Common use of Liens and Claims Clause in Contracts

Liens and Claims. Supplier shall indemnify and hold harmless System Owner, Host Customer, and Lenders and defend each of them from all liens and claims filed or asserted by Supplier’s Subcontractors or other third parties claiming under Supplier against System Owner, the Host Customer, the System or the Premises for services performed or materials and equipment furnished to or by Supplier or its Subcontractors by such third parties, and from all Claims arising out of all such liens or claims. Supplier shall, at no cost to System Owner or Host Customer, promptly release, discharge or otherwise remove any such lien or claim by bonding, payment or otherwise and shall notify System Owner of such discharge, release or removal. If Supplier does not timely cause any such lien or claim to be discharged, released or otherwise removed by payment or bonding or other method approved in advance by System Owner, System Owner shall have the right (but not the obligation) to pay all sums necessary to obtain releases and discharges (including the settlement of any lien or claim). In such event, System Owner shall have the right to deduct all amounts so paid (plus reasonable attorneys’ fees) from amounts due Supplier hereunder; and upon reasonable demand by System Owner, Supplier shall reimburse System Owner for such amounts not deducted. Supplier shall use commercially reasonable efforts to cause its Major Subcontractors to execute an indemnification agreement in favor of the Indemnitees in substantially the same form as this Section 13.2 prior to the start of their performance hereunder.

Appears in 3 contracts

Samples: Solar System Installation Agreement (CBD Energy LTD), Solar System Installation Agreement (CBD Energy LTD), Solar System Installation Agreement (CBD Energy LTD)

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