Common use of Representations and Warranties as to Bloom Systems Clause in Contracts

Representations and Warranties as to Bloom Systems. Seller represents and warrants to Buyer as of the Physical Delivery Date for each Bloom System solely with respect to such Bloom System, as follows: Seller has good title to each Bloom System and each such Bloom System is free and clear of all Liens other than Permitted Liens. Neither Seller nor any of its subcontractors have placed any Liens on the Sites or the Facilities other than Permitted Liens. To the extent that Seller has actual knowledge that any of its subcontractors has placed any Lien on a Bloom System, Facility, or Site, then Seller shall cause such Liens to be discharged, or shall provide a bond in an amount and from a surety acceptable to Buyer to protect against such Lien, in each case, within [***] days after Seller is aware of the existence thereof. Seller shall indemnify Buyer and Buyer’s Lender against any such lien claim, provided that if the applicable Site Lease requires additional or more stringent action, Seller shall also indemnify Buyer and Buyer’s Lender for the costs and expenses of such actions.

Representations and Warranties as to Bloom Systems. Seller represents and warrants to Buyer as of the Physical Delivery Date for each Bloom System solely with respect to such Bloom System, as follows: Seller has good title to each Bloom System and each such Bloom System is free and clear of all Liens other than Permitted Liens. Neither Seller nor any of its subcontractors have placed any Liens on the Sites or the Facilities other than Permitted Liens. To the extent that Seller has actual knowledge that any of its subcontractors has placed any Lien on a Bloom System, Facility, or Site, then Seller shall cause such Liens to be discharged, or shall provide a bond in an amount and from a surety acceptable to Buyer to protect against such Lien, in each case, within [***] ([***]) days after Seller is aware of the existence thereof. Seller shall indemnify Buyer and Buyer’s Lender Lenders against any such lien claim, provided that if the applicable Site Lease requires additional or more stringent action, Seller shall also indemnify Buyer and Buyer’s Lender Lenders for the costs and expenses of such actions.

Representations and Warranties as to Bloom Systems. Seller represents and warrants to Buyer as of the Physical Delivery Date for each Bloom System solely with respect to such Bloom System, as follows: Seller has good title to each Bloom System and each such Bloom System is free and clear of all Liens other than Permitted Liens. Neither Seller nor any of its subcontractors have placed any Liens on the Sites or the Facilities other than Permitted Liens. To the extent that Seller has actual knowledge that any of its subcontractors has placed any Lien on a Bloom System, Facility, or Site, then Seller shall cause such Liens to be discharged, or shall provide a bond in an amount and from a surety acceptable to Buyer to protect against such Lien, in each case, within [***] thirty (30) days after Seller is aware of the existence thereof. Seller shall indemnify Buyer and Buyer’s Lender against any such lien claim, provided that if the applicable Site Lease requires additional or more stringent action, Seller shall also indemnify Buyer and Buyer’s Lender for the costs and expenses of such actions.

Representations and Warranties as to Bloom Systems. Seller represents and warrants to Buyer as of the Physical Delivery Date for each Bloom System solely with respect to such Bloom System, as follows: Seller has good title to each Bloom System and each such Bloom System is free and clear of all Liens other than Permitted Liens. Neither Seller nor any of its subcontractors have placed any Liens on the Sites or the Facilities other than Permitted Liens. To the extent that Seller has actual knowledge that any of its subcontractors has placed any Lien on a Bloom System, Facility, or Site, then Seller shall cause such Liens to be discharged, or shall provide a bond in an amount and from a surety acceptable to Buyer to protect against such Lien, in each case, within [***] thirty (30) days after Seller is aware of the existence thereof. Seller shall indemnify Buyer and Buyer’s Lender Lenders against any such lien claim, provided that if the applicable Site Lease requires additional or more stringent action, Seller shall also indemnify Buyer and Buyer’s Lender Lenders for the costs and expenses of such actions.