Abandonment of PV System. If the PV System or any portion thereof remains on the Premises after the passage of one hundred twenty (120) days following the end of the Term (or such other shorter time period for removal as may be provided in this Agreement), the PV System may, at the option of User, be deemed to have been abandoned, and title to the PV System shall automatically vest in the User or its assignee, without the necessity of any deed, conveyance, xxxx of sale or other written instrument transferring title. In the event User deems the PV System abandoned pursuant to this Section 4.12, Contractor shall be obligated to provide User with necessary funds to fully cover the cost of decommissioning the PV System and restoring the Premises to its original condition, normal wear and tear excluded.
Abandonment of PV System. Notwithstanding anything to the contrary contained in this Agreement, any waiver in whole or in part of the requirement to remove the PV System shall require the written approval of Host. Any of the PV System left on the Premises after the passage of one hundred twenty (120) days after the Termination Date shall be deemed abandoned. Host shall provide written notice to CVEC within thirty (30) days of the expiration of such one hundred twenty (120) day period, of its election to retain all or any of the PV System as its property, or dispose of all or any of the PV System in such reasonable manner as Host may see fit and at CVEC’s sole cost; provided, however, that Host’s election to retain all or any portion of the PV System as its property shall relieve CVEC from any liability for its failure to remove such PV System; and provided further, however, that the foregoing shall not apply to any portion of the PV System that is not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Host (in which event, in either case the time period for removal shall be extended on a day for day basis).
Abandonment of PV System. Notwithstanding anything to the contrary contained in this Agreement, any waiver in whole or in part of the requirement to remove the PV System shall require the written approval of Host Town. Any of the PV System left on the Rooftop Space on the Premises after the passage of one hundred twenty (120) days after the Termination Date shall be deemed abandoned. Host Town shall provide written notice to the Cooperative within thirty (30) days of the expiration of such one hundred twenty (120) day period, of its election to retain all or any of the PV System as its property, or dispose of all or any of the PV System in such reasonable manner as Host Town may see fit and at Cooperative’s sole cost; provided, however, that Host Town’s election to retain all or any portion of the PV System as its property shall relieve Cooperative from any liability for its failure to remove such PV System; and provided further, however, that the foregoing shall not apply to any portion of the PV System that is not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Host Town (in which event, in either case the time period for removal shall be extended on a day for day basis).
Abandonment of PV System. If the PV System or any portion thereof remains on the Premises after the passage of one hundred twenty (120) days following the end of the Term (or such other shorter time period for removal as may be provided in this Agreement), the PV System may, at the option of CVEC, be deemed to have been abandoned, and title to the PV System shall automatically vest in CVEC and or its assignee, without the necessity of any deed, conveyance, bill of sale or other written instrument transferring title. In the event CVEC deems the PV System abandoned pursuant to this Section 3.15, Developer shall be obligated to provide CVEC with necessary funds to fully cover the cost of decommissioning the PV System and restoring the Premises to its original condition, normal wear and tear excluded.
Abandonment of PV System. Notwithstanding anything to the contrary contained in this Agreement, any waiver in whole or in part of the requirement to remove the PV System shall require the written approval of Host. Any of the PV System left on the Premises after the passage of one hundred twenty (120) days after the Termination Date shall be deemed abandoned. Host shall provide written notice to the Developer within thirty (30) days of the expiration of such one hundred twenty (120) day period, of its election to retain all or any of the PV System as its property, or dispose of all or any of the PV System in such reasonable manner as Host may see fit and at Developer’s sole cost; provided, however, that Host’s election to retain the PV System as its property shall relieve Developer from any liability for its failure to remove such PV System; and provided further, however, that the foregoing shall not apply to any of the PV System that is not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Host (in which in either case the time period for removal shall be extended on a day for day basis).
