Common use of Mechanics' and Other Liens Clause in Contracts

Mechanics' and Other Liens. Mortgagor shall not permit any mechanics' or other liens to be filed or to exist against the Mortgaged Property by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Mortgaged Property or to Mortgagor or anyone holding the Mortgaged Property or any part thereof through or under Mortgagor; provided, however, that if any such lien shall at any time be filed, Mortgagor shall, within ten (10) days after notice of the filing thereof but subject to the right of contest as set forth herein, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding anything to the contrary contained herein, Mortgagor shall have the right, at its own expense and after prior written notice to Mortgagee, by appropriate proceedings duly instituted and diligently prosecuted, to contest in good faith the validity, applicability or amount of any such lien if Mortgagor establishes an escrow or other security acceptable to Mortgagee (or, at its option, Mortgagee may establish a reserve against loans otherwise available to Mortgagor or its affiliates) in an amount estimated by Mortgagee to be adequate to cover the payment of the amount being contested with interest, costs and penalties and an additional sum to cover possible interest, costs and penalties; and, if the amount of such escrow or other security (or reserve) is insufficient to pay any amount adjudged by a court of competent jurisdiction to be due, with all interest, costs and penalties thereon, Mortgagor shall pay such deficiency no later than the date such judgment becomes final.

Mechanics' and Other Liens. Mortgagor Mortgagor, and its assigns, shall not suffer or permit any mechanics' or other ’ liens to be filed or to exist against the Mortgaged Property Property, or against any payment to be made under the Bond Lease or payment agreement, or any Payment Agreement as defined in the bond documents by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Mortgaged Property or to Mortgagor or anyone holding the Mortgaged Property Project or the Project Site or any part thereof through or under Mortgagor; provided, however, that if . If any such lien mechanics’ liens shall at any time be filed, Mortgagor shall, within ten thirty (1030) days after notice of the filing thereof but subject to the right of contest as set forth hereinthereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise; provided that if Mortgagor in good faith and by appropriate legal action shall contest the validity of any such mechanic’s lien, or the amount thereof, then Mortgagor shall not be required to discharge such mechanic’s lien so long as the contest is maintained and prosecuted with diligence, and shall not have been terminated or discontinued adversely to Mortgagor. Notwithstanding anything the foregoing, if Mortgagee notifies Mortgagor that, in the opinion of counsel selected by Mortgagee, by nonpayment of any such mechanic’s lien the lien of this Mortgage as to any part of the contrary contained hereinMortgaged Property will be materially affected or the Mortgaged Property or any part thereof will be subject to imminent loss or forfeiture, Mortgagor shall have the right, at its own expense and after prior written notice to Mortgagee, by appropriate proceedings duly instituted and diligently prosecuted, to contest in good faith the validity, applicability or amount of any promptly discharge such lien if Mortgagor establishes an escrow or other security acceptable to Mortgagee (or, at its option, Mortgagee may establish a reserve against loans otherwise available to Mortgagor or its affiliates) in an amount estimated by Mortgagee to be adequate to cover the payment of the amount being contested with interest, costs and penalties and an additional sum to cover possible interest, costs and penalties; and, if the amount of such escrow or other security (or reserve) is insufficient to pay any amount adjudged by a court of competent jurisdiction to be due, with all interest, costs and penalties thereon, Mortgagor shall pay such deficiency no later than the date such judgment becomes finalmechanic’s lien.

