Common use of Payment for Labor and Materials Clause in Contracts

Payment for Labor and Materials. Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Labor and Material Costs, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the other Loan Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, and (vi) Borrower shall have furnished the security as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Labor and Material Costs, together with all interest and penalties thereon.

Payment for Labor and Materials. Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property Project and never permit to exist beyond the due date thereof in respect of the Property Project or any part thereof any lien or security interest, even though inferior to the liens and the security interests interest hereof, and in any event never permit to be created or exist in respect of the Property Project or any part thereof any other or additional lien or security interest other than the liens or security interests hereof hereof, except for the Permitted Encumbrances. After Notwithstanding the foregoing, Borrower shall, upon prior written notice to Lender, Borrowerhave the right to contest diligently and in good faith, at its own expense, may contest by appropriate legal proceedingproceedings, promptly initiated any such liens, claims and conducted demands, in good faith and a manner not prejudicial to Lender or Lender’s rights under the Loan Documents. In the event Lender, in its sole discretion, deems such action necessary or appropriate, Borrower shall, within ten (10) days after Lender’s demand therefor, deposit with due diligenceLender a bond or other security satisfactory to Lender in such amount as Lender shall reasonably require, but not more than one hundred fifty percent (150%) of the amount or validity or application in whole or in part of any of the Labor claim, and Material Costsprovided further that Borrower shall thereafter diligently proceed to cause such lien to be removed and discharged. If at the unsuccessful conclusion of such proceedings, provided that (i) no Event of Default has occurred and is continuing under the NoteBorrower shall fail to discharge any such lien, this Security Instrument or any of the other Loan Documentsthen, (ii) Borrower is permitted in addition to do so under the provisions of any other mortgageright or remedy of Lender, deed of trust or deed to secure debt affecting the PropertyLender may, (iii) such proceeding shall suspend the collection of the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and but shall not constitute be obligated to, discharge the same, either by paying the amount claimed to be due, or by procuring the discharge of such lien by depositing in court a default thereunderbond for the amount claimed, (v) neither the Property nor any part thereof or interest therein will be in danger of being soldotherwise giving security for such claim, forfeited, terminated, canceled or lost, and (vi) Borrower shall have furnished the security by taking such action as may be required in the proceeding, or as may be reasonably requested prescribed by Lender to insure the payment of any contested Labor and Material Costs, together with all interest and penalties thereonlaw.

Payment for Labor and Materials. a) Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”"LABOR AND MATERIAL COSTS") incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Labor and Material Costs, provided that (i) no Event of Default has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument or any of the other Loan Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, and (vi) Borrower shall have furnished the security as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Labor and Material Costs, together with all interest and penalties thereon.

Payment for Labor and Materials. (a) Subject to Section 3.6(b) hereof, Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances. 8 (b) After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Labor and Material Costs, provided that (i) no Event of Default has occurred and is continuing under the Loan Agreement, the Note, this Security Instrument or any of the other Loan Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protest, (iv) such proceeding shall not be permitted prohibited under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, and (vi) Borrower shall have furnished the security as may be required in the proceeding, or as may be reasonably requested by Lender Lender, to insure the payment of any contested Labor and Material Costs, together with all interest and penalties thereon.. Section 3.7

Payment for Labor and Materials. Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof hereof, except for the Permitted EncumbrancesExceptions (defined below). After prior written notice to Lender, BorrowerBorrower or, if the Fleming Lease or an Acceptable Replacement Lease is in full force anx xxxxxt, Fleming or an Acceptable Replacement Tenant, as applicable, at its own expenseoxx xxxxnse, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Labor and Material Costssuch lien, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the other Loan Other Security Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Labor and Material Costs such lien from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs such lien under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (viii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled cancelled or lost, and (viiv) Borrower, Fleming or an Acceptable Replacement Tenant shall have deposited witx Xxxxxr adequate reserves, a bond, or other reasonable security for the payment of the lien, together with all interest and penalties thereon, unless Borrower has paid all of the lien under protest, or Borrower or Fleming or an Acceptable Replacement Tenant shall have furnished the security xxxxxxty as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Labor and Material Costs, lien together with all interest and penalties thereon.

