Common use of OTHER LIENS AND ENCUMBRANCES Clause in Contracts

OTHER LIENS AND ENCUMBRANCES. 16.1.1 If any mechanics’ liens or other liens or orders for the payment of money shall be filed against the Facilities, or any portion thereof, by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Concessionaire, or for or by reason of any change, alteration or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire shall within thirty (30) days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the Concessionaire, and shall also defend on behalf of the City, at the Concessionaire’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, liens, or orders. 16.1.2 The Concessionaire further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration or repair of the Facilities without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities or any of the appurtenances, equipment, machinery or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities or the items furnished by the Concessionaire, and the Concessionaire hereby agree that before any work shall begin or material be furnished it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms or corporations furnishing labor, material or service for the construction, repairing, reconstruction or the making of the alterations or additions to any of the Facilities shall have any lien upon the Facilities or any part or portion thereof.

OTHER LIENS AND ENCUMBRANCES. 16.1.1 15.1.1. If any mechanics’ liens or other liens or orders for the payment of money shall be filed against the Facilities, or any portion thereof, by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Concessionaire, or for or by reason of any change, alteration or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire shall within thirty (30) 30 days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the Concessionaire, and shall also defend on behalf of the City, at the Concessionaire’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, liens, or orders. 16.1.2 15.1.2. The Concessionaire further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration or repair of the Facilities without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities or any of the appurtenances, equipment, machinery or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities or the items furnished by the Concessionaire, and the Concessionaire hereby agree that before any work shall begin or material be furnished it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms or corporations furnishing labor, material or service for the construction, repairing, reconstruction or the making of the alterations or additions to any of the Facilities shall have any lien upon the Facilities or any part or portion thereof.

OTHER LIENS AND ENCUMBRANCES. 16.1.1 15.1.1 A lien cannot be placed on public real property. If any mechanics’ liens or other liens or orders for the payment of money shall be filed against the Facilities, or any portion thereof, (i) by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the ConcessionaireParking Operator, or (ii) for or by reason of any change, alteration alteration, or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire then Parking Operator shall within thirty (30) 30 days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the ConcessionaireParking Operator, and shall also defend on behalf of the City, at the Concessionaire’s Parking Operator's sole cost and expense, any action, suit suit, or proceeding which may be brought thereon or for the enforcement of such lien, liens, or orders. 16.1.2 The Concessionaire 15.1.2 Parking Operator further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration alteration, or repair of the Facilities without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities or any of the appurtenances, equipment, machinery machinery, or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms firms, or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms firms, or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities or the items furnished by the ConcessionaireParking Operator, and the Concessionaire Parking Operator hereby agree agrees that before any work shall begin or material be furnished it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire Parking Operator shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms firms, or corporations furnishing labor, material material, or service for the construction, repairing, reconstruction reconstruction, or the making of the alterations or additions to any of the Facilities shall have any lien upon the Facilities or any part or portion thereof.

OTHER LIENS AND ENCUMBRANCES. 16.1.1 15.1.1. If any mechanics’ liens or other liens or orders for the payment of money shall be filed against the Facilities, or any portion thereof, by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Concessionaire, or for or by reason of any change, alteration or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire shall within thirty (30) 30 days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the Concessionaire, and shall also defend on behalf of the City, at the Concessionaire’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, liens, or orders. 16.1.2 15.1.2. The Concessionaire further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration or repair of the Facilities without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities or any of the appurtenances, equipment, machinery or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities or the items furnished by the Concessionaire, and the Concessionaire hereby agree that before any work shall begin or material be furnished it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms or corporations furnishing labor, material or service for the construction, repairing, reconstruction or the making of the alterations or additions to any of the Facilities shall have any lien upon the Facilities or any part or portion thereof.be

OTHER LIENS AND ENCUMBRANCES. 16.1.1 12.1.1 If any mechanics’ ' liens or other liens or orders for the payment of money shall be filed against the Facilitiescounter spaces, or any portion thereof, by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Concessionaire, or for or by reason of any change, alteration or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire shall within thirty (30) days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the Concessionaire, and shall also defend on behalf of the City, at the Concessionaire’s 's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, lienslien(s), or orders. 16.1.2 12.1.2 The Concessionaire further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration or repair of the Facilities counter spaces without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities such spaces or any of the appurtenances, equipment, machinery or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities such spaces or the items furnished by the Concessionaire, and the Concessionaire hereby agree that before any work shall begin or material be furnished furnished, it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms or corporations furnishing labor, material or service for the construction, repairing, reconstruction or the making of the alterations or additions to any of the Facilities such spaces shall have any lien upon the Facilities such spaces or any part or portion thereof.

OTHER LIENS AND ENCUMBRANCES. 16.1.1 13.1.1 If any mechanics’ ' liens or other liens or orders for the payment of money shall be filed against the Facilities, spaces set forth in Exhibit “A” or any portion thereof, by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Concessionaire, or for or by reason of any change, alteration or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire shall within thirty (30) days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the Concessionaire, and shall also defend on behalf of the City, at the Concessionaire’s 's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, lienslien(s), or orders. 16.1.2 13.1.2 The Concessionaire further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration or repair of the Facilities spaces set forth in Exhibits “A” or “B” without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities such spaces or any of the appurtenances, equipment, machinery or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities such spaces or the items furnished by the Concessionaire, and the Concessionaire hereby agree that before any work shall begin or material be furnished furnished, it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms or corporations furnishing labor, material or service for the construction, repairing, reconstruction or the making of the alterations or additions to any of the Facilities such spaces shall have any lien upon the Facilities such spaces or any part or portion thereof.

OTHER LIENS AND ENCUMBRANCES. 16.1.1 15.1.1 If any mechanics’ ' liens or other liens or orders for the payment of money shall be filed against the Facilities, or any portion thereof, by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Concessionaire, or for or by reason of any change, alteration or addition or the cost or expense thereof, or any contract relating thereto, or against the City as owner thereof, the Concessionaire shall within thirty (30) 30 days cause the same to be canceled and discharged of record, by bond or otherwise at the election and expense of the Concessionaire, and shall also defend on behalf of the City, at the Concessionaire’s 's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, liens, or orders. 16.1.2 15.1.2 The Concessionaire further covenants and agrees that it will not make any contract or agreement, either oral or written, for the construction, alteration or repair of the Facilities without providing in such contract or agreement that no lien or claim shall thereby be created or arise or be filed or maintained by anyone thereunder upon or against the Facilities or any of the appurtenances, equipment, machinery or fixtures thereon or therein, and without procuring from the architect, engineer, contractor or contractors, materialmen, mechanics, persons, firms or corporations named in any such contract or agreement, a written waiver of all right of lien which said architect, engineer, contractors, materialmen, mechanics, persons, firms or corporations might otherwise have or claim upon the estate or interest of the City in the Facilities or the items furnished by the Concessionaire, and the Concessionaire hereby agree that before any work shall begin or material be furnished it will exhibit and cause to be delivered to the Director said original waiver or waivers of lien, and the Concessionaire shall, upon written demand from the Director, stop any and all work and delivery of materials therefor if such waivers of lien are not delivered as herein provided, and it is expressly understood and agreed, and notice is hereby given, that no persons, firms or corporations furnishing labor, material or service for the construction, repairing, reconstruction or the making of the alterations or additions to any of the Facilities shall have any lien upon the Facilities or any part or portion thereof.