Mechanics’ Liens and Claims. StadCo shall at all times indemnify, defend (with counsel reasonably satisfactory to the Authority), protect, and hold the Authority, the Authority Indemnified Persons, and the Premises free and harmless from any costs, damages, liability, claims, liens, demands, encumbrances or litigation, including reasonable attorneys’ fees and costs, including those incurred in preparation for trial and appeal, arising directly or indirectly out of any work performed, material furnished or obligations incurred by StadCo in connection with the Premises, and shall, except as hereinafter permitted in Section 8.2(a) below, pay or cause to be paid for all work performed and material furnished to the Premises which will or may result in a Lien on the Premises or the Authority’s reversionary estate therein, and will keep the Premises and StadCo’s leasehold estate free and clear of all Liens.
Mechanics’ Liens and Claims. StadCo shall at all times indemnify, defend (with counsel reasonably satisfactory to the Authority), protect, and hold the Authority and the Authority Indemnified Persons, free and harmless from any costs, damages, liability, claims, liens, demands, encumbrances or litigation, including reasonable attorneys’ fees and costs, including those incurred in preparation for trial and appeal, arising directly or indirectly out of any work performed, material furnished or obligations incurred by StadCo in connection with the Land and/or the Project Improvements, and shall, except as hereinafter permitted in Section 7.14(a) below, pay or cause to be paid for all work performed and material furnished to the Land and/or the Project Improvements, which will or may result in a Lien on the Land and/or the Project Improvements, and will keep the Land and/or the Project Improvements, and StadCo’s leasehold estate free and clear of all Liens.
Mechanics’ Liens and Claims. If any Lien shall be filed against an MEDC interest in the Complex Site, the MEDC, or any Property of the MEDC by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Complex Site (collectively, any “Mechanic’s Lien”) by or on behalf of Owner, any Affiliate of Owner or anyone claiming by, through or under Owner or any Affiliate of Owner, Owner shall, at its cost and expense, after Notice of the filing thereof but in no event less than sixty (60) days after it is filed or claimed, cause the same to be released, satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of City Representative, the enforcement or foreclosure thereof against any MEDC interest in the Complex Site, the MEDC, or any Property of the MEDC or by injunction, payment, deposit, bond, order of court or otherwise. If Owner fails to satisfy or discharge of record any such Mechanic’s Lien, or effectively prevent the enforcement thereof, not less than sixty (60) days after it is filed or claimed, then the MEDC shall have the right, but not the obligation, to satisfy or discharge such Xxxxxxxx’s Lien by payment to the claimant on whose behalf it was filed, and Owner shall reimburse the MEDC within fifteen (15) days after demand for all amounts paid by the MEDC (including reasonable attorneys’ fees, costs and expenses), together with interest on such amounts at the Default Rate from the date of demand for such amounts by the MEDC until reimbursed by Owner, without regard to any defense or offset that Owner has or may have had against such Xxxxxxxx’s Lien claim. Owner shall indemnify, defend and hold the City Parties harmless from and against any and all such Mechanic’s Liens (including, all costs, expenses and liabilities, including reasonable attorneys’ fees and court costs, so incurred in connection with such Xxxxxxxx’s Liens). IT IS THE INTENT OF CITY PARTIES AND OWNER THAT NOTHING CONTAINED IN THIS AGREEMENT SHALL (1) BE CONSTRUED AS A WAIVER OF CITY PARTIES’ LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE COMPLEX SITE, (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF CITY PARTIES FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, OWNER THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST CITY PARTIES’ INTEREST IN THE COMPLEX ...
Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON- RESPONSIBILITY AS LANDLORD MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORD, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S LIENS. If any Lien shall be filed against Landlord’s or Tenant’s interest in the Leased Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than thirty (30) calendar days prior to the foreclosure of any such Mechanic’s Lien, cause the same to be satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of Landlord Representative, the enforcement or foreclosure thereof against Landlord’s or Tenant’s interest in the Leased Premises by injunction, payment, deposit, bond, order of court or otherwise. If Tenant fails to satisfy or discharge of record any such Mechanic’s Lien, or effectively prevent the enforcement thereof, by the date which is thirty (30) calendar days prior to the foreclosure thereof, then Landlord shall have the right, but not the obligation, to satisfy or discharge such Xxxxxxxx’s Lien by payment to the claimant on whose behalf it was filed, and Tenant shall reimburse Landlord within fifteen (15) calendar days after demand for all amounts p...
Mechanics’ Liens and Claims. If any Lien shall be filed against Xxxxxxxx’s interest in the Leased Premises, Landlord or any Property of Landlord by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than fifteen
Mechanics’ Liens and Claims. StadCo shall comply with Applicable Laws to ensure that no Liens encumbering the Authority’s interest in the Land or the Project Improvements arise as a result of the Project Improvements Work.
Mechanics’ Liens and Claims. If any Lien, other than a Permitted Encumbrance shall be filed by any Person against the Facility or the Project Site, the Project Operator shall promptly notify the Owners and propose a procedure to obtain the release of such Lien. Subject to the requirements of any Project Agreement, the Project Operator shall take the initiative to (i) satisfy or discharge such Lien, (ii) take all reasonable efforts to preclude its enforcement by injunction, payment, deposit, bond, order of court or otherwise, or (iii) negotiate settlement and release of such Lien with the claimant; provided that any of the foregoing constituting a Material Project Action shall be subject to the approval of the Management Committee by a Majority Vote. The costs of any of the foregoing action taken by the Project Operator shall constitute Operating Expenses except to the extent such costs shall qualify as Project Operator Indemnifiable Losses, in which case all such costs shall be borne by the Project Operator. For the avoidance of doubt, the Parties acknowledge that this Section 2.15 is not intended to vitiate the Owners' rights to satisfy or discharge any Lien in accordance with Section 8.6 of the Participation Agreement. Each Participant agrees to reasonably coordinate its efforts to satisfy or discharge any such Lien with the Project Operator if the Project Operator is also attempting to satisfy or discharge such Lien in accordance with this Section 2.15.
Mechanics’ Liens and Claims. If any mechanic’s lien or other claim shall be filed for or on account of the Work, Contractor shall discharge such lien or claim within thirty days of receiving written notice of such lien or other claim.
Mechanics’ Liens and Claims. If any mechanic’s lien, public improvement lien, or other claim should be filed for or on account of the Work, Contractor shall, within thirty (30) days after notification thereof, discharge such lien or claim or otherwise make provision satisfactory to the Owner for its satisfaction. If Contractor fails to comply with this provision, the Owner may take any steps it deems appropriate to discharge such lien or other claim and Contractor shall be obligated to indemnify any costs and expenses associated with the discharge or satisfaction of the lien or other claim incurred by the Owner, including reasonable attorney’s fees.
Mechanics’ Liens and Claims. If (a) any Lien or claim of Lien, whether xxxxxx or inchoate, shall be filed against the Project, the Project Site or the Ownership Interest of a Participant by reason of any services supplied or claimed to have been supplied on or to all or part of the Project or the Project Site, and (b) such Lien or claim of Lien has not been satisfied or discharged of record, or its enforcement precluded, to the reasonable satisfaction of any Participant, by injunction, payment, deposit, bond, order of court or otherwise by the date which is estimated to be no less than ninety (90) days prior to the foreclosure thereof, then the Management Committee (or any Participant, in the absence of action of the Management Committee to do so after reasonable notice from such Participant) shall have the right, but not the obligation, to satisfy, bond or discharge such Lien and the amount incurred by the Management Committee (or any such Participant) shall be an Operating Expense, provided, however, in the event such Lien has been imposed as a consequence of the unauthorized act or omission, negligence or willful misconduct of a Participant, such Participant shall promptly pay such Operating Expenses.
