Common use of Liens or Encumbrances Clause in Contracts

Liens or Encumbrances. A. Operator shall have no power to do any act or make any contract which may create or be the foundation for any lien, mortgage, or other encumbrance upon the interest of the Department in the Operational Area or any other part of Jungle Habitat. If Operator should cause any improvements or repairs to be made to the Operational Area, or if Operator should cause any labor to be performed or material to be furnished therein, thereon, or thereto, neither the Department, Jungle Habitat, nor the Operational Area shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such improvements, repairs, labor, and material, shall be made, furnished, and performed at Operator's expense, and Operator shall be solely and wholly responsible to the contractors, laborers, and materialmen furnishing and performing such labor and material. Operator shall require, as a condition of any contract or subcontract for labor or materials, all contractors, laborers and materialmen to execute a release of lien against the Department. B. If, because of any act or omission (or alleged act or omission) of Operator, any mechanic's or other lien, charge, or order for the payment of money shall be filed against the Operational Area, against Jungle Habitat, or against the Department (whether or not such lien, charge, or order is valid or enforceable as such), Operator shall, at its own cost and expense, cause the same to be cancelled and discharged of record or bonded within ten (10) days after notice to Operator of the filing thereof. Failure to do so shall be a default under Paragraph 20.A(i). C. Operator shall, upon completion of any improvement(s), provide the Department with a signed copy of any and all lien(s), said statement indicating that all contractors have been paid and all lien(s) have been discharged.

Appears in 1 contract

Samples: Operation Agreement

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Liens or Encumbrances. A. Operator shall have no power to do any act or make any contract which may create or be the foundation for any lien, mortgage, or other encumbrance upon the interest of the Department in the Operational Operation Area or any other part of Jungle Habitatthe State Park. If Operator should cause any improvements or repairs to be made to the Operational Operation Area, or if Operator should cause any labor to be performed or material to be furnished therein, thereon, or thereto, neither the Department, Jungle Habitatthe State Park, nor the Operational Operation Area shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such improvements, repairs, labor, and material, shall be made, furnished, and performed at Operator's expense, and Operator shall be solely and wholly responsible to the contractors, laborers, and materialmen furnishing and performing such labor and material. Operator shall require, as a condition of any contract or subcontract for labor or materials, all contractors, laborers and materialmen to execute a release of lien against the Department. B. If, because of any act or omission (or alleged act or omission) of Operator, any mechanic's or other lien, charge, or order for the payment of money shall be filed against the Operational Operation Area, against Jungle HabitatThe State Park, or against the Department (whether or not such lien, charge, or order is valid or enforceable as such), Operator shall, at its own cost and expense, cause the same to be cancelled and discharged of record or bonded within ten (10) days after notice to Operator of the filing thereof. Failure to do so shall be a default under Paragraph 20.A(i). C. Operator shall, upon completion of any improvement(s), provide the Department with a signed copy of any and all lien(s), said statement indicating that all contractors have been paid and all lien(s) have been discharged.

Appears in 1 contract

Samples: Operation Agreement

Liens or Encumbrances. A. Operator shall have no power to do any act or make any contract which may create or be the foundation for any lien, mortgage, or other encumbrance upon the interest of the Department in the Operational Area or any other part of Jungle HabitatSpring Meadow Golf Course. If Operator should cause any improvements or repairs to be made to the Operational Area, or if Operator should cause any labor to be performed or material to be furnished therein, thereon, or thereto, neither the Department, Jungle HabitatSpring Meadow Golf Course, nor the Operational Area shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such improvements, repairs, labor, and material, shall be made, furnished, and performed at Operator's expense, and Operator shall be solely and wholly responsible to the contractors, laborers, and materialmen furnishing and performing such labor and material. Operator shall require, as a condition of any contract or subcontract for labor or materials, all contractors, laborers and materialmen to execute a release of lien against the Department. B. If, because of any act or omission (or alleged act or omission) of Operator, any mechanic's or other lien, charge, or order for the payment of money shall be filed against the Operational Area, against Jungle HabitatSpring Meadow Golf Course, or against the Department (whether or not such lien, charge, or order is valid or enforceable as such), Operator shall, at its own cost and expense, cause the same to be cancelled and discharged of record or bonded within ten (10) days after notice to Operator of the filing thereof. Failure to do so shall be a default under Paragraph 20.A(i). C. Operator shall, upon completion of any improvement(s), provide the Department with a signed copy of any and all lien(s), said statement indicating that all contractors have been paid and all lien(s) have been discharged.

Appears in 1 contract

Samples: Operation Agreement

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Liens or Encumbrances. A. Operator shall have no power to do any act or make any contract which may create or be the foundation for any lien, mortgage, or other encumbrance upon the interest of the Department in the Operational Area Golf Course Property or any other part of Jungle Habitatthe Golf Course Property. If Operator should cause any improvements or repairs to be made to the Operational AreaGolf Course Property, or if Operator should cause any labor to be performed or material to be furnished therein, thereon, or thereto, neither the Department, Jungle Habitat, nor the Operational Area Golf Course Property shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such improvements, repairs, labor, and material, shall be made, furnished, and performed at Operator's expense, and Operator shall be solely and wholly responsible to the contractors, laborers, and materialmen furnishing and performing such labor and material. Operator shall require, as a condition of any contract or subcontract for labor or materials, all contractors, laborers and materialmen to execute a release of lien against the Department. B. If, because of any act or omission (or alleged act or omission) of Operator, any mechanic's or other lien, charge, or order for the payment of money shall be filed against the Operational Area, against Jungle HabitatGolf Course Property, or against the Department (whether or not such lien, charge, or order is valid or enforceable as such), Operator shall, at its own cost and expense, cause the same to be cancelled and discharged of record or bonded within ten (10) days after notice to Operator of the filing thereof. Failure to do so shall be a default under Paragraph 20.A(i). C. Operator shall, upon completion of any improvement(s), provide the Department with a signed copy of any and all lien(s), said statement indicating that all contractors have been paid and all lien(s) have been discharged.

Appears in 1 contract

Samples: Operating Agreement

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