Disposition of Facilities Sample Clauses

Disposition of Facilities. If no Default shall have occurred and be continuing beyond any applicable cure period, the Company may sell or otherwise dispose of the Secured Company’s Facilities in the ordinary course of business, but only with the prior written consent of the Counties, which consent may be denied in the sole discretion of each County. Upon such sale or other disposition, the Counties shall execute and deliver to the Company, or to such other person or persons as the Company shall reasonably designate, all termination statements and similar documents prepared by the Company which the Company shall reasonably request to evidence the release of the lien and security interest created hereunder with respect to any such of the Secured Company’s Facilities.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Disposition of Facilities. Subject to the further provisions of this Section 10.6, the disposition of any Initial Facility, Replacement Facility or New Facility (i) after this Agreement has terminated, or (ii) at any time after Freeport has determined that any such Facility is no longer appropriate for the performance of this Agreement, shall be made as Freeport in its sole discretion shall decide. 10.6.1 Should Freeport in its discretion choose to scrap or sell a Facility, Felmont shall bear a proportionate share of (i) the Closure Coat of the Facility, and (ii) any remaining unrecovered cost of the Facility (but excluding the unrecovered cost of any Initial Facility identified on the Existing Facilities Schedule), if any, after taking salvage value (or sales proceeds, as the case may be) into account. In the case of a Replacement Facility or a New Facility such proportionate share shall be the proportionate share determined to be Felmont's proportionate share for purposes of adjusting the Facilities Charge to reflect the addition of such Replacement Facility or New Facility. In the case of an Initial Facility such proportionate share shall be based upon the percentage of utilization of such Initial Facility for the benefit of Felmont Sulphur during the period this Agreement was in effect prior to scrapping or sale, as the case may be; provided, however, that with respect to the Closure Cost, if any, of an Initial Facility, the parties recognize that a portion of such cost may be the result of Freeport's use of the Initial Facility prior to or after performing services under this Agreement and will develop a fair and equitable method or methods for relieving Felmont of responsibility for such portion of such cost. If Freeport has elected to charge Felmont an amount as an accrual for Closure Cost as provided in Section 6.1(i) and Felmont's proportionate share of the actual Closure Cost is more or less than Felmont's proportionate share of the estimated Closure Cost on which the accrual was calculated or the amount actually accrued, then Freeport will develop a fair and equitable method for reimbursing or crediting Felmont for such excess amount accrued for Closure Cost and Felmont shall reimburse Freeport for any under accrual for Closure Cost. 10.6.2 Should Freeport in its discretion sell a Facility (other than an Initial Facility) and the sales proceeds therefrom are greater than the depreciated book value (cost less depreciation), Freeport will develop a fair and equitable method...
Sample 1Sample 2
Disposition of Facilities. If this Agreement is terminated under any circumstances, all Facilities shall remain the property of the State (or if disposed of, the proceeds therefrom) to be used for Fire Protection for the benefit of all assessed forestlands in the District.
Sample 1Sample 2
Disposition of Facilities. In the event this Agreement expires and is not renewed, or revoked or otherwise terminated, as provided herein, the City may in its sole discretion, do any of the following:
Sample 1Sample 2
Disposition of Facilities. 14 Upon termination of this Agreement pursuant to Section 22.4.5 herein, Operator shall have 15 the option either to: (i) retain the Interconnection Facilities and/or the Generating Facility 16 Interconnection Tie Line, and pay to Interconnector the Net Salvage Value thereof, or (ii) 17 remove or cause to be removed the Interconnection Facilities and/or the Generating Facility 18 Interconnection Tie Line, deliver or cause to be delivered the salvageable material and 19 equipment of such facilities to Interconnector, repair or cause to be repaired any damage to 20 the Hassayampa Switchyard caused by such removal, and restore or cause to be restored 21 the site to a clean and neat condition. For purposes of the foregoing, the term “Net Salvage 22 Value” shall mean the fair market value of any salvageable material and equipment that 23 would have been delivered to the Interconnector if the Operator had elected to remove the 1 Interconnection Facilities and/or the Generating Facility Interconnection Tie Line, minus all 2 costs and expenses that would have been incurred in removing such facilities, repairing any 3 damage to the Hassayampa Switchyard, and restoring the site to a clean and neat condition.
