Liens and Other Encumbrances. (a) In consideration of the mut- ual undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor: (i) covenants and agrees to protect and keep free the System and/or any PCS System and/or any PCS Sub-System and any and all interests and estates therein, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise; (ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and (iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such Subcontractor. (b) If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will cause such lien to be satisfied or otherwise discharged, or will file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor. (c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will not release or discharge the Vendor from any of its obligations hereunder.
Appears in 5 contracts
Samples: Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum Finance Corp)
Liens and Other Encumbrances. (a) In consideration The Vendor covenants and agrees, subject to Vendor's receipt from Owner of the mut- ual undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledgedfull payment in respect thereof, the Vendorto:
(i) covenants and agrees to protect and keep free the System all Systems, Expansion and/or any PCS System and/or any PCS Sub-System and any and all interests and estates thereintherein acquired from the Vendor, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;; and
(ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such Subcontractor.
(b) If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will shall cause such lien to be satisfied or otherwise discharged, or will shall file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days Business Days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will shall not release or discharge the Vendor from any of its obligations hereunder.
Appears in 2 contracts
Samples: Memorandum of Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc)
Liens and Other Encumbrances. 3.13.1 The Vendor covenants and agrees to:
(a) In consideration of the mut- ual undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor:
(i) covenants and agrees to protect and keep free any Products and all sites or facilities on or in which the System and/or Vendor is prosecuting any PCS System and/or any PCS Sub-System portion of the Work and any and all interests and estates therein, and all improvements and materials now or hereafter placed thereon under the terms of this Contractthe Documents, from any and all claims, liens, charges charges, security interests, levies, rights of third parties or encumbrances (“Liens”) arising from or related to provision of the nature Products or the performance of mechanics, labor the Work by or materialmen liens for the Vendor or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;
(iib) will give notice of this subsection 2.36 Section 3.13 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-SystemMarket; and
(iiic) will make any and all filings reasonably requested by Reliance (and at Reliance’s expense) and related to the Owner Products or the Work in order that the Owner Reliance may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens Liens of any such Subcontractor.
(b) 3.13.2 If any laborers', materialmen's, mechanics', or other similar lien or claim thereof Lien is filed by any Subcontractor, then the Vendor will shall cause such lien Lien to be satisfied or otherwise discharged, or will file a bond in form and substance satisfactory to the Owner in lieu thereof discharged within ten (10) days of the Vendor's receipt of notice of such filing[***]. If any such lien Lien is filed or otherwise imposed, and the Vendor does not cause such lien Lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner Reliance has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien Lien to be removed or bonded to the Owner's Reliance’s satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor. Reliance shall notify the Vendor prior to making such payment.
(c) The Owner 3.13.3 Reliance reserves the right to post post, or place within the System and/or any PCS System and/or any PCS Sub-System Market, notices of non-responsibility or to do any other act required by Applicable Law, Law in order to exempt the Owner Reliance and the System Broadband Access Reliance Network from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided provided, that failure by the Owner Reliance to do so will not release or discharge the Vendor from any of its obligations hereunder. Nothing in the above provision shall be construed as a waiver of Vendor’s statutory rights relating to Liens.
Appears in 2 contracts
Samples: Broadband Access Network General Terms and Conditions (Utstarcom Inc), Broadband Access Network General Terms and Conditions (Utstarcom Inc)
Liens and Other Encumbrances. (a) In consideration of the mut- ual mutual ---------------------------- undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor:
(i) Contractor: expressly covenants and agrees to (i) protect and keep free the System and/or any PCS System and/or any PCS Sub-System Xxxxx Project and any and all interests and estates therein, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen materialmen's liens or otherwise otherwise, arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and and, to promptly have any such lien released by bond or otherwise;
; (ii) will give notice of this subsection 2.36 Section 2.37 (x) to each Subcontractor before engaged as of the Effective Date, within thirty (30) days of the Effective Date, and (y) to any Subcontractor engaged after the Effective Date, at the time such Subcontractor furnishes any labor or materials for is engaged by the System and/or any PCS System and/or any PCS Sub-SystemContractor; and
and (iii) will make any and all filings reasonably requested by the Owner Owner, in order that the Owner may take advantage of the relevant local mechanics' Texas mechanics lien waiver procedures contained in Chapter 53 of the Texas Property Code with respect to mechanics' liens of any such Subcontractor.
