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. (b) Except as set forth in Section 2.4, in the event that Buyer desires to sell or otherwise transfer title to any Bloom System to a transferee other than a PPA Customer pursuant to a PPA or to Buyer’s Lender or its designee (or any assignee of (or purchaser in foreclosure from) Buyer’s Lender) in connection with Buyer’s Lender’s exercise of its security interest in such Bloom System, Buyer shall notify Seller and Seller shall have the right of first refusal to purchase or acquire the Bloom System on the same terms and conditions of such sale. In the event that Seller exercises such right of first refusal, Seller shall, promptly following payment of the purchase price of such Bloom System, remove the Bloom System at Seller’s cost, including the remediation of the Site in which the Bloom System was located in accordance with the terms of the applicable Site Lease.

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. (b) Except as set forth in Section 2.4, in the event that Buyer desires to sell or otherwise transfer title to any Bloom System to a transferee other than a PPA Customer pursuant to a PPA or to Buyer’s Lender Lenders or its their designee (or any assignee of (or purchaser in foreclosure from) Buyer’s LenderLenders) in connection with Buyer’s Lender’s Lenders’ exercise of its their security interest in such Bloom System, Buyer shall notify Seller and Seller shall have the right of first refusal to purchase or acquire the Bloom System on the same terms and conditions of such sale. In the event that Seller exercises such right of first refusal, Seller shall, promptly following payment of the purchase price of such Bloom System, remove the Bloom System at Seller’s cost, including the remediation of the Site in which the Bloom System was located in accordance with the terms of the applicable PPA and/or Site Lease.

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. (b) Except as set forth in Section 2.4, in the event that Buyer desires decides to sell or otherwise transfer title to any Bloom System to a transferee other than a PPA Customer pursuant to a PPA or to Buyer’s Lender or its designee (or any assignee of (or purchaser in foreclosure from) Buyer’s Lender) in connection with Buyer’s Lender’s exercise of its security interest in such Bloom SystemPPA, Buyer shall notify Seller and Seller shall have the right of first refusal to purchase or acquire the Bloom System on the same terms and conditions of such sale. In the event that Seller exercises such right of first refusal, Seller shall, promptly following payment of the purchase price of such Bloom System, remove the Bloom System at Seller’s cost, including the remediation of the Site in which the Bloom System was located in accordance with the terms of the applicable Site Lease.

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. (b) Except as set forth in Section 2.4, in the event that Buyer desires decides to sell or otherwise transfer title to any Bloom System to a transferee other than a PPA Customer pursuant to a PPA or to Buyer’s Lender or its designee (or any assignee of (or purchaser in foreclosure from) Buyer’s Lender) in connection with Buyer’s Lender’s exercise of its security interest in such Bloom System, Buyer shall notify Seller and Seller shall have the right of first refusal to purchase or acquire the Bloom System on the same terms and conditions of such sale. In the event that Seller exercises such right of first refusal, Seller shall, promptly following payment of the purchase price of such Bloom System, remove the Bloom System at Seller’s cost, including the remediation of the Site in which the Bloom System was located in accordance with the terms of the applicable Site Lease.

Disposal; Right of First Refusal. (a) In Except as set forth in Section 12.4, Section 11.9 of the MOMA, or in connection with a repurchase of an Existing System pursuant to the Existing System Repurchase Agreement, 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. (b) Except as set forth in Section 2.412.4 or in connection with a repurchase of an Existing System pursuant to the Existing System Repurchase Agreement, in the event that Buyer desires or its Affiliates desire to sell or otherwise transfer title to any Bloom System to a transferee other than a PPA Customer pursuant to a PPA or to an Affiliate of Buyer’s Lender or its designee (or any assignee of (or purchaser in foreclosure from) Buyer’s Lender) in connection with Buyer’s Lender’s exercise of its security interest in such Bloom System, Buyer shall notify Seller and Seller shall have the right of first refusal to purchase or acquire the Bloom System on the same terms and conditions of such sale. In the event that Seller exercises such right of first refusal, Seller shall, promptly following payment of the purchase price of such Bloom System, remove the Bloom System at Seller’s cost, including the remediation of the Site in which the Bloom System was located in accordance with the terms of the applicable Site Lease.