Common use of Lien Removal Clause in Contracts

Lien Removal. (a) The Contractor will, at its own cost and expense, cause any and all Liens filed or made by a Subcontractor or any other Person against the Job Site or the B▇▇▇, any interest therein, or upon any materials, equipment or structures encompassed therein, or upon the premises upon which they are located, to be released, vacated or discharged no later than thirty (30) days after the earlier of the Owner having sent the Contractor written Notice of any claim of Lien and the Contractor having become aware of a claim for L▇▇▇ except to the extent such Liens are attributable to the non-payment by the Owner of amounts due and payable hereunder or which are attributable to the willful misconduct of the Owner. If the Lien is merely vacated, the Contractor shall, if requested, undertake the Owner’s defence of any subsequent lawsuit commenced in respect of the lien at the Contractor’s sole expense. (b) If the Contractor shall fail to vacate or discharge promptly any proceedings or claim of Lien filed or made by a Subcontractor or any other Person against the Job Site or the B▇▇▇, any interest therein, or upon any materials, equipment or structures encompassed therein, or upon the premises upon which they are located within the period specified in Section 26.1.6(a), the Owner may exercise its rights under the Construction Act (Ontario) to have the claim of Lien vacated by making a payment into court or posting security and may offset the amount of any such payment and all costs and expenses incurred by the Owner in making such payment or posting such security, including administrative costs, legal fees and other expenses, against amounts due or to become due to the Contractor under the Agreement.