(b) . If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will Contractor shall cause such lien to be satisfied or otherwise discharged, or will shall file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days of the Vendor's receipt of notice of such filingdays. If any such lien is filed or otherwise imposed, and the Vendor Contractor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, Owner shall have the Owner has the right, right but not the obligation, obligation to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Contractor. Owner expressly reserves the right to post or place within upon the System and/or any PCS System and/or any PCS Sub-System Property notices of non-non- responsibility or to do any other act required by Applicable Lawlaw or any amendment thereto, or substitute therefor, to exempt the Owner and the System Property from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that but failure by the Owner owner to do so will shall not release or discharge the Vendor from Contractor of any of its obligations hereunder.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Services Contract (Neches River Holding Corp)
Liens and Other Encumbrances. (a) In consideration of the mut- ual mutual ---------------------------- undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor:
(i) covenants and agrees to protect and keep free the System and/or any PCS System and/or any PCS Sub-System and any and all interests and estates therein, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;
(ii) will give notice of this subsection 2.36 2.35 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such SubcontractorSubcontractor and the Owner will cooperate in helping the Vendor to fulfill its obligation under this clause (iii) to the extent necessary.
(b) If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will cause such lien to be satisfied or otherwise discharged, or will file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days of the Vendor's receipt of notice of such filingbusiness days. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will not release or -------- ---- discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Samples: Procurement and Services Contract (Sprint Spectrum Finance Corp)
Liens and Other Encumbrances. (a) In consideration The Vendor covenants and ---------------------------- agrees, subject to Vendor's receipt from Owner of the mut- ual undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledgedfull payment in respect thereof, the Vendorto:
(i) covenants and agrees to protect and keep free the System all Systems, Expansion, Chattanooga Replacement and/or any PCS System and/or any PCS Sub-System and any and all interests and estates thereintherein acquired from the Vendor, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;; and
(ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such Subcontractor.
(b) If any laborers', materialmen'smaterialmens', mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will shall cause such lien to be satisfied or otherwise discharged, or will shall file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days Business Days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will shall not release or -------- ---- discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Liens and Other Encumbrances. (a) In consideration The Vendor covenants and ---------------------------- agrees, subject to Vendor's receipt from Owner of the mut- ual undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledgedfull payment in respect thereof, the Vendorto:
(i) covenants and agrees to protect and keep free the System all Systems, Expansion and/or any PCS System and/or any PCS Sub-System and any and all interests and estates thereintherein acquired from the Vendor, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;; and
(ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such Subcontractor.
(b) If any laborers', materialmen'smaterialmens', mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will shall cause such lien to be satisfied or otherwise discharged, or will shall file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days Business Days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by -------- ---- the Owner to do so will shall not release or discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Liens and Other Encumbrances. (a) In consideration None of the mut- ual undertakings herein and members of the Obligated Group shall create, incur, assume, or suffer to exist any security interest, mortgage, pledge, lien or other good and valuable consideration encumbrance of any nature whatsoever on any of its property or assets located at the receipt and sufficiency Project Properties or related to the Project Properties, whether now owned or hereafter acquired, except (i) liens securing the payment of taxes, either not yet due or the validity of which is hereby acknowledgedbeing contested in good faith by appropriate proceedings (so long as no material item of property would be lost, the Vendor:
(i) covenants and agrees to protect and keep free the System and/or any PCS System and/or any PCS Sub-System and any and all interests and estates thereinforfeited or materially damaged as a result thereof), and all improvements and materials now or hereafter placed thereon under as to which the terms of this Contract, from any and all claims, liens, charges or encumbrances applicable member of the nature of mechanicsObligated Group shall, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractoras appropriate under GAAP, including services or furnishing of any materials hereunder, have set aside on its books and to promptly have any such lien released by bond or otherwise;
records adequate reserves; (ii) will give notice deposits under workers compensation, unemployment insurance, social security and other similar laws or to secure the performance of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor bids, tenders or materials contracts (other than for the System and/or any PCS System and/or any PCS Sub-Systemrepayment of purchase price indebtedness or borrowed money) or to secure statutory obligations or surety or appeal bonds, or to secure indemnity, performance or other similar bonds, all in the ordinary course of business; and
(iii) will make any liens and all filings reasonably requested security interests in favor of Ocwen; (iv) zoning restrictions, easements, licenses, covenants and other restrictions affecting the use of real property, so long as the Borrower's, Licensee's, or a Management Company's use of, or the value of, the property subject thereto is not impaired thereby; and (v) liens and security interests securing purchase price Indebtedness permitted under the preceding paragraph labeled "Indebtedness," provided that liens and security interests may attach only to assets purchased with the proceeds of such permitted Indebtedness and may first attach only at the time of the initial acquisition of such assets by the Owner in order that the Owner may take advantage applicable member of the relevant local mechanics' lien waiver procedures with respect Obligated Group. Nothing set forth above shall preclude Balanced Care from pledging its stock in Borrower or any Management Company to mechanics' liens of any such SubcontractorHR Investments Limited, RH Investments Limited and VXM Investments Limited, each a Cayman Islands corporation.