Payment for Labor and Materials. Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof hereof, except for (y) the Permitted Encumbrances. After Exceptions (defined below) and (z) the mechanics liens set forth on Schedule 2 attached hereto; provided, however, after prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceedinglegal, administrative or other proceeding promptly initiated and conducted in good faith and with due diligence, the amount or validity or application application, in whole or in part part, of any of the Labor and Material Costs, bill xx cost or lien thereof provided that (ia) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the other Loan Other Security Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iiib) such proceeding shall suspend the collection of thereof from Borrower, Lender and the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protestProperty, (ivc) if required by Lender, and not otherwise deposited with the title company insuring the lien of this Security Instrument or the court having jurisdiction over such proceeding shall be permitted under as required thereby, the deposit with Lender of adequate reserves in an amount not less than Borrower's obligations being contested and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunderadditional interest, charge or penalty arising from such contest, (vc) neither the Property nor any part thereof or interest therein will would be in any danger of being sold, forfeited, terminated, canceled forfeited or lostlost if Borrower pays the amount or satisfies the condition being contested, and Borrower would have the opportunity to so pay or satisfy, and shall do so, if required, in the event of Borrower's failure to prevail in the contest, (vid) in the case of any instrument of record affecting the Property or any part thereof, the contest or failure to perform under any such instrument shall not result in the placing of any lien on the Property or any part thereof unless such lien is bonded by Borrower shall have furnished in an amount not less than the security amount of the lien or such other amount as may be required by Lender and (e) except to the extent Borrower has deposited sufficient security with Lender, neither the failure to pay or perform any obligation which Borrower is permitted to contest under this Section 3.12 nor an adverse determination of any such contest shall result in a material adverse effect on the value or operation of the Property or any part or interest therein. If a negotiated settlement of any tax liability or other claim being contested pursuant to this Section 3.12 has been agreed upon by the applicable parties or a court of competent jurisdiction has issued a non-appealable order determining the amount of the tax liability or claim being contested, Lender shall release any funds held with respect to such tax liability or claim to the applicable taxing authority or claimant, as applicable, and any remaining funds to the Borrower provided that (i) Borrower delivers a certificate from an officer directing Lender to pay the amount specified in the proceedingsettlement or order, in each case with a copy of the settlement or as may be reasonably requested by Lender to insure order attached and (ii) no Event of Default has occurred and is then continuing under the payment of any contested Labor and Material CostsNote, together with all interest and penalties thereonthis Security Instrument or the Other Security Documents.

Payment for Labor and Materials. Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof hereof, except for the Permitted EncumbrancesExceptions (defined below). After prior written notice to Lender, BorrowerBorrower or, at its if the Foster Wheeler Lease or an Acceptable Replacement Lease ix xx xxxx xxxxe and effect, Foster Wheeler or an Acceptable Replacement Tenant, as apxxxxxxxx, xx xts own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Labor and Material Costssuch lien, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the other Loan Other Security Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Labor and Material Costs such lien from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs such lien under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (viii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled cancelled or lost, and (viiv) Borrower, Foster Wheeler or an Acceptable Replacement Tenant shall xxxx xxxxxxxxx with Lender adequate reserves, a bond, or other reasonable security for the payment of the lien, together with all interest and penalties thereon, unless Borrower has paid all of the lien under protest, or Borrower or Foster Wheeler or an Acceptable Replacement Tenant shall have furnished xxxx xxxxxxxxx the security as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Labor and Material Costs, lien together with all interest and penalties thereon.

Payment for Labor and Materials. Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Labor and Material Costs, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the other Loan Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, and (vi) Borrower shall have furnished the security as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Labor and Material Costs, together with all interest and penalties thereon.. 21478-3715/Pacific Current Partners – NC & SC MHC Financing

Payment for Labor and Materials. Except for trade payables in the ordinary course of business which are subject to the provisions of Section 4.3(g) hereof, Borrower will promptly pay when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof (after the expiration of any applicable grace periods) in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for and the Permitted Encumbrances. After Exceptions (defined below); provided, however, after prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceedinglegal, administrative or other proceeding promptly initiated and conducted in good faith and with due diligence, the amount or validity or application application, in whole or in part part, of any of the Labor and Material Costs, bilx xx cost or lien thereof provided that (ia) no if an Event of Default has occurred and is continuing under the Notecontinuing, this Security Instrument or Lender shall consent to any of the other Loan Documentssuch contest (which consent shall not be unreasonably withheld), (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iiib) such proceeding shall suspend the collection of thereof from Borrower, Lender and the Labor and Material Costs from Borrower and from the Property or Borrower shall have paid all of the Labor and Material Costs under protestProperty, (ivc) if required by Lender, and not otherwise deposited with the title company insuring the lien of this Security Instrument or the court having jurisdiction over such proceeding shall be permitted under as required thereby, the deposit with Lender of adequate reserves in an amount not less than Borrower's obligations being contested and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunderadditional interest, charge or penalty arising from such contest, (vd) neither the Property nor any part thereof or interest therein will would be in any imminent danger of being sold, forfeited, terminated, canceled forfeited or lost, and (vie) Borrower shall have furnished the security as may be required in the proceedingcase of any instrument of record affecting the Property or any part thereof, the contest or failure to perform under any such instrument shall not result in the placing of any lien on the Property or any part thereof unless such lien is bonded by Borrower in an amount not less than the amount of the lien or such other amount as may be reasonably requested -required by Lender and (f) except to insure the payment extent Borrower has deposited sufficient security pursuant to clause (c), neither the failure to pay or perform any obligation which Borrower is permitted to contest under this Section 3.12 nor an adverse determination of any such contest shall result in a material adverse effect on the value or operation of the Property or any part or interest therein. If a negotiated settlement of any tax liability or other claim being contested Labor pursuant to this Section 3.12 has been agreed upon by the applicable parties or a court of competent jurisdiction has issued a non-appealable order determining the amount of the tax liability or claim being contested, Lender shall release any funds held with respect to such tax liability or claim to the applicable taxing authority or claimant, as applicable, and Material Costsany remaining funds to the Borrower provided that (i) Borrower delivers a certificate from an officer directing Lender to pay the amount specified in the settlement or order, together in each case with all interest a copy of the -24- 33 settlement or order attached and penalties thereon(ii) no Event of Default has occurred and is then continuing under the Note, this Security Instrument or the Other Security Documents.