Sample 1
Disposition of Facilities. If this agreement is terminated under any circumstances, all Facilities shall remain the property of the State. FORESTLAND PROTECTION AGREEMENT - East Oregon FPA AGENDA ITEM C 7 Attachment 3 Page 7 of 10
Sample 1
Disposition of Facilities. In the event this Agreement expires and is not renewed, or revoked or otherwise terminated, as provided herein, the City may in its sole discretion, do any of the following:‌ 21.4.1 effect a Transfer of ownership of the Telecommunications System, Facilities, Franchisee Poles and related equipment to another Person; 21.4.2 order the removal of the Telecommunications System, Facilities, Franchisee Poles and related equipment from the Right-of-Way within a reasonable period of time. If the City orders the removal of the Telecommunications System, Facilities, Franchisee Poles and related equipment, Franchisee shall remove all of its Telecommunications System, Facilities, Franchisee Poles and related equipment at Franchisee’s expense and under the supervision of the Authorized City Official, and restore the Right-of-Way and all property, public or private, to its original condition prior to the installation of the Telecommunications System, Facilities, Franchisee Poles and related equipment. If all of Franchisee’s Facilities, Franchisee Poles and/or equipment are not removed within one hundred-twenty (120) days after delivery in writing of the City’s order requiring removal, as provided in Section 15 (Removal and Restoration) Franchisee’s System Facilities, Franchisee Poles and related equipment shall be deemed Abandoned and shall, at the option of the City, become the property of the City, as provided in Section 15 (Removal and Restoration). In the event Franchisee fails or refuses to remove its Telecommunications System, Facilities, Franchise Poles and related equipment within such time period, the City, at its option, may perform such Work or cause such Work to be performed, and collect the cost thereof from Franchisee, as provided in Section 15 (Removal and Restoration). The surety on any Performance Bond identified in Section 18 (Performance Bond) of this Agreement shall not be discharged until Franchisee has certified to the City that its Telecommunications System, Facilities, Franchisee Poles and related equipment have been dismantled and removed, and all other property has been restored to reasonable satisfaction of the City. 21.4.3 Notwithstanding the foregoing provisions of this Section 21, Franchisee does not waive any rights it may have pursuant to Applicable Law.
Sample 1
AutoNDA by SimpleDocs
Disposition of Facilities. 12 Upon termination of this Agreement pursuant to Section 22.4.5 herein, Operator shall have 13 the option either to: (i) retain the Interconnection Facilities and/or the Generating Facility 14 Interconnection Tie Line, and pay to Interconnector the Net Salvage Value thereof, or (ii) 15 remove or cause to be removed the Interconnection Facilities and/or the Generating Facility 16 Interconnection Tie Line, deliver or cause to be delivered the salvageable material and 17 equipment of such facilities to Interconnector, repair or cause to be repaired any damage to 18 the Hassayampa Switchyard caused by such removal, and restore or cause to be restored 19 the site to a clean and neat condition. For purposes of the foregoing, the term “Net Salvage
Sample 1
Disposition of Facilities. Nothing contained in this Agreement shall be deemed to prohibit the right of Company or any Facility Operator to sell or otherwise dispose of any Company LTC Facility or New Facility or to assign any lease or a management agreement with respect thereto so long as any such acquiror of such Company LTC Facility or New Facility assumes the liabilities and obligations of this Agreement or any Pre-Existing Provider Agreement, Existing Provider Agreement or New Provider Agreement then in effect. Notwithstanding any provision in the foregoing sentence to the contrary, nothing in this Agreement shall be construed to require Company to operate or continue to operate any Company LTC Facility or New Facility for any length of time, to make any payment under this Agreement to Provider for failure to continue to operate any such facility, or to otherwise be required to deal further with Provider in respect of any facility where the Company's right to operate such facility under lease or management agreement with a third party expires or terminates pursuant to the terms thereof.
Sample 1