(b) If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will cause such lien to be satisfied or otherwise discharged, or will file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will not release or discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Liens and Other Encumbrances. (a) In consideration Vendor covenants and agrees, after Vendor's receipt from Owner of full payment for the mut- ual undertakings herein respective Products and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledgedServices, the Vendorto:
(i) covenants and agrees to protect and keep free the System all Expansions and/or any PCS System and/or any PCS Sub-System and any and all interests and estates thereintherein acquired from Vendor, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with the performance by Vendor of this Contract or any performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;; and
(ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such SubcontractorExpansions.
(b) If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will shall use it best commercial efforts to cause such lien to be satisfied or otherwise discharged, or will shall file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days Business Days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.. Nortel Networks and Cricket Communications Proprietary and Confidential Information
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will shall not release or discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Liens and Other Encumbrances. (a) In consideration Vendor covenants and agrees, after shipment of the mut- ual undertakings herein respective Products and other good and valuable consideration the receipt and sufficiency performance of which is hereby acknowledgedServices, the Vendorto:
(i) covenants and agrees to except as provided in Section 3.6, protect and keep free the System and/or any PCS System and/or any PCS Sub-System and all Systems, Work, Expansions or any and all interests and estates thereintherein acquired by a Purchaser from Vendor, and all improvements and materials now or hereafter placed thereon under the terms of this ContractAgreement, from any and all claims, liensliens (other than any PMSI in effect in accordance with this Agreement) , charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with the performance by Vendor of this Agreement or any performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;; and
(ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such Subcontractor.
(b) If any laborers'’, materialmen's’s, mechanics'’, or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will shall use it best commercial efforts to cause such lien to be satisfied or otherwise discharged, or will shall file a bond in form and substance satisfactory to the Owner Cricket in lieu thereof within ten (10) days Business Days of the Vendor's ’s receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other any Company’s available remedies, the Owner any Purchaser has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from such Purchaser’s satisfaction, and to retain such funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will not release or discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Liens and Other Encumbrances. (a) In consideration of the mut- ual mutual ---------------------------- undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor:
(i) covenants and agrees to protect and keep free the System and/or any PCS System and/or any PCS Sub-System and any and all interests and estates therein, and all improvements and materials now or hereafter placed thereon under the terms of this Contract, from any and all claims, liens, charges or encumbrances of the nature of mechanics, labor or materialmen liens or otherwise arising out of or in connection with performance by any Subcontractor, including services or furnishing of any materials hereunder, and to promptly have any such lien released by bond or otherwise;
(ii) will give notice of this subsection 2.36 to each Subcontractor before such Subcontractor furnishes any labor or materials for the System and/or any PCS System and/or any PCS Sub-System; and
(iii) will make any and all filings reasonably requested by the Owner in order that the Owner may take advantage of the relevant local mechanics' lien waiver procedures with respect to mechanics' liens of any such Subcontractor.
(b) If any laborers', materialmen's, mechanics', or other similar lien or claim thereof is filed by any Subcontractor, the Vendor will cause such lien to be satisfied or otherwise discharged, or will file a bond in form and substance satisfactory to the Owner in lieu thereof within ten (10) days of the Vendor's receipt of notice of such filing. If any such lien is filed or otherwise imposed, and the Vendor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, then, without limiting the Owner's other available remedies, the Owner has the right, but not the obligation, to pay all sums necessary to obtain such release and discharge or otherwise cause the lien to be removed or bonded to the Owner's satisfaction from funds retained from any payment then due or thereafter to become due to the Vendor.
(c) The Owner reserves the right to post or place within the System and/or any PCS System and/or any PCS Sub-System notices of non-responsibility or to do any other act required by Applicable Law, to exempt the Owner and the System from any liability to third parties by reason of any work or improvements to be performed or furnished hereunder; provided that failure by the Owner to do so will not release or -------- ---- discharge the Vendor from any of its obligations hereunder.
Appears in 1 contract
Samples: Procurement and Services Contract (Sprint Spectrum Finance Corp)