Common use of Payment Claim Indemnification Clause in Contracts

Payment Claim Indemnification. To the extent Design-Builder has received payment for the Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any claims or mechanic’s liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such claim or lien, including, if necessary, the furnishing of a mechanic’s xxxx xxxx. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys’ fees.

Appears in 5 contracts

Samples: License Agreement (ASAlliances Biofuels, LLC), License Agreement (Advanced BioEnergy, LLC), License Agreement (ASAlliances Biofuels, LLC)

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Payment Claim Indemnification. To the extent 7.3.1 Providing that Owner is not in breach of its contractual obligation to make payments to Design-Builder has received payment for the Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any claims or mechanic’s 's liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s 's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such said claim or lien, including, if necessary, the furnishing of a mechanic’s 's xxxx xxxx. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys' fees.

Appears in 3 contracts

Samples: License Agreement (Aventine Renewable Energy Holdings Inc), License Agreement (Aventine Renewable Energy Holdings Inc), Husker Ag Processing LLC

Payment Claim Indemnification. To the extent Design-Builder has received payment for the Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any claims or mechanic’s liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such claim or lien, including, if necessary, the furnishing of a mechanic’s xxxx lxxx xxxx. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys’ fees.

Appears in 2 contracts

Samples: License Agreement (Siouxland Ethanol, LLC), License Agreement (Advanced BioEnergy, LLC)

Payment Claim Indemnification. To the extent Design-Builder has received payment for the Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any claims or mechanic’s 's liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s 's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such claim or lien, including, if necessary, the furnishing of a mechanic’s 's xxxx xxxx. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys' fees.

Appears in 2 contracts

Samples: License Agreement (Green Plains Renewable Energy, Inc.), License Agreement (Green Plains Renewable Energy, Inc.)

Payment Claim Indemnification. To the extent 7.3.1 Providing that Owner is not in breach of its contractual obligation to make payments to Design-Builder has received payment for the Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any claims or mechanic’s liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such said claim or lien, including, if necessary, the furnishing of a mechanic’s xxxx xxxx. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys’ fees.

Appears in 2 contracts

Samples: Design Build Contract, Agreement (Golden Grain Energy)

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Payment Claim Indemnification. To the extent Design-Builder has received payment for the Work, . Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any claims or mechanic’s 's liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s 's lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such claim or lien, including, if necessary, the furnishing of a mechanic’s 's xxxx xxxx. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys' fees.

Appears in 2 contracts

Samples: License Agreement (Red Trail Energy, LLC), License Agreement (Red Trail Energy, LLC)

Payment Claim Indemnification. To the extent Providing that Owner is not in breach of its contractual obligation to make payments to Design-/Builder has received payment for the Work, Design-/Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from and against any claims or mechanic’s liens brought against Owner Indemnified Parties or against the Project as a result of the failure of Design-/Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner that such a claim or mechanic’s lien has been filed, Design-/Builder shall commence to take the steps necessary to discharge such said claim or lien, including, if necessary, the furnishing of a mechanic’s xxxx xxxx. If Design-/Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-/Builder liable for costs and expenses incurred, including attorneys’ fees.

Appears in 2 contracts

Samples: Design/Build Agreement, Design/Build Agreement

Payment Claim Indemnification. To the extent Design-Builder has received payment for the Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties Owner/DES from any claims or mechanic’s liens brought against Owner Indemnified Parties Owner/DES or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) business days of receiving written notice from Owner Owner/DES that such a claim or mechanic’s lien has been filed, Design-Builder shall commence to take the steps necessary to discharge such said claim or lien, including, if necessary, the furnishing of a mechanic’s xxxx xxxx. If Design-Builder fails to do so, Owner Owner/DES will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys’ fees.

Appears in 1 contract

Samples: des.wa.gov

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