Common use of Lien Indemnity Clause in Contracts

Lien Indemnity. The Seller shall indemnify, defend and hold harmless the Buyer, its Affiliates, and its and their officers, employees, agents, Financing Parties and contractors (other than the Seller) against any and all liens filed in connection with performance of the Work under this Contract (including, without limitation, attorneys’ fees and expenses incurred in discharging such liens or similar encumbrances). If the Seller fails to immediately discharge any lien or similar encumbrance upon any Project or any part thereof, or any other property of the Seller, or property where such Project is located, or any Equipment or Services for which the Seller is responsible hereunder, the Seller shall satisfy or defend any such lien or similar encumbrance; provided, however, that the Seller shall have the right to submit a bond satisfactory to the Buyer and the Financing Parties in the amount of any such lien or encumbrance if the Seller, despite its commercially reasonable efforts, has been unable to obtain discharge hereof; and provided, further, that the Buyer shall not be required to accept any such bond in lieu of discharge at or after the Final Acceptance. If the Seller does not promptly satisfy such lien or similar encumbrance (or, where permitted, fails to provide the Buyer a bond in lieu thereof), the Buyer shall have the right, at its option and after notice to the Seller, to post a bond or pay or settle such lien or similar encumbrance by bond or agreement, and the Seller shall within ten (10) days after request of the Buyer, reimburse the Buyer for all direct costs incurred by the Buyer to post such bond, discharge such lien or similar encumbrance and/or pursue any other remedies, including administrative costs, attorney’s fees and other direct expenses.

Appears in 10 contracts

Samples: And Related Services (Noble Environmental Power LLC), Confidential Treatment (Noble Environmental Power LLC), This Agreement (Noble Environmental Power LLC)

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Lien Indemnity. The Seller Contractor shall indemnify, defend indemnify and hold harmless the Buyer, its Affiliates, Company and its defend Company from each and their officers, employees, agents, Financing Parties and contractors (other than the Seller) against any and all liens every lien filed in connection with the performance of the Work under this Contract (includingServices and supply of the New Program Parts, without limitationMiscellaneous Hardware and Shop Repairs, attorneys’ including all expenses and reasonable attorney's fees and expenses incurred in discharging such liens lien or similar encumbrances)encumbrance to the extent required payments have been made under this Agreement. If the Seller Contractor fails to immediately discharge any lien or similar encumbrance upon a Facility or Facility Site, any Project portion thereof or any part thereofNew Program Parts, Miscellaneous Hardware, Shop Repairs or any other property of the Seller, or property where such Project is located, or any Equipment or Services materials encompassed therein for which the Seller Contractor is responsible hereunder, the Seller Contractor shall satisfy or defend any such lien or similar encumbrance; provided, however, that the Seller Contractor shall have the right to submit a bond satisfactory to the Buyer and the Financing Parties Company in the amount of any such lien or encumbrance if the SellerContractor, despite its commercially reasonable best efforts, has been unable to obtain discharge hereofthereof; and provided, further, provided further that the Buyer Company shall not be required to accept any such bond in lieu of discharge at or after the Final Acceptanceend of the Term hereof. If the Seller Contractor does not promptly satisfy such lien or similar encumbrance (or, where permitted, fails to provide the Buyer Company a bond in lieu thereof), the Buyer Company shall have the right, at its option and after notice to the SellerContractor, to post a bond or pay or settle such lien or similar encumbrance by bond or agreement, and the Seller Contractor shall within ten five (105) days after of request of the BuyerCompany, reimburse the Buyer Company for all direct costs incurred by the Buyer to post Company in posting such bond, discharge bond or discharging such lien or similar encumbrance encumbrance, including administrative costs, attorneys' fees and other expenses and/or pursue any other remedies, including administrative costs, attorney’s fees and other direct expenses.. 11.6

Appears in 1 contract

Samples: Master Maintenance Services Agreement

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Lien Indemnity. The Seller Contractor shall indemnify, defend indemnify and hold harmless the Buyer, its Affiliates, Company and its defend Company from each and their officers, employees, agents, Financing Parties and contractors (other than the Seller) against any and all liens every lien filed in connection with the performance of the Work under this Contract (includingServices and supply of the New Program Parts, without limitationMiscellaneous Hardware and Shop Repairs, attorneys’ including all expenses and reasonable attorney's fees and expenses incurred in discharging such liens lien or similar encumbrances)encumbrance to the extent required payments have been made under this Agreement. If the Seller Contractor fails to immediately discharge any lien or similar encumbrance upon a Facility or Facility Site, any Project portion thereof or any part thereofNew Program Parts, Miscellaneous Hardware, Shop Repairs or any other property of the Seller, or property where such Project is located, or any Equipment or Services materials encompassed therein for which the Seller Contractor is responsible hereunder, the Seller Contractor shall satisfy or defend any such lien or similar encumbrance; provided, however, that the Seller Contractor shall have the right to submit a bond satisfactory to the Buyer and the Financing Parties Company in the amount of any such lien or encumbrance if the SellerContractor, despite its commercially reasonable best efforts, has been unable to obtain discharge hereofthereof; and provided, further, provided further that the Buyer Company shall not be required to accept any such bond in lieu of discharge at or after the Final Acceptanceend of the Term hereof. If the Seller Contractor does not promptly satisfy such lien or similar encumbrance (or, where permitted, fails to provide the Buyer Company a bond in lieu thereof), the Buyer Company shall have the right, at its option and after notice to the SellerContractor, to post a bond or pay or settle such lien or similar encumbrance by bond or agreement, and the Seller Contractor shall within ten five (105) days after of request of the BuyerCompany, reimburse the Buyer Company for all direct costs incurred by the Buyer to post Company in posting such bond, discharge bond or discharging such lien or similar encumbrance encumbrance, including administrative costs, attorneys' fees and other expenses and/or pursue any other remedies, including administrative costs, attorney’s fees and other direct expenses.

Appears in 1 contract

Samples: Master Maintenance Services Agreement Base Contract (Delta Energy Center, LLC)

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