Common use of Mechanics’ Liens and Contest Thereof Clause in Contracts

Mechanics’ Liens and Contest Thereof. Borrower will not suffer or permit any mechanics’ lien claims to be filed or otherwise asserted against the Project or any funds due to the General Contractor, and will promptly discharge the same in case of the filing of any claims for lien or proceedings for the enforcement thereof, provided, however, that Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such lien or claim provided that Borrower posts a statutory xxxx xxxx which removes such lien from title to the Project within twenty-five (25) days of written notice by Agent to Borrower of the existence of the lien. Lender will not be required to make any further disbursements of the proceeds of the Loan until any mechanics’ lien claims have been removed as required by this Agreement and Lender may, at its option, restrict disbursements to reserve sufficient sums to pay 150% of any such lien.

Appears in 1 contract

Samples: Construction Loan Agreement (Dupont Fabros Technology, Inc.)

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Mechanics’ Liens and Contest Thereof. Borrower will not suffer or ------------------------------------ permit any mechanics' lien claims to be filed or otherwise asserted against the Project or any funds due to the General Contractor, and will promptly discharge the same in case of the filing of any claims for lien or proceedings for the enforcement thereof, provided, however, that Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such lien or claim provided that Borrower posts a statutory xxxx xxxx which removes such lien from title to the Project within twenty-five twenty (2520) days of written notice by Agent Lender to Borrower of the existence of the lien). Lender will not be required to make any further disbursements of the proceeds of the Loan until any mechanics' lien claims have been removed as required by this Agreement and Lender may, at its option, restrict disbursements to reserve sufficient sums to pay 150% of any such the lien.

Appears in 1 contract

Samples: Loan Agreement (American Leisure Holdings, Inc.)

Mechanics’ Liens and Contest Thereof. Borrower will not suffer or permit any mechanics’ lien claims to be filed or otherwise asserted against the Project or any funds due to the General Contractor, and will promptly discharge the same in case of the filing of any claims for lien or proceedings for the enforcement thereof, provided, however, that Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such lien or claim provided that Borrower posts a statutory xxxx lxxx xxxx which removes such lien from title to the Project within twenty-five thirty (2530) days of written notice by Agent Lender to Borrower of the existence of the lien. Lender will not be required to make any further disbursements of the proceeds of the Loan until any mechanics’ lien claims have been removed as required by this Agreement and Lender may, at its option, restrict disbursements to reserve sufficient sums to pay one hundred fifty percent (150% %) of any such the lien.

Appears in 1 contract

Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)

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Mechanics’ Liens and Contest Thereof. Borrower will not suffer or permit any mechanics’ lien claims to be filed or otherwise asserted against the Project or any funds due to the General Contractor, and will promptly discharge the same in case of the filing of any claims for lien or proceedings for the enforcement thereof, provided, however, that Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such lien or claim provided that Borrower posts a statutory xxxx lxxx xxxx which removes such lien from title to the Project within twenty-five twenty (2520) days of written notice by Agent to Borrower of the existence of the lien. Lender Lenders will not be required to make any further disbursements of the proceeds of the Loan until any mechanics’ lien claims have been removed as required by this Agreement and Lender Lenders may, at its their option, restrict disbursements to reserve sufficient sums to pay 150% of any such the lien.

Appears in 1 contract

Samples: Construction Loan Agreement (Republic Property Trust)

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