Mechanics' and Other Liens. The Mortgagor shall not permit any mechanics' ’ or other liens to be filed or to exist against the Mortgaged Property by reason of work, labor, services service or materials supplied or claimed to have been supplied to, for or in connection with the Mortgaged Property or to the Mortgagor or to anyone holding the Mortgaged Property or any part thereof through or under the Mortgagor; provided, however, that if . If any such lien shall at any time be filed, the Mortgagor shall, within ten thirty (1030) days after notice of the filing thereof but (subject to the right of to contest as set forth herein), cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding anything to the contrary contained hereinforegoing, the Mortgagor shall have the right, at its own expense and after prior written notice to the Mortgagee, by appropriate proceedings proceeding duly instituted and diligently prosecuted, to contest in good faith the validity, applicability validity or the amount of any such lien if Mortgagor establishes an escrow or other security acceptable to Mortgagee (or, at its option, Mortgagee may establish a reserve against loans otherwise available to Mortgagor or its affiliates) in an amount estimated by Mortgagee to be adequate to cover the payment of the amount being contested with interest, costs and penalties and an additional sum to cover possible interest, costs and penalties; andlien. However, if the amount Mortgagee shall notify the Mortgagor that, in the opinion of the Mortgagee, by nonpayment of any such escrow items the lien of the Leasehold Mortgage will be materially affected or other security (the Mortgaged Property or reserve) is insufficient any part thereof will be subject to pay any amount adjudged by a court of competent jurisdiction imminent loss or forfeiture, the Mortgagor shall promptly cause such lien to be due, with all interest, costs and penalties thereon, Mortgagor shall pay such deficiency no later than the date such judgment becomes finaldischarged of record.

Mechanics' and Other Liens. Mortgagor Except as otherwise set forth herein, Borrower shall not permit any mechanics' or other liens to be filed or to exist against the Mortgaged Property by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Mortgaged Property or to Mortgagor Borrower or anyone holding the Mortgaged Property or any part thereof through or under MortgagorBorrower, which is likely to cause a Material Adverse Effect; provided, however, that if any such lien shall at any time be filed, Mortgagor Borrower shall, within ten thirty (1030) days after notice of the filing thereof but subject to the right of contest as set forth herein, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding anything to the contrary contained herein, Mortgagor Borrower shall have the right, at its own expense and after prior written notice to Mortgagee, by appropriate proceedings duly instituted and diligently prosecuted, to contest in good faith the validity, applicability or amount of any such lien if Mortgagor Borrower establishes an escrow or other security acceptable to Mortgagee (or, at its option, Mortgagee may establish a reserve against loans otherwise available to Mortgagor Borrower or its affiliates) in an amount estimated by Mortgagee to be adequate to cover the payment of the amount being contested with interest, costs and penalties and an additional sum to cover possible interest, costs and penalties; and, if the amount of such escrow or other security (or reserve) is insufficient to pay any amount adjudged by a court of competent jurisdiction to be due, with all interest, costs and penalties thereon, Mortgagor Borrower shall pay such deficiency no later than the date such judgment becomes final.

Mechanics' and Other Liens. The Mortgagor shall not permit any mechanics' or other liens to be filed or to exist against the Series 1989D Mortgaged Property by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Series 1989D Mortgaged Property or to the Mortgagor or anyone holding the Series 1989D Mortgaged Property or any part thereof through or under the Mortgagor; provided, however, that if . If any such lien shall at any time be filed, the Mortgagor shall, within ten (10) thirty days after notice of the filing thereof but subject to the right of to contest as set forth herein, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding anything to the contrary contained hereinforegoing, the Mortgagor shall have leave the right, at its own expense and after prior written notice to the Mortgagee, by appropriate proceedings duly instituted and diligently prosecuted, to contest in good faith the validity, applicability validity or the amount of any such lien if Mortgagor establishes an escrow or other security acceptable to Mortgagee (or, at its option, Mortgagee may establish a reserve against loans otherwise available to Mortgagor or its affiliates) in an amount estimated by Mortgagee to be adequate to cover the payment of the amount being contested with interest, costs and penalties and an additional sum to cover possible interest, costs and penalties; andlien. However, if the amount Mortgagee shall deliver to the Mortgagor an opinion of Independent Counsel to the effect that by nonpayment of any such escrow items, the lien or other security (interests created by this Series 1989D Mortgage will be materially affected or reserve) is insufficient the Series 1989D Mortgaged Property or any part thereof will be subject to pay any amount adjudged by a court of competent jurisdiction imminent loss or forfeiture, the Mortgagor shall promptly cause such lien to be due, with all interest, costs and penalties thereon, Mortgagor shall pay such deficiency no later than the date such judgment becomes finaldischarged of record.