliates, and further, that Owner and such Owner Affiliates will not be adequately compensated by damages; or 23
(c) conduct the defense of any action in respect of (and any counterclaims related to) such liens or encumbrances as set forth in Section 12.4, without regard to Architect’s rights under such section. 23
Lien Indemnification. DBT shall indemnify, defend and hold harmless the Indemnitees from and against any and all Claims and Damages suffered, incurred or arising from mechanics' or materialmen's liens and any other claims for payment asserted against the Indemnitees, the Project, existing improvements on the Site, or any part thereof arising out of the Work, but only to the extent that DBT paid all undisputed amounts that are due and payable. The County shall have the right to retain out of any payment due or thereafter to become due to DBT 150% of the amount of any liens that have not been removed or bonded off, in order to protect the County against the costs of such liens.
Lien Indemnification. If a notice of lien or the like, alleging non-payment, should be filed or served upon CID by an engineer, laborer, materials supplier, or subcontractor on a project, CID shall have the right to retain out of any payment to Firm then due, or thereafter to become due, an amount sufficient to completely indemnify CID against said potential lien. In the event the lien should become perfected, CID may call upon Firm to satisfy it and obtain its removal within ten (10) days and upon his failure to do so may pay the amount of the lien from the retained funds and, within thirty (30) days thereafter, pay the balance, if any, less ▇▇▇’s expenses in the matter (including court costs and actual attorney’s fees), to the Firm. ▇▇▇▇ specifically agrees in this event that ▇▇▇ may consider the amount of the lien as presumptively correct. In the event the lien is not perfected within the period of time set by law for the enforcement of liens, or within such extended time as the lien holder may by law obtain, CID shall pay, without interest to the Firm whatever sums were retained, less CID’s expenses (including court costs and attorney’s fees) in disproving the lien. The Firm shall also be responsible for the amount of any premium for any bond given by CID to obtain the discharge of any lien, or for the interest on any money deposited for the purpose of discharging any lien.
Lien Indemnification. The Contractor further agrees to defend and indemnify the Owner from and against all liens, claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Work or the Project by suppliers or subcontractors engaged by the Contractor, or anyone for whose acts the Contractor or its subcontractors or suppliers are responsible.
Lien Indemnification. ▇▇▇▇▇▇ agrees to indemnify and hold Nexthermal and Owner harmless for any and all claims, liens, judgments, damages, costs (including court costs and attorney’s fees) and expense suffered or incurred by ▇▇▇▇▇▇. If a notice of lien or the like alleging non-payment should be filed or served upon Nexthermal, Nexthermal shall have the right to retain out of any payment to Seller then due, or thereafter to become due, an amount sufficient to completely indemnify Nexthermal and Owner against said potential lien. If such payment amount is not sufficient to fully indemnify Nexthermal and Owner, Seller shall compensate Nexthermal and Owner for the insufficient amount.
Lien Indemnification. Tenant shall keep the premises free from liens arising out of any work performed and/or materials ordered, or from any obligations incurred by Tenant. In the event any person or corporation shall, as a result of construction work being performed by or for the Tenant, attempt to assess a lien against the demised premises, the Tenant shall hold the City harmless from such claim, including the cost of defense.