Common use of Equipment and Other Rights Clause in Contracts

Equipment and Other Rights. Within 120 days prior to the Scheduled Lease Termination Date (or immediately if the Lease terminates on any Cancellation Date or Lease Termination Date which is not a Scheduled Lease Termination Date), and provided that the Company shall not have elected to purchase, or purchased, the Facility pursuant to the Lease, at all times thereafter for the term of this Agreement, the Company shall provide to the Lessor, by rent-free lease or other similar arrangement, any and all equipment and maintenance tools, and, for a price equal to the Company's cost therefor if not included in the Facility Cost, all spare parts (including, without limitation, rebuilt parts and major components) and maintenance equipment not covered by the services provided, or caused to be provided, pursuant to the Operative Documents, as are or may be customarily maintained on the Site by the Company for the operation of the Facility in the manner described herein. Within the period set forth above (or immediately in the circumstance contemplated above) the Company, in compliance with all Governmental Requirements, shall also transfer, or cause to be transferred, to the Lessor any and all equipment inspection reports and maintenance records and all licenses and Applicable Permits required to operate the Facility and all such equipment located on the Site as confirmed by the Lessor. Within the period set forth above (or immediately in the circumstance contemplated above), the Company shall provide, or cause to be provided, to the Lessor, by non-exclusive, royalty free license or other similar arrangement, rights to all patents, patent applications, proprietary computer software, operating and other manuals, “know-how,” copyrights or other intellectual property (excluding trade names and trademarks) as are or may be necessary for the operation of the Facility in the manner described herein. The Company represents and warrants to the Lessor that as of the Restatement Closing Date, and at all times thereafter during the term of this Agreement, the construction, assembly, ownership, use, occupancy, maintenance and operation of the Facility and Property included therein does not and will not cause a violation of any Governmental Requirements or Insurance Requirements.

Equipment and Other Rights. Within 120 days prior to the Scheduled Lease Termination Date (or immediately if the Lease terminates on any Cancellation Date or Lease Termination Date which is not a the Scheduled Lease Termination DateDate for such Schedule), and provided that the Company shall not have elected to purchase, or purchased, the Facility Equipment pursuant to the Lease, at all times thereafter for the term Term of this Agreement, the Company shall provide to the Lessor, by rent-free lease or other similar arrangement, any and all equipment and maintenance tools, and, for a price equal to the Company's cost therefor if not included in the Facility Equipment Cost, all spare parts (including, without limitation, rebuilt parts and major components) and maintenance equipment not covered by the services provided, or caused to be provided, pursuant to the Operative DocumentsSection 3.2(a), as are or may be customarily maintained on the Applicable Site or at another site controlled by the Company for the operation of the Facility such Equipment in the manner described hereinin Article III. Within the period set forth above (or immediately in the circumstance contemplated above) the Company, in compliance with all Governmental Requirements, shall also transfer, or cause to be transferred, to the Lessor any and all equipment inspection reports and maintenance records and all licenses and Applicable Permits required to operate the Facility Equipment and all such equipment located on the Applicable Site as confirmed by the Lessor. Within the period set forth above (or immediately in the circumstance contemplated above), the Company shall provide, or cause to be provided, to the Lessor, by non-exclusive, royalty free license or other similar arrangement, rights to all patents, patent applications, proprietary computer software, operating and other manuals, “"know-how,” " copyrights or other intellectual property (excluding trade names and trademarks) as are or may be necessary for the operation of the Facility Equipment for such Schedule in the manner described hereinin Article III. The Company represents and warrants to the Lessor that as of the Restatement Closing Date, and the Basic Term Commencement Date, and at all times thereafter during the term of this Agreement, the constructionmanufacture, acquisition, assembly, installation, ownership, use, occupancy, maintenance and operation of the Facility Equipment and Property included therein in accordance with the uses permitted by any necessary licenses and Applicable Permits held by the Company does not and will not cause a violation of any Governmental Requirements or Insurance Requirements.

