Common use of Against Encumbrances Clause in Contracts

Against Encumbrances. The District will pay or cause to be paid when due all sums of money that may become due or purporting to be due for any labor, services, materials, supplies or equipment furnished, or alleged to have been furnished, to or for the District in, upon, about or relating to the Solid Waste System and will keep the Solid Waste System free of any and all liens against any portion of the Solid Waste System. In the event any such lien attaches to or is filed against any portion of the Solid Waste System, the District will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due, except that if the District desires to contest any such lien it may do so. If any such lien shall be reduced to final judgment and such judgment or any process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and such stay thereafter expires, the District will forthwith pay or cause to be paid and discharged such judgment. The District will, to the maximum extent permitted by law, indemnify and hold the Authority and the Trustee harmless from, and defend each of them against, any claim, demand, loss, damage, liability or expense (including attorneys’ fees) as a result of any such lien or claim of lien against any portion of the Solid Waste System. The District may pledge, encumber or otherwise secure its obligations with the Net Revenues, provided, that in all instances any such pledge, lien or security satisfies the requirements of Section 4.01 or is wholly subordinate and junior to the obligations of the District contained herein, particularly Section 3.02.

Appears in 1 contract

Sources: Integrated Waste Management System Improvement Agreement

Against Encumbrances. The District City will pay or cause to be paid when due all sums of money that may become due or purporting to be due for any labor, services, materials, supplies supplies, or equipment furnished, or alleged to have been furnished, to or for the District in, upon, about City payable from the Tax Revenues or relating to which may impair the Solid Waste System security for the 2021 Installment Sale Payments and will keep the Solid Waste System Tax Revenues free of any and all liens against any portion of the Solid Waste SystemTax Revenues. In the event any such lien attaches to or is filed against any portion of the Solid Waste SystemTax Revenues, the District City will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due, except that if the District City desires to contest any such lien it may do so. If any such lien shall be reduced to final judgment and such judgment or any process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and such stay thereafter expires, the District City will forthwith pay or cause to be paid and discharged such judgment. The District City will, to the maximum extent permitted by law, indemnify and hold the Authority and the Trustee harmless from, and defend each of them against, any claim, demand, loss, damage, liability liability, or expense (including attorneys’ fees) as a result of any such lien or claim of lien against any portion of the Solid Waste SystemTax Revenues. The District Notwithstanding the foregoing, the City may pledge, encumber encumber, or otherwise secure its obligations with the Net Tax Revenues, providedprovided that, that except as permitted by Section 4.01 hereof, in all instances any such pledge, lien lien, or security satisfies the requirements of Section 4.01 or is wholly subordinate and junior to the obligations of the District City contained herein, particularly Section 3.02.

Appears in 1 contract

Sources: Installment Sale Agreement

Against Encumbrances. The District Local Agency will pay or cause to be paid when due all sums of money that may become due or purporting to be due for any labor, services, materials, supplies or equipment furnished, or alleged to have been furnished, to or for the District in, upon, about Local Agency payable from the Revenues or relating to which may impair the Solid Waste System security for the 2020 Installment Sale Payments and will keep the Solid Waste System Revenues free of any and all liens against any portion of the Solid Waste SystemRevenues. In the event any such lien attaches to or is filed against any portion of the Solid Waste SystemRevenues, the District Local Agency will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due, except that if the District Local Agency desires to contest any such lien it may do so. If any such lien shall be reduced to final judgment and such judgment or any process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and such stay thereafter expires, the District Local Agency will forthwith pay or cause to be paid and discharged such judgment. The District Local Agency will, to the maximum extent permitted by law, indemnify and hold the Authority and the Trustee harmless from, and defend each of them against, any claim, demand, loss, damage, liability or expense (including attorneys’ fees) as a result of any such lien or claim of lien against any portion of the Solid Waste SystemRevenues. The District Local Agency may pledge, encumber or otherwise secure its obligations with the Net Revenues, provided, that except as permitted by Section 4.01 hereof, in all instances any such pledge, lien or security satisfies the requirements of Section 4.01 or is wholly subordinate and junior to the obligations of the District Local Agency contained herein, particularly Section 3.02.

Appears in 1 contract

Sources: Installment Sale Agreement