Common use of Mechanics’ Liens and Claims Clause in Contracts

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 SITE, THE PROJECT, OR ANY PROPERTY OF CITY PARTIES, OR IMPOSING ANY LIABILITY ON CITY PARTIES FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO OWNER UPON CREDIT, (3) GIVE OWNER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT TO BE FURNISHED ANY SERVICE OR MATERIALS, IF DOING SO WOULD GIVE RISE TO THE FILING OF ANY MECHANICS’ OR MATERIALMANS’ LIEN AGAINST ANY OR ALL OF THE LAND OR ANY CITY PARTY INTEREST THEREIN; OR (4) TO EVIDENCE CITY PARTIES’ CONSENT THAT THE LAND BE SUBJECTED TO ANY SUCH MECHANICS’ OR MATERIALMANS’ LIEN. CITY PARTIES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE COMPLEX SITE TO POST AND KEEP POSTED ON THE COMPLEX SITE SUCH NOTICES OF NON-RESPONSIBILITY AS CITY PARTIES MAY DEEM NECESSARY FOR THE PROTECTION OF CITY PARTIES, AND THE FEE OF THE COMPLEX SITE, FROM MECHANIC’S LIENS.

Mechanics’ Liens and Claims. If any Lien or Claim of Lien, whether xxxxxx or inchoate, shall be filed against an MEDC the Premises, the Hotel Project Improvements, the Owner’s interest in the Complex SitePremises or the Hotel Project Improvements, the MEDCOwner, or any Property of the MEDC Owner by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Complex Site Premises or the Hotel Project Improvements (collectively, any “Mechanic’s Mechanics’ 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 the Developer shall, at its cost and expense, after Notice of the filing thereof but in no event less than sixty thirty (6030) calendar days after it is filed or claimedprior to the foreclosure of any such Mechanics’ Lien, cause the same to be released, satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction by bond, order of City Representativecourt or otherwise, the enforcement or foreclosure thereof against any MEDC interest in the Complex SitePremises, the MEDCHotel Project Improvements, the Owner, the City, or any Property of the MEDC Owner or by injunction, payment, deposit, bond, order of court or otherwisethe City. If Owner the Developer fails to satisfy or discharge of record any such Mechanic’s Mechanics’ Lien, or effectively prevent the enforcement thereof, not less than sixty by the date which is thirty (6030) calendar days after it is filed or claimedprior to the foreclosure thereof, then the MEDC Owner shall have the right, but not the obligationobligation following Notice to the Developer, to satisfy or discharge such Xxxxxxxx’s Mechanics’ Lien by payment to the claimant on whose behalf it was filed, and Owner the Developer shall reimburse the MEDC Owner within fifteen (15) calendar days after demand therefor for all amounts paid by or on behalf of the MEDC Owner (including together with reasonable attorneys’ fees, costs and expenses), together with interest on such amounts at the Default Rate from the date of demand for such amounts expenses so incurred by the MEDC until reimbursed by Owner, ) without regard to any defense or offset that Owner the Developer has or may have had against such Xxxxxxxx’s Mechanics’ Lien claim. Owner The Developer shall indemnify, defend and hold the Owner and the City Parties harmless from and against any and all such Mechanic’s Mechanics’ Liens (including, including all costs, expenses and liabilities, including reasonable attorneys’ fees and court costs, so incurred in connection with such Xxxxxxxx’s Mechanics’ Liens). IT IS THE INTENT OF CITY PARTIES THE OWNER AND OWNER DEVELOPER THAT NOTHING CONTAINED IN THIS DEVELOPER AGREEMENT SHALL (1A) BE CONSTRUED AS A WAIVER OF CITY PARTIES’ THE CITY’S LEGAL IMMUNITY AGAINST MECHANIC’S MECHANICS’ LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S MECHANICS’ LIENS ON ITS PROPERTY, INCLUDING THE COMPLEX SITE, PREMISES OR (2B) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF CITY PARTIES THE OWNER FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, OWNER DEVELOPER THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S MECHANICS’ LIEN AGAINST CITY PARTIES’ THE OWNER’S INTEREST IN THE COMPLEX SITEPREMISES, THE PROJECTHOTEL PROJECT IMPROVEMENTS, THE OWNER, THE CITY OR ANY PROPERTY OF CITY PARTIESTHE OWNER OR THE CITY, OR IMPOSING ANY LIABILITY ON CITY PARTIES THE OWNER FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO OWNER DEVELOPER UPON CREDIT, (3) GIVE . THE OWNER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT TO BE FURNISHED ANY SERVICE OR MATERIALS, IF DOING SO WOULD GIVE RISE TO THE FILING OF ANY MECHANICS’ OR MATERIALMANS’ LIEN AGAINST ANY OR ALL OF THE LAND OR ANY CITY PARTY INTEREST THEREIN; OR (4) TO EVIDENCE CITY PARTIES’ CONSENT THAT THE LAND BE SUBJECTED TO ANY SUCH MECHANICS’ OR MATERIALMANS’ LIEN. CITY PARTIES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN AT THE COMPLEX SITE PREMISES TO POST AND KEEP POSTED ON AT THE COMPLEX SITE PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS CITY PARTIES THE OWNER MAY DEEM NECESSARY FOR THE PROTECTION OF CITY PARTIESTHE OWNER AND THE CITY, AND THE FEE OF THE COMPLEX SITE, PREMISES FROM MECHANIC’S MECHANICS’ LIENS.

