Common use of No Site Encumbrances Clause in Contracts

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBH, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 shall apply to claims for lien made against the Site, the Facility or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the SiteLands, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the SiteLands, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBHContracting Authority, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH Contracting Authority will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 shall apply to claims for lien made against the Site, the Facility or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the SiteLands, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the SiteLands, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBHContracting Authority, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH Contracting Authority will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 shall apply to claims for lien made against the Site, the Facility or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance (including claims for lien made against the Site pursuant to the CLA) to be filed, issued or registered against the Site, the Facility or the Existing Facilities Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site, the Facilities or the Existing Facilities Site or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBHthe CTC due to an act or omission of Project Co or any Project Co Party, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH the CTC will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 Sections 17.3(e) to 17.3(g) shall apply to claims for lien made against the Site, Site or the Facility or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative HoldbackHoldbacks.

No Site Encumbrances. ‌ (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBHthe College, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH the College will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 17.3(e) shall apply to claims for lien made against the Site, the Facility or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the SiteLands, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the SiteLands, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBHContracting Authority, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH Contracting Authority will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 shall apply to claims for lien made against the SiteLands, the Facility or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the SiteSites, the Facility Facilities or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the SiteSites, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by JBHContracting Authority, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, JBH Contracting Authority will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 17.2, the Parties acknowledge that the provisions of Section 17.3 shall apply to claims for lien made against the SiteSites, the Facility Facilities or the Existing Facilities pursuant to the CLA and shall also apply to claims made against the Legislative Holdback.