Common use of End of Term Ownership Clause in Contracts

End of Term Ownership. If Lessee proposes to construct Permitted Capital Improvements that are not readily removable or cannot be detached from the Terminal System without adversely affecting the structural integrity or functionality of the Terminal System (each, a “Non-Removable Addition”), Lessee shall provide Lessor written notice thereof. If Lessee proposes to construct Permitted Capital Improvements that are not Non-Removable Additions (each, a “Removable Addition”), Lessee shall provide Lessor written notice thereof. At the end of the Term, (i) all Non-Removable Additions will become the property of Lessor without compensation or reimbursement to Lessee, and (ii) all Removable Additions may be removed by Lessee from the Terminal System unless otherwise agreed by Lessor in writing, and Lessee shall repair any damage to the Leased Property caused by such removal. The transfer of all such property to Lessor at the end of the Term (A) shall, subject to Section 18.1, be made on an AS IS WHERE IS basis, without any express or implied warranties from Lessee other than special warranties of title (except as otherwise expressly agreed between the parties at the time of such transfer), provided, however, that such conveyance shall in any event be made by Lessee to Lessor free and clear of (I) any Liens placed on the Leased Property by, through or under Lessee, and (II) any Other Recorded Documents executed by, through or under Lessee in violation of this Lease, and (B) shall be evidenced by Lessee’s execution of such deeds, bills of sale, or other appropriate documents conveying title to such property as Lessor and Lessee may reasonably agree, consistent with subsection (A) of this sentence.

Appears in 4 contracts

Samples: Services Agreement (Arc Logistics Partners LP), Services Agreement (CorEnergy Infrastructure Trust, Inc.), Membership Interests Purchase Agreement (Arc Logistics Partners LP)

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End of Term Ownership. If Lessee proposes to construct Permitted Capital Improvements that are not readily removable or cannot be detached from the Terminal System without adversely affecting the structural integrity or functionality of the Terminal System (each, a “Non-Removable Addition”), Lessee shall provide Lessor written notice thereof. If Lessee proposes to construct Permitted Capital Improvements that are not Non-Removable Additions (each, a “Removable Addition”), Lessee shall provide Lessor written notice thereof. At the end of the Term, (i) all Non-Removable Separable Additions which Landlord elected not to pay for and make a part of the Leased Property pursuant to subsection (b), above, will become the property of Lessor Landlord without compensation or reimbursement to Lessee, Tenant; and (ii) all Removable Separable Additions may which Landlord elected not to pay for and make a part of the Leased Property pursuant to subsection (c), above shall be removed or otherwise detached by Lessee Tenant from the Terminal Liquids Transportation System unless otherwise agreed by Lessor Landlord in writing, and Lessee Tenant shall repair any damage to the Leased Property caused by such removal. The transfer of all such Non-Separable Additions which become the property to Lessor of Landlord at the end of the Term pursuant to subsection (i) above, (A) shall, subject to Section 18.1, shall be made on an AS IS WHERE IS basis, without any express or implied warranties from Lessee Tenant other than special warranties of title (except as otherwise expressly agreed between the parties Parties at the time of such transfer), provided, however, that such conveyance shall in any event be made by Lessee Tenant to Lessor Landlord free and clear of (I) any Liens placed on the Leased Property by, through or under LesseeTenant, and (II) any Other Recorded Documents executed by, through or under Lessee Tenant in violation of this Lease, and (B) shall be evidenced by LesseeTenant’s execution of such deeds, bills of sale, or other appropriate documents conveying title to such property Non-Separable Additions as Lessor Landlord and Lessee Tenant may reasonably agree, consistent with subsection (A) of this sentence.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)

End of Term Ownership. If Lessee proposes to construct Permitted Capital Improvements that are not readily removable or cannot be detached from the Terminal System without adversely affecting the structural integrity or functionality of the Terminal System (each, a “Non-Removable Addition”), Lessee shall provide Lessor written notice thereof. If Lessee proposes to construct Permitted Capital Improvements that are not Non-Removable Additions (each, a “Removable Addition”), Lessee shall provide Lessor written notice thereof. At the end of the Term, (i) all Non-Removable Additions which Lessor elected not to pay for and make a part of the Leased Property pursuant to subsection (b), above, will become the property of Lessor without compensation or reimbursement to Lessee, and (ii) all Removable Additions may which Lessor elected not to pay for and make a part of the Leased Property pursuant to subsection (c), above shall be removed by Lessee or, in the case of Additional Lines, detached by Lessee from the Terminal Liquids Gathering System unless otherwise agreed by Lessor in writing, and Lessee shall repair any damage to the Leased Property caused by such removal. The transfer of all such Non-Removable Additions which become the property to of Lessor at the end of the Lease Term pursuant to subsection (i), (A) shall, subject to Section 18.1, shall be made on an AS IS WHERE IS basis, without any express or implied warranties from Lessee other than special warranties of title (except as otherwise expressly agreed between the parties at the time of such transfer), provided, however, that such conveyance shall in any event be made by Lessee to Lessor free and clear of (I) any Liens placed on the Leased Property by, through or under Lessee, and (II) any Other Recorded Documents executed by, through or under Lessee in violation of this Lease, and (B) shall be evidenced by Lessee’s execution of such deeds, bills of sale, or other appropriate documents conveying title to such property Non-Removable Additions as Lessor and Lessee may reasonably agree, consistent with subsection (A) of this sentence.

Appears in 2 contracts

Samples: Confidential Treatment (CorEnergy Infrastructure Trust, Inc.), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.)

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End of Term Ownership. If Lessee proposes to construct Permitted Capital Improvements that are not readily removable or cannot be detached from the Terminal System without adversely affecting the structural integrity or functionality of the Terminal System (each, a “Non-Removable Addition”), Lessee shall provide Lessor written notice thereof. If Lessee proposes to construct Permitted Capital Improvements that are not Non-Removable Additions (each, a “Removable Addition”), Lessee shall provide Lessor written notice thereof. At the end of the Term, (i) all Non-Removable Separable Additions which Landlord elected not to pay for and make a part of the Leased Property pursuant to subsection (b) , above, will become the property of Lessor Landlord without compensation or reimbursement to Lessee, Tenant; and (ii) all Removable Separable Additions may which Landlord elected not to pay for and make a part of the Leased Property pursuant to subsection (c) , above shall be removed or otherwise detached by Lessee Tenant from the Terminal Liquids Transportation System unless otherwise agreed by Lessor Landlord in writing, and Lessee Tenant shall repair any damage to the Leased Property caused by such removal. The transfer of all such Non-Separable Additions which become the property to Lessor of Landlord at the end of the Term pursuant to subsection (i) above, (A) shall, subject to Section 18.1, shall be made on an AS IS WHERE IS basis, without any express or implied warranties from Lessee Tenant other than special warranties of title (except as otherwise expressly agreed between the parties Parties at the time of such transfer), providedprovided , howeverhowever , that such conveyance shall in any event be made by Lessee Tenant to Lessor Landlord free and clear of (I) any Liens placed on the Leased Property by, through or under LesseeTenant, and (II) any Other Recorded Documents executed by, through or under Lessee Tenant in violation of this Lease, and (B) shall be evidenced by LesseeTenant’s execution of such deeds, bills of sale, or other appropriate documents conveying title to such property Non-Separable Additions as Lessor Landlord and Lessee Tenant may reasonably agree, consistent with subsection (A) of this sentence.

Appears in 1 contract

Samples: Connection and Access Agreement (Energy XXI LTD)

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