Mechanics’ Liens and Claims. AUTHORITY SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY ON THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS AUTHORITY MAY DEEM NECESSARY FOR THE PROTECTION OF AUTHORITY, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC'S LIENS. If any Lien lien shall be filed against an MEDC interest in the Complex Site, the MEDC, Authority or any Property property of the MEDC Authority by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Complex Site Leased Premises (each a “Mechanic's Lien" and collectively, any the “Mechanic’s Lien”'s Liens") by or on behalf of OwnerLessee, any Affiliate of Owner Lessee or anyone claiming by, through or under Owner Lessee or any Affiliate of OwnerLessee, Owner Lessee shall, at its cost and expense, after Notice notice of the filing thereof but in no event less than sixty thirty (6030) calendar days after it is filed or claimedprior to the foreclosure of any such Mechanic's Lien, cause the same to be released, satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of City RepresentativeAuthority, the enforcement or foreclosure thereof against any MEDC Authority’s interest in the Complex SiteLeased Premises, the MEDCAuthority, or any Property property of the MEDC or Authority by injunction, payment, deposit, bond, order of court or otherwise. If Owner Lessee fails to satisfy or discharge of record any such Mechanic’s 's Lien, or effectively prevent the enforcement thereof, not less than sixty by the date which is thirty (6030) calendar days after it is filed or claimedprior to the foreclosure thereof, then the MEDC Authority shall have the right, but not the obligation, to satisfy or discharge such Xxxxxxxx’s Mechanic's Lien by payment to the claimant on whose behalf it was filed, and Owner Lessee shall reimburse the MEDC Authority within fifteen (15) calendar days after demand receipt of invoice for all amounts paid by the MEDC Authority (including reasonable attorneys’ ' fees, costs and expenses), together with interest on such amounts at the Default Rate five percent (5%) per annum from the date of demand for such amounts by the MEDC Authority until reimbursed by OwnerLessee, without regard to any defense or offset that Owner Lessee has or may have had against such Xxxxxxxx’s Mechanic's Lien claim. Owner Lessee shall indemnify, defend and hold the City Parties Authority harmless from and against any and all such Mechanic’s 's Liens (including, all costs, expenses and liabilities, including reasonable attorneys’ ' fees and court costs, so incurred in connection with such Xxxxxxxx’s Mechanic'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 SITE, THE PROJECT, OR ANY PROPERTY OF CITY PARTIES, OR IMPOSING ANY LIABILITY ON CITY PARTIES FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO OWNER UPON CREDIT, (3) GIVE OWNER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT TO BE FURNISHED ANY SERVICE OR MATERIALS, IF DOING SO WOULD GIVE RISE TO THE FILING OF ANY MECHANICS’ OR MATERIALMANS’ LIEN AGAINST ANY OR ALL OF THE LAND OR ANY CITY PARTY INTEREST THEREIN; OR (4) TO EVIDENCE CITY PARTIES’ CONSENT THAT THE LAND BE SUBJECTED TO ANY SUCH MECHANICS’ OR MATERIALMANS’ LIEN. CITY PARTIES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE COMPLEX SITE TO POST AND KEEP POSTED ON THE COMPLEX SITE SUCH NOTICES OF NON-RESPONSIBILITY AS CITY PARTIES MAY DEEM NECESSARY FOR THE PROTECTION OF CITY PARTIES, AND THE FEE OF THE COMPLEX SITE, FROM MECHANIC’S LIENS.

