Contesting Liens. If lessee desires to contest any such lien, it shall notify lessor of its intention to do so within ten (10) days after the filing of such lien. In such case, and provided that lessee shall on demand protect lessor by a good and sufficient surety bond against any such lien and any costs, liability, or damage arising out of such contest, lessee shall not be in default hereunder until thirty (30) days after the final determination of the validity thereof, within which time lessee shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of lessee hereunder. In the event of any such contest, lessee shall protect and indemnify lessor against all loss, expense, and damage resulting therefrom.
Contesting Liens. Except for enforcing the agreed upon priority set forth in sSection 2, neither Lender shall contest the validity, perfection, priority or enforceability of any lien, security interest, or security title granted to the other.
Contesting Liens. Each of the Credit Agent, for itself and on behalf of the Lenders, and the Note Agent, for itself and on behalf of the Senior Noteholders, agrees that it shall not contest the validity, perfection, priority or enforceability of any Lenders' Lien in Lenders' Collateral, in the case of the Note Agent and the Senior Noteholders, or any Senior Noteholders' Lien in Senior Noteholders' Collateral, in the case of the Credit Agent and the Lenders, so long as such Lien is permitted by this Agreement.
Contesting Liens. If Developer desires to contest any such lien as described in Section 8.1, it shall notify the City of its intention to do so within thirty (30) days after the filing of such lien. In such case, Developer, at Developer’s sole cost and expense, shall protect the City by a good and sufficient bond against any such lien and any cost, liability or damage arising out of such contest. The lien, if Developer timely provides the bond described above, shall not be an Developer Event of Default hereunder until thirty (30) days after the final determination of the validity thereof provided that, within that time, Developer shall satisfy and discharge such lien to the extent held valid; provided, however, that the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, or else such delay shall be considered to be a monetary Developer Event of Default hereunder. In the event of any such contest, Developer shall protect and indemnify the City against all loss, expense and damage resulting therefrom as provided in Section 8.3.
Contesting Liens. If JoePC desires to contest any lien upon its right, title and interest in this Lease as described in Section 8.1, JoePC shall notify the City of JoePC’s intention to do so within thirty (30) days after the filing of the lien, and within that same thirty (30) day period, at XxxXX’s sole cost and expense, JoePC shall protect the City by a good and sufficient bond against the lien and any cost, liability or damage arising out of such contest. The lien, if JoePC timely provides the bond described above, shall not be a JoePC Event of Default hereunder until thirty (30) days after the final determination of the validity thereof if, within that time, JoePC shall satisfy and discharge the lien to the extent held valid. The satisfaction and discharge of a lien finally determined to be valid shall not, in any case, be delayed until execution is had on any judgment associated with the lien, or else such delay and failed satisfaction shall be conclusively deemed a monetary JoePC Event of Default hereunder. In the event of any such contest, XxxXX shall protect and indemnify the City against all loss, expense and damage resulting therefrom as provided in Section 8.3.
Contesting Liens. Tenant may contest any lien of the nature set forth in this Section in accordance with Section 10.4, and no default shall be deemed to have occurred hereunder.
Contesting Liens. Neither Lender shall contest the validity, perfection, priority or enforceability of any lien, security interest, or security title granted to the other. [This space intentionally left blank] [Signatures on next page]
Contesting Liens. If Operator desires to contest any lien, Operator must notify the City of its intention to do so within 30 days after the filing of the lien. The lien will not constitute an Operator Event of Default under this Agreement if Operator timely transfers the lien to bond as described above. If the lien is determined to be valid, Operator must satisfy and discharge the lien within 30 days after its validity is determined In the event Operator contests any lien, Operator shall protect and indemnify the City against all loss, expense and damage resulting from the lien contest, in accordance with the indemnification provisions of this Agreement.
Contesting Liens. (a) Borrower shall promptly discharge or cause to be discharged any mechanics’ or materialmen’s liens or claims of lien filed or otherwise asserted against the Premises, the Improvements, the Project or any funds due the General Contractor or any Construction Contractor and any proceedings for the enforcement thereof; provided, however, that Borrower 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 Insurance Policy or an interim endorsement thereto insuring against all such claims or liens and, provided further, that Lender will not be required to make any further disbursements of the Loan until all such mechanics’ or materialmen’s liens or claims of lien shown on the title insurance commitment or any interim endorsement have been so insured against by the Title Company to Lender’s satisfaction.
Contesting Liens. Borrower shall promptly discharge, or cause to be discharged, any liens or claims of lien filed or otherwise asserted in writing against the Collateral other than the Permitted Exceptions. If Borrower fails either to promptly discharge or contest any such liens or claims of lien, then Collateral Agent may, in its sole and absolute discretion, but shall not be required to, procure the release and discharge of any such lien and any judgment or decree thereon, and in furtherance thereof may, in its sole and absolute discretion, effect any settlement or compromise. All amounts expended by Collateral Agent in connection with the provisions of this Section shall be deemed to constitute an Advance under a Loan Agreement. In settling, compromising or arranging for the discharge of any liens under this Section, Collateral Agent shall not be required to establish or confirm the validity or amount of the lien.
