Protection Against Claims. (a) The Company shall promptly discharge or cause to be discharged any mechanics' or materialmen's liens or claims of lien filed or otherwise asserted against the Property, the Project or any funds due the Contractor and any proceedings for the enforcement thereof and shall promptly discharge or cause to be discharged any stop notices received by the Bank the Issuer, or the Trustee; provided, however, that so long as no proceedings shall have been commenced for the enforcement of such claims or liens, the Company shall have the right to contest in good faith and with reasonable diligence the validity of any such liens or claims upon furnishing to the Title Company such security or indemnity as the latter may require to induce it to issue its Title Policies, or an interim endorsement thereto, insuring against all such claims or liens and, provided further, that the Bank shall not be required to consent to any further Disbursements until all such mechanics' or materialmen's liens or claims of lien have been so insured against by the Title Company to the Bank's satisfaction. In the case of stop notices, the Company shall have the right to contest, in good faith and with reasonable diligence, the validity of any stop notice, provided that the Company shall immediately file with the Bank and the
Protection Against Claims. 12 a. The Parties acknowledge and agree that the payment to be made by the 13 United States pursuant to this Agreement represent a good faith compromise of disputed claims held 14 by City of Lincoln and that the compromise represents a fair, reasonable, and equitable discharge of 15 the Matters Addressed in this Agreement. With regard to any claims for costs, damages, or other 16 claims against the United States for Matters Addressed in this Agreement, the United States is 17 entitled to, as of the Effective Date and provided that the United States makes the payment to City 18 of Xxxxxxx pursuant to Paragraph 7.a. of this Agreement, contribution protection pursuant to section 19 113(f) of CERCLA, 42 U.S.C. § 9613(f), the Uniform Comparative Fault Act, and any other 20 applicable provision of federal or state law, whether by statute or common law, extinguishing the 21 United States’ liability to persons not party to this Agreement. Except as specifically provided 22 herein, the United States reserves all its rights to obtain contribution, or otherwise recover costs or 23 damages, from persons not party to this Agreement, and any such rights are preserved.
Protection Against Claims. Subject to the right of NRHA to contest in good faith any claim, demand, levy or assessment by a third party, NRHA agrees to fully pay and discharge all claims for labor done and material and services furnished in connection with the construction and the improvements and to take all other steps to forestall the assertion of claims against the Single Family Lots or any part thereof or right or interest appurtenant thereto.
Protection Against Claims. The Parties acknowledge and agree that the payments made by the County pursuant to this Agreement represent a good faith compromise of disputed claims and that the compromise represents a fair, reasonable, and equitable discharge of activities required under the 2010 and 2015 Agreed Orders. The School District thus hereby releases, discharges, covenants and agrees not to assert against the County any and all claims, including without limitation, all claims, debts, actions, damages and costs, contribution or otherwise, of any and all types, which it may have, or hereafter have arising out of the 2010 Agreed Order, CAP, 2015 Agreed Order, 2015 Agreed Order Plans, and Environmental Covenants that are covered by this Agreement. Provided, however, this release does not include potential claims by the School District against the County in the event Ecology issues either an amendment to the 2015 Agreed Order or a new Agreed Order based solely on contamination, whether or not identified in the CAP, that presents a previously unknown threat to human health or the environment and which requires additional remediation beyond what is already required in the CAP, 2015 Agreed Order, 2015 Agreed Order Plans, or Environmental Covenants, and which is attributable to the County’s former ownership or operation at the Site. With regard to any claims or potential claims for costs, damages or other claims against the County, the County is entitled to, as of the effective date of this Agreement, contribution protection pursuant to RCW 70.105D.080 and any other applicable provision of federal or state law, whether by statute or common law, extinguishing the County’s liability to persons not a party to this Agreement for Remediation Costs. Any rights the County may have to obtain contribution or otherwise recover costs or damages from persons not a party to this Agreement are preserved.
