Common use of Lien Obligations Clause in Contracts

Lien Obligations. Purchaser shall not directly or indirectly cause, create, incur, assume or allow to exist any mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature, except such encumbrances as may be required to allow Seller access to the Premises, (each a “Lien”) on or with respect to the System. Seller shall not directly or indirectly cause, create, incur, assume or allow to exist any Lien on or with respect to the Premises or the Improvements, other than those Liens which Seller is permitted by law to place on the Premises due to non-payment by Purchaser of amounts due under this Agreement. Each Party shall immediately notify the other Party in writing of the existence of any such Lien following discovery of same, and shall promptly (and in all events within thirty (30) days) cause the same to be discharged and released of record without cost to the other Party; provided, however, that each indemnifying Party has the right to contest any such Lien, so long as it provides a statutory bond or other reasonable assurances of payment that either removes such Lien from title to the affected property, or that assures that any adverse judgment with respect to such Lien shall be paid without affecting title to such property.

Appears in 3 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement

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Lien Obligations. Purchaser shall not directly or indirectly cause, create, incur, assume or allow to exist any mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature, except such encumbrances as may be required to allow Seller access to the Premisesany Project Site, (each a “Lien”) on or with respect to the Systemany Project. Seller shall not directly or indirectly cause, create, incur, assume or allow to exist any Lien on or with respect to the Premises any Project Site or the Improvements, other than those Liens which that Seller is permitted by law Law to place on the Premises Purchaser’s interest in a Project Site due to non-payment by Purchaser of amounts due under this Agreement. Each Party shall immediately notify the other Party in writing of the existence of any such Lien following discovery of same, the same and shall promptly (and in all events within thirty (30) 30 days) cause the same to be discharged and released of record without cost to the other Party; provided, however, that each indemnifying indemnifying‌ Party has the right to contest any such Lien, so long as it provides a statutory bond or other reasonable assurances of payment that either removes such Lien from title to the affected property, property or that assures that any adverse judgment with respect to such Lien shall be paid without affecting title to such property. Lien Indemnity. Each Party shall indemnify the other Party from and against all claims, losses, damages, liabilities, and expenses resulting from any Liens filed against such other Party’s property or any Project Site as a result of the indemnifying Party’s breach of its obligations under Section 9.m.i.

Appears in 1 contract

Samples: Solar Power Purchase & Battery Energy Storage Services Agreement

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