Liens and Claims. 16.1 The Contractor shall not file, cause to be filed, or allow any person claiming by or through the Contractor to file any lien in any way related to this Contract without first giving the Owner and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement of the dollar amount of any claim pursuant to which it is claimed such right of lien arises.
16.2 The Owner or the Owner’s Representative shall have the right to cause any such lien to be canceled and discharged by bonding or otherwise in either of the following events:
16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative as required as set forth above; or
16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails to cause such lien to be canceled and discharged within ten (10) calendar days from such Notice.
16.3 Any expense so incurred by the Owner’s Representative or the Owner in connection with such cancellation or discharge, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys’ fees and disbursements, shall be paid by the Contractor upon demand or, at the option of the Owner, shall be deducted from any payment then due or thereafter becoming due to the Contractor.
Liens and Claims. (a) During the Term, Tenant shall not suffer or permit to be enforced against the Development, or any part thereof, any mechanics', materialmen's, contractors', vendors', laborers' or subcontractors' liens growing out of the work, except work by or for Landlord or the City, on any building, construction, repair, alteration, restoration, replacement or improvement, and Tenant shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against the Development. Tenant agrees to indemnify and hold Landlord and the City and the Development free and harmless from all liability for any and all such liens, claims, demands and actions (collectively the "Liens"), together with reasonable attorney's fees and all costs and expenses in connection therewith. Tenant shall notify Landlord of the filing of a Lien within ten (10) Business Days after Tenant has actual knowledge thereof.
(b) Notwithstanding the foregoing, Tenant shall have the right to contest any such Lien and if Tenant shall in good faith contest the validity of such Lien, then Tenant shall, at its sole expense, defend itself, Landlord and the City against the same and shall pay and satisfy any adverse expense or cost or any adverse judgment and costs and other expenses related thereto that may be rendered thereon before the enforcement thereof against Landlord, the City or the Development. If Landlord shall require, Tenant shall furnish to Landlord a surety bond or other security reasonably satisfactory to Landlord in an amount at least equal to such contested Lien indemnifying Landlord and the City against liability for the same, and holding the Development free from the effect of such Lien.
(c) Landlord reserves the right at any time and from time to time to post and maintain on the Development such notices of nonresponsibility or other notices as may be necessary to protect Landlord and the City against liability for all Liens.
Liens and Claims. Tenant will keep the Property and the Complex free from any mechanics', materialmen's, designers' or other liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant; provided, that Landlord shall not permit any such liens to be placed upon Tenant’s leasehold estate as a result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this Exhibit “D”. Tenant will upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed against Tenant or the Property or Tenant’s leasehold estate as a result of the failure to pay any amount that is Tenant’s responsibility and Tenant, within 45 days after such filing, does not release the same of record or provide Landlord with a bond or other surety satisfactory to Landlord protecting Landlord and the Property and the Complex against such liens, Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any obligation under the Lease, cause such liens to be released by any means Landlord deems proper, including, but not limited to, paying the claim giving rise to the lien or posting security to cause the discharge of the lien. In such event, Tenant will reimburse Landlord, as Rent, for all amounts Landlord pays (including, without limitation, reasonable attorneys' fees and costs). To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of the Landlord’s Work or any other work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant, but not for any Claims arising from Landlord’s Work or materials furnished and obligations incurred in connection with any Landlord’s Work to the extent such Claims are the result of Landlord’s failure to timely pay the Improvement Allowance in accordance with the terms of this Exhibit “D”.
Liens and Claims. Subcontractor must pay promptly all amounts due its employees, subcontractors, suppliers, including amounts due to union affiliations, under this Agreement. No such payments to Subcontractor or parts thereof may be diverted or used by Subcontractor for any other purpose until all obligations or claims resulting from performance delegated by Subcontractor under this Agreement have been paid in full. To the extent Subcontractor has been paid, Subcontractor shall deliver the Work free from all liens, claims and encumbrances. Subcontractor shall, as and when requested, furnish evidence satisfactory to Contractor that all amounts due for labor and materials furnished to Subcontractor in connection with performance of the Work under this Agreement have been paid, including union health, welfare and pension fund payments and payroll taxes. Such evidence shall be furnished in such form and manner as may be requested by Contractor, and if requested by Contractor, all statements relative thereto shall be made by sworn affidavit. Subcontractor shall furnish Contractor, as and when requested by Contractor, with releases of claims, bond rights and lien rights by all persons and entities who have furnished labor, materials or other things in the performance of the Work under this Agreement.