Mechanics’ Liens and Claims. If any Lien or Claim of Lien, whether xxxxxx or inchoate, shall be filed against an MEDC the Premises, the Hotel Project Improvements, the Owner’s interest in the Complex SitePremises or the Hotel Project Improvements, the MEDCOwner, or any Property of the MEDC Owner by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Complex Site Premises or the Hotel Project Improvements (collectively, any “Mechanic’s Mechanics’ 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 the Developer shall, at its cost and expense, after Notice of the filing thereof but in no event less than sixty thirty (6030) calendar days after it is filed or claimedprior to the foreclosure of any such Mechanics’ Lien, cause the same to be released, satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction by xxxx, order of City Representativecourt or otherwise, the enforcement or foreclosure thereof against any MEDC interest in the Complex SitePremises, the MEDCHotel Project Improvements, the Owner, the City, or any Property of the MEDC Owner or by injunction, payment, deposit, bond, order of court or otherwisethe City. If Owner the Developer fails to satisfy or discharge of record any such Mechanic’s Mechanics’ Lien, or effectively prevent the enforcement thereof, not less than sixty by the date which is thirty (6030) calendar days after it is filed or claimedprior to the foreclosure thereof, then the MEDC Owner shall have the right, but not the obligationobligation following Notice to the Developer, to satisfy or discharge such Xxxxxxxx’s Mechanics’ Lien by payment to the claimant on whose behalf it was filed, and Owner the Developer shall reimburse the MEDC Owner within fifteen (15) calendar days after demand therefor for all amounts paid by or on behalf of the MEDC Owner (including together with reasonable attorneys’ fees, costs and expenses), together with interest on such amounts at the Default Rate from the date of demand for such amounts expenses so incurred by the MEDC until reimbursed by Owner, ) without regard to any defense or offset that Owner the Developer has or may have had against such Xxxxxxxx’s Mechanics’ Lien claim. Owner The Developer shall indemnify, defend and hold the Owner and the City Parties harmless from and against any and all such Mechanic’s Mechanics’ Liens (including, including all costs, expenses and liabilities, including reasonable attorneys’ fees and court costs, so incurred in connection with such Xxxxxxxx’s Mechanics’ Liens). IT IS THE INTENT OF CITY PARTIES THE OWNER AND OWNER DEVELOPER THAT NOTHING CONTAINED IN THIS DEVELOPER AGREEMENT SHALL (1A) BE CONSTRUED AS A WAIVER OF CITY PARTIES’ THE CITY’S LEGAL IMMUNITY AGAINST MECHANIC’S MECHANICS’ LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S MECHANICS’ LIENS ON ITS PROPERTY, INCLUDING THE COMPLEX SITE, PREMISES OR (2B) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF CITY PARTIES THE OWNER FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, OWNER DEVELOPER THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S MECHANICS’ LIEN AGAINST CITY PARTIES’ THE OWNER’S INTEREST IN THE COMPLEX SITEPREMISES, THE PROJECTHOTEL PROJECT IMPROVEMENTS, THE OWNER, THE CITY OR ANY PROPERTY OF CITY PARTIESTHE OWNER OR THE CITY, OR IMPOSING ANY LIABILITY ON CITY PARTIES THE OWNER FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO OWNER DEVELOPER UPON CREDIT, (3) GIVE . THE OWNER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT TO BE FURNISHED ANY SERVICE OR MATERIALS, IF DOING SO WOULD GIVE RISE TO THE FILING OF ANY MECHANICS’ OR MATERIALMANS’ LIEN AGAINST ANY OR ALL OF THE LAND OR ANY CITY PARTY INTEREST THEREIN; OR (4) TO EVIDENCE CITY PARTIES’ CONSENT THAT THE LAND BE SUBJECTED TO ANY SUCH MECHANICS’ OR MATERIALMANS’ LIEN. CITY PARTIES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN AT THE COMPLEX SITE PREMISES TO POST AND KEEP POSTED ON AT THE COMPLEX SITE PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS CITY PARTIES THE OWNER MAY DEEM NECESSARY FOR THE PROTECTION OF CITY PARTIESTHE OWNER AND THE CITY, AND THE FEE OF THE COMPLEX SITE, PREMISES FROM MECHANIC’S MECHANICS’ LIENS.