Common use of Disposal; Right of First Refusal Clause in Contracts

Disposal; Right of First Refusal. (a) In the event that Buyer decides to scrap, abandon or otherwise dispose of any Bloom System, Buyer shall notify Seller and Seller shall have the right but not the obligation to obtain title to the Bloom System and remove the Bloom System at Seller’s cost; provided, however, that Seller will not be responsible for remediation of the Site in which the Bloom System was located.

Appears in 10 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Master Energy Server Purchase (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

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Disposal; Right of First Refusal. (a) In Except as set forth in Section 14.4, in the event that Buyer decides to scrap, abandon or otherwise dispose of any Bloom System, Buyer shall notify Seller and Seller shall have the right but not the obligation to obtain title to the Bloom System and remove the Bloom System at Seller’s cost; provided, however, that Seller will not be responsible for remediation of the Site in which the Bloom System was located.

Appears in 4 contracts

Samples: First Amended (Bloom Energy Corp), First Amended (Bloom Energy Corp), First Amended (Bloom Energy Corp)

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Disposal; Right of First Refusal. (a) In Except as set forth in Section 12.4 of this Agreement and Section 11.9 of the MOMA, in the event that Buyer decides to scrap, abandon or otherwise dispose of any Bloom System, Buyer shall notify Seller and Seller shall have the right but not the obligation to obtain title to the Bloom System and remove the Bloom System at Seller’s cost; provided, however, that Seller will not be responsible for remediation of the Site in which the Bloom System was located.

Appears in 1 contract

Samples: Supply and Installation Agreement (Bloom Energy Corp)

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