Liens and Claims. During the construction of the Interior Improvements and the installation of Tenant’s trade fixtures, Tenant shall keep the Premises and the Property free from any liens arising out of any work performed, materials furnished or obligation incurred by Tenant. In the event that Tenant shall not, within twenty (20) days following notice of the imposition of any such lien, cause the same to be released of record. Tenant may bond such lien with a bond in accordance with applicable California law to pay off said lien(s). In the event Tenant does not remove said lien as provided herein, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose, and all expenses incurred by Landlord in connection therewith, shall be payable to Landlord by Tenant within five (5) business days after demand with interest at the highest interest rate allowable by law or Landlord may at its option, draw or make a demand under the Security Deposit and/or Letter of Credit to pay said Lien and have said Lien removed. Notwithstanding the foregoing, Tenant shall have the right to contest any lien so filed, however, Tenant must have said lien removed by a bond as described above or otherwise removed from the Premises within twenty (20) days as referenced above.
Liens and Claims. Lessee shall not suffer or cause to be enforced against Lessor or the Property, or any improvements thereon, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising (except liens, claims or demands suffered by or arising from the actions of Lessor), and Lessee shall pay all such liens, claims and demands before any action is brought to enforce the same against the Property, and Lessee agrees to hold Lessor and the Property free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs incurred by Lessor in connection therewith. Lessee shall give Lessor written notice not less than ten (10) days in advance of the commencement of any construction, alteration, addition, improvement or repair exceeding $1,000.00 in value so that Lessor may post and maintain on the property notice of Lessor’s non-responsibility or such other notices as may be necessary to protect Lessor against liability for all such liens or otherwise.
Liens and Claims. Contractor shall not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (ORS 279B.220)
Liens and Claims. Licensee shall not permit to be recorded against the Properties any mechanics’, materialmens’, contractors’ or subcontractors’ liens or any claim for damage arising from the Licensee’s entry on or investigation of the Properties pursuant to this Agreement. If any such lien shall be recorded, Licensee shall cause the same to be removed by payment, bonding, or other means reasonably acceptable to Licensor.
Liens and Claims. Colorado statutes do not provide for any right of lien against public buildings. In lieu thereof, § 00-00-000, Colorado Revised Statutes, as amended, provides relief for any claimant having furnished labor, materials, rental machinery, tools, equipment, or services toward construction of particular public work, in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication press of such pending payment and given opportunity to stop payment to the Contractor in the amount of such claims. See Completion, Final Inspection, Acceptance and Final Payment.
Liens and Claims. Supplier shall indemnify and hold harmless System Owner, Host Customer, and Lenders and defend each of them from all liens and claims filed or asserted by Supplier’s Subcontractors or other third parties claiming under Supplier against System Owner, the Host Customer, the System or the Premises for services performed or materials and equipment furnished to or by Supplier or its Subcontractors by such third parties, and from all Claims arising out of all such liens or claims. Supplier shall, at no cost to System Owner or Host Customer, promptly release, discharge or otherwise remove any such lien or claim by bonding, payment or otherwise and shall notify System Owner of such discharge, release or removal. If Supplier does not timely cause any such lien or claim to be discharged, released or otherwise removed by payment or bonding or other method approved in advance by System Owner, System Owner shall have the right (but not the obligation) to pay all sums necessary to obtain releases and discharges (including the settlement of any lien or claim). In such event, System Owner shall have the right to deduct all amounts so paid (plus reasonable attorneys’ fees) from amounts due Supplier hereunder; and upon reasonable demand by System Owner, Supplier shall reimburse System Owner for such amounts not deducted. Supplier shall use commercially reasonable efforts to cause its Major Subcontractors to execute an indemnification agreement in favor of the Indemnitees in substantially the same form as this Section 13.2 prior to the start of their performance hereunder.