Related to Disposition of Facilities

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.

  • Termination of Facilities Declare the principal of and interest on the Loans, the Notes and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations (other than Hedging Obligations), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(j) or (k), the Credit Facility shall be automatically terminated and all Obligations (other than Hedging Obligations) shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or in any other Loan Document to the contrary notwithstanding.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Use of Facilities and Equipment The Association shall have the right to use school facilities and equipment not otherwise in use. Such equipment shall not be removed from the building without permission of the building principal. The individual using the equipment shall be responsible for repair or replacement costs beyond normal wear and tear if the equipment is damaged, stolen, or lost. The Association shall pay for the reasonable cost of all materials and supplies incident to such use. The Association may use school buildings for meetings by arranging such use with the building principals.

  • Maintenance of Facilities 5.1 The Network Customer shall maintain its facilities necessary to reliably receive capacity and energy from the Host Transmission Owner’s transmission system consistent with Good Utility Practice. The Transmission Provider or Host Transmission Owner, as appropriate, may curtail service under this Operating Agreement to limit or prevent damage to generating or transmission facilities caused by the Network Customer’s failure to maintain its facilities in accordance with Good Utility Practice, and the Transmission Provider or Host Transmission Owner may seek as a result any appropriate relief from the Commission. 5.2 The Designated Representatives shall establish procedures to coordinate the maintenance schedules, and return to service, of the generating resources and transmission and substation facilities, to the greatest extent practical, to ensure sufficient transmission resources are available to maintain system reliability and reliability of service. 5.3 The Network Customer shall obtain: (1) concurrence from the Transmission Provider before beginning any scheduled maintenance of facilities which could impact the operation of the Transmission System over which transmission service is administered by Transmission Provider; and (2) clearance from the Transmission Provider when the Network Customer is ready to begin maintenance on a transmission line or substation. The Transmission Provider shall coordinate clearances with the Host Transmission Owner. The Network Customer shall notify the Transmission Provider and the Host Transmission Owner as soon as practical at the time when any unscheduled or forced outages occur and again when such unscheduled or forced outages end.

  • Termination of Facility The Borrowers may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of the outstanding Term Loans, together with accrued interest thereon, and (b) the payment in full in cash of all reimbursable expenses and other Obligations.

  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to: (a) visit and inspect any of the properties of the Company or any of its Subsidiaries; (b) examine the corporate and financial records of the Company or any of its Subsidiaries (unless such examination is not permitted by federal, state or local law or by contract) and make copies thereof or extracts therefrom; and (c) discuss the affairs, finances and accounts of the Company or any of its Subsidiaries with the directors, officers and independent accountants of the Company or any of its Subsidiaries. Notwithstanding the foregoing, neither the Company nor any of its Subsidiaries will provide any material, non-public information to the Purchaser unless the Purchaser signs a confidentiality agreement and otherwise complies with Regulation FD, under the federal securities laws.

  • Use of Facilities 34.1. In situations where the CLEC has the use of the facilities (i.e., local loop) to a specific customer premise, either through resale of local service or the lease of the local loop as an Unbundled Network Element, and Sprint receives a good faith request for service from a customer at the same premise or from another carrier with the appropriate customer authorization, the procedures below will apply. 34.1.1. Sprint will process such orders and provision services consistent with the terms contained in Section 82, of this Agreement. 34.1.2. Where CLEC is using a single facility to provide service to multiple end user customers, Sprint will not disconnect that facility as a result of the following procedures. 34.1.3. Sprint will follow methods prescribed by the FCC and any applicable state regulation for carrier change verification. 34.1.4. Customer with Existing Service Changing Local Service Provider 34.1.4.1. In situations where a CLEC submits an order for an end user customer that is changing local service providers for existing service, and is not adding service (i.e., an additional line), Sprint will process the service request without delay, and provide the losing local service provider a customer loss notification consistent with industry standards. 34.1.5. Customer with Existing Service Adding New Service 34.1.5.1. In situations where an order is submitted for an end user customer adding service to existing service (i.e., an additional line), the order should be marked as an additional line and CLEC’s facilities will not be affected. 34.1.6. Customer Requesting New Service where Previous Customer has Abandoned Service 34.1.6.1. In the case where an end user customer vacates premises without notifying the local service provider and a new end user customer moves into the vacated premises and orders new service from a local service provider neither Sprint nor the previous local service provider are aware that the original end user customer has abandoned the service in place. 34.1.6.2. When a carrier requests service at a location and marks the order as abandoned and CLEC is the previous local service provider, Sprint shall notify CLEC via fax that it has had a request for service at the premise location that is currently being served by CLEC; 34.1.6.3. If available to Sprint, Sprint shall include the name and address of the party receiving service at such locations, but at a minimum shall provide local service address location information; 34.1.7. If CLEC does not respond within twenty-four (24) hours after receiving Sprint’s notification or if CLEC responds relinquishing the facilities, Sprint shall be free to use the facilities in question and Sprint shall issue a disconnect order with respect to the CLEC service at that location. If CLEC responds stating that the service is working and should not be disconnected, Sprint will notify the carrier ordering service and request verification of the address and location or the submission of an order for an additional line.

  • Early Construction of Base Case Facilities Developer may request Connecting Transmission Owner to construct, and Connecting Transmission Owner shall construct, subject to a binding cost allocation agreement reached in accordance with Attachment S to the ISO OATT, including Section 25.8.7 thereof, using Reasonable Efforts to accommodate Developer’s In-Service Date, all or any portion of any System Upgrade Facilities or System Deliverability Upgrades required for Developer to be interconnected to the New York State Transmission System which are included in the Base Case of the Class Year Study for the Developer, and which also are required to be constructed for another Developer, but where such construction is not scheduled to be completed in time to achieve Developer’s In-Service Date.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!