Common use of Mechanics' and Other Liens Clause in Contracts

Mechanics' and Other Liens. The Company shall not suffer or permit any mechanics' or other liens to be filed or exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for or in connection with the Project or any part thereof or to the Director or the Company or anyone holding the Project or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company shall, within one hundred twenty days after notice of the filing thereof but subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company to the Director on demand, and if not so reimbursed on demand shall be paid by the Company with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees to pay.

Mechanics' and Other Liens. The Company 25.1 Tenant covenants that it shall not (and has no authority to) create or allow any encumbrance against the Premises, the Property, or any part of any thereof or of Landlord's interest therein. Tenant covenants that it shall not suffer or permit any mechanics' or other liens to be filed created, or exist against the Project nor to remain, any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund lien or the Collateral Proceeds Account, by reason claim thereof (arising out of work, labor, any work done or services, material, equipment or materials supplied or claimed to have been supplied to, supplies furnished for or in connection with at the Project request of Tenant or by or for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the Premises, the Property, or any part of any thereof or to the Director or the Company or anyone holding the Project income therefrom or any part thereof through fixture, equipment or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. similar property therein. 25.2 If any such liens lien or claim shall at any time be filed, the Company shall, Tenant shall within one hundred twenty ten (10) days after notice of the filing thereof but subject to the right to contest hereinafter set forththereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If the Company Tenant shall fail to cause such lien or claim to be discharged, or to contest the validity or amount thereof, discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy of the DirectorLandlord may have, the Director Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the same either by paying prosecution of an action for the amount claimed to be due or by procuring the discharge foreclosure of such lien by deposit or by bondingthe lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amount amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Director Lease Interest Rate from the respective dates of Landlord's making of the payment or incurring of the cost or expense, shall be reimbursed constitute Additional Rent payable by the Company to the Director on demand, Tenant under this Lease and if not so reimbursed on demand shall be paid by the Company with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees Tenant to payLandlord promptly on demand.

Mechanics' and Other Liens. The Company shall not suffer or permit any mechanics' or other liens to be filed or exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for or in connection with the Project or any part thereof or to the Director or the Company or anyone holding the Project or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company shall, within one hundred twenty days (120) after notice of the filing thereof but thereofbut subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company to the Director on demand, and if not so reimbursed on demand shall be paid by the Company with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees to pay.. Nothing in this Section shall require the Company to payor discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the priority of the liens of the Security Documents on right, title or interest in the Project. [End of Article VII]

Mechanics' and Other Liens. The Company Borrowers shall not suffer or permit any mechanics' ’ or other liens to be filed or exist against the Project nor Property or any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for or in connection with the Project Project, the Property or any part thereof or to the Director or the Company either Borrower or anyone holding the Project Property or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the ProjectBorrowers. If any such liens shall at any time be filed, the Company Borrowers shall, within one hundred twenty days after notice of the filing thereof but subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company Borrowers shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company Borrowers to the Director on demand, and if not so reimbursed on demand shall be paid by the Company Borrowers with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees Borrowers jointly and severally agree to pay. Nothing in this Section shall require the Borrowers to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Borrowers shall have delivered to the Director an opinion of counsel, selected by the Borrowers and acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect either Borrower’s right, title or interest in the Property.

Mechanics' and Other Liens. The Company shall not suffer Suffer or permit any mechanics' ’ or other liens to be filed or exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for or in connection with the Project or any part thereof or to the Director or the Company or anyone holding the Project or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company shall, within one hundred twenty days after notice of the filing thereof but subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company to the Director on demand, and if not so reimbursed on demand shall be paid by the Company with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees to pay. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Company’s right, title or interest in the Project.

