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. 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. 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. 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. 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. Except to the extent that Company has failed to timely pay any undisputed amount due under this Agreement, Contractor shall not file or permit to be filed (and shall use commercially reasonable efforts to ensure its Subcontractors do not so file or so permit) any Liens against Company’s property, the Work, the Facility, the Site, any Work Area, any Work Product, or any other portion of the Project without Company’s prior written consent. Should any Subcontractor or any other Person acting through or under Contractor or any Subcontractor file, exercise or assert such a Lien, whether by judicial action and/or other proceeding and arising from or in respect of the performance of Work, Contractor shall immediately provide notice to Company and at Contractor’s sole cost and expense, remove and discharge, by payment, bond or otherwise, such Lien within thirty (30) Days of the filing of such Lien. If Contractor fails to remove and discharge any such Lien within such thirty (30) Day period, then Company may, in its sole discretion and in addition to any other rights that it has under this Agreement, remove and discharge such Lien using whatever means that Company, in its sole and reasonable discretion, deems appropriate, except for making payments directly to any Subcontractor pursuant to Section 9.5. In such circumstance, Contractor shall be liable to Company for all Claims and Losses incurred by Company arising out of or in connection with such removal and discharge to the extent of any undisputed payments owed to such Subcontractors.
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 XXX’s expenses in the matter (including court costs and actual attorney’s fees), to the Firm. Xxxx specifically agrees in this event that XXX 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. In the event any person or corporation shall attempt to assess a Mechanic’s Lien against the Leased Premises, Lessee shall hold Lessor harmless from such claim, including the cost of defense.
Lien Indemnification. Landlord and Tenant warrant to the other that they will not cause any liens to be attached to the Premises. However, to the extent a lien is so attached, such lien shall be promptly removed or bonded by the party causing such lien, provided that neither party shall have an obligation to remove or bond over such lien if such party has commenced and is diligently prosecuting a contest to such lien in good faith and such contest does not adversely affect the other party’s interest in the Premises. For the avoidance of doubt, if the lien causes Landlord to be in default (or potential default with the giving of notice) under a loan secured by the Premises, then Landlord or Tenant (whichever is responsible for such lien) must promptly remove or bond off such lien.
Lien Indemnification. Subcontractor shall indemnify Contractor for all premiums, costs, and fees, including attorneys’ fees, incurred by Contractor to remove liens or levies filed or threatened against the project as a result of Subcontractor’s failure to pay obligations related to the Work.