Mechanics' and Other Liens. The Company TDD Bonds Beneficiary shall not suffer or permit any mechanics' ’ or other liens to be filed or exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for or in connection with the Project or any part thereof or to the Director or the Company or anyone holding the Project or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company TDD Bonds Beneficiary shall, within one hundred twenty 120 days after notice of the filing thereof but subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company TDD Bonds Beneficiary shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company TDD Bonds Beneficiary to the Director on demand, and if not so reimbursed on demand shall be paid by the Company TDD Bonds Beneficiary with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company TDD Bonds Beneficiary agrees to pay. Nothing in this Section shall require the TDD Bonds Beneficiary to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided if the amount of the lien claim is in excess of $100,000, the TDD Bonds Beneficiary shall have delivered to the Director an opinion of counsel, selected by the TDD Bonds Beneficiary and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the priority of the liens of the Security Documents on right, title or interest in the Project.

Mechanics' and Other Liens. The Company shall not suffer or permit any mechanics' or other liens to be filed or exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for for, or in connection with with, the Project or any part thereof or to the Director or the Company or anyone holding the Project or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company shall, within one hundred twenty (120) days after notice of the filing thereof but subject to the right to contest hereinafter set forthforth in the immediately preceding sentence, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company to the Director on demand, and if not so reimbursed on demand shall be paid by the Company with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees to pay.

Mechanics' and Other Liens. The Company shall not suffer or permit any mechanics' or other liens to be filed or to exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund or the Collateral Proceeds Account, by reason of work, labor, services, services or materials supplied or claimed to have been supplied to, for or in connection with the Project or any part thereof or to the Director Collateral or the Company or anyone holding the Project Collateral or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge If any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company shall, shall within one hundred twenty thirty (30) days after notice of the filing thereof but subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Notwithstanding the foregoing, the Company shall have the right, at the Company's own expense and after prior written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such lien. However, if the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the pledge, lien or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such lien to be discharged of record, as herein provided. Should the Company fail to cause such lien to be discharged, discharged or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated under no obligation to, discharge the same either by paying the amount claimed to be due claim or by procuring the discharge of such lien by making a deposit or by bonding. Any amount paid by the Director obtaining a bond, which advances if any shall be reimbursed by the Company secured hereby and shall be repayable to the Director on demand, and if not so reimbursed on demand shall be paid by the Company with interest thereof at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company agrees to payas provided in Section 3.5 hereof.

Mechanics' and Other Liens. The Company Borrower shall not, and shall not permit the Lessee to, suffer or permit any mechanics' ’ or other liens to be filed or exist against the Project nor any part thereof, nor against the Company's leasehold interest in the Project, nor against the Project Fund Funds or the Collateral Proceeds Account, by reason of work, labor, services, or materials supplied or claimed to have been supplied to, for or in connection with the Project or any part thereof or to the Director or the Company or anyone holding the Project or any part thereof through or under the Company. Nothing in this Section shall require the Company to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided that the Company shall have delivered to the Director an opinion of counsel, selected by the Company and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the Director's right, title or interest in the Project. If any such liens shall at any time be filed, the Company Borrower shall, within one hundred twenty 90 days after notice of the filing thereof but subject to the right to contest hereinafter set forth, cause, or shall cause the Lessee to cause, the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Company Borrower and the Lessee shall fail to cause such lien to be discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy of the Director, the Director may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding. Any amount paid by the Director shall be reimbursed by the Company Borrower or the Lessee to the Director on demand, and if not so reimbursed on demand shall be paid by the Company Borrower with interest thereof thereon at the Interest Rate for Advances from the date of payment by the Director, which amounts the Company Borrower agrees to pay. Nothing in this Section shall require the Borrower or the Lessee to pay or discharge any such lien so long as the validity thereof shall be contested in good faith and by appropriate legal proceedings, provided the Borrower or the Lessee shall have delivered to the Director an opinion of counsel, selected by the Borrower or the Lessee and reasonably acceptable to the Director, to the effect that nonpayment of any such lien during the pendency of such contest will not adversely affect the priority of the liens of the Loan Documents on the Borrower’s or the Lessee’s right, title or interest in the Project.