Equipment and Other Rights. Within 120 days prior to the Scheduled Lease Termination Date (or immediately if the Lease terminates on any Cancellation Date or Lease Termination Date which is not a Scheduled Lease Termination Date), and provided that the Company shall not have elected to purchase, or purchased, the Facility pursuant to the Lease, at all times thereafter for the term of this Agreement, the Company shall provide to the Lessor, by rent-free lease or other similar arrangement, any and all equipment and maintenance tools, and, for a price equal to the Company's ’s cost therefor if not included in the Facility Cost, all spare parts (including, without limitation, rebuilt parts and major components) and maintenance equipment not covered by the services provided, or caused to be provided, pursuant to the Operative Documents, as are or may be customarily maintained on the Site by the Company for the operation of the Facility in the manner described herein. Within the period set forth above (or immediately in the circumstance contemplated above) the Company, in compliance with all Governmental Requirements, shall also transfer, or cause to be transferred, to the Lessor any and all equipment inspection reports and maintenance records and all licenses and Applicable Permits required to operate the Facility and all such equipment located on the Site as confirmed by the Lessor. Within the period set forth above (or immediately in the circumstance contemplated above), the Company shall provide, or cause to be provided, to the Lessor, by non-exclusive, royalty free license or other similar arrangement, rights to all patents, patent applications, proprietary computer software, operating and other manuals, “know-how,” copyrights or other intellectual property (excluding trade names and trademarks) as are or may be necessary for the operation of the Facility in the manner described herein. The Company represents and warrants to the Lessor that as of the Restatement Closing Date, and at all times thereafter during the term of this Agreement, the construction, assembly, ownership, use, occupancy, maintenance and operation of the Facility and Property included therein does not and will not cause a violation of any Governmental Requirements or Insurance Requirements.

Equipment and Other Rights. Within 120 days prior to the Scheduled Lease Termination Date for each Phase (or immediately if the Lease terminates on any Cancellation Date or Lease Termination Date which is not a Scheduled Lease Termination DateDate for such Phase), and provided that the Company shall not have elected to purchase, or purchased, the Facility Equipment for such Phase pursuant to the Lease, at all times thereafter for the term Term of this Agreement, the Company shall provide to the Lessor, by rent-free lease or other similar arrangement, any and all equipment and maintenance tools, and, for a price equal to the Company's cost therefor if not included in the Facility Equipment Cost, all spare parts (including, without limitation, rebuilt parts and major components) and maintenance equipment not covered by the services provided, or caused to be provided, pursuant to the Operative DocumentsSection 3.2(a), as are or may be customarily maintained on the Applicable Site for such Phase by the Company for the operation of the Facility Equipment for such Phase in the manner described hereinin Article III. Within the period set forth above (or immediately in the circumstance contemplated above) the Company, in compliance with all Governmental Requirements, shall also transfer, or cause to be transferred, to the Lessor any and all equipment inspection reports and maintenance records and all licenses and Applicable Permits required to operate the Facility Equipment for such Phase and all such equipment located on the Applicable Site as confirmed by the Lessor. Within the period set forth above (or immediately in the circumstance contemplated above), the Company shall provide, or cause to be provided, to the Lessor, by non-exclusive, royalty free license or other similar arrangement, rights to all patents, patent applications, proprietary computer software, operating and 109 other manuals, “"know-how,” " copyrights or other intellectual property (excluding trade names and trademarks) as are or may be necessary for the operation of the Facility Equipment for such Phase in the manner described hereinin Article III. The Company represents and warrants to the Lessor that as of the Restatement Closing Date, and the Phase Completion Date for such Phase, and at all times thereafter during the term of this Agreement, the construction, assembly, installation, ownership, use, occupancy, maintenance and operation of the Facility Equipment for each Phase and Property included therein in accordance with the uses permitted by any necessary licenses and Applicable Permits held by the Company does not and will not cause a violation of any Governmental Requirements or Insurance Requirements.

Equipment and Other Rights. Within 120 days prior to the -------------------------- Scheduled Lease Termination Date (or immediately if the Lease terminates on any Cancellation Date or Lease Termination Date which is not a Scheduled Lease Termination Date), and provided that the Company shall not have elected to purchase, or purchased, the Facility pursuant to the Lease, at all times thereafter for the term Term of this Agreement, the Company shall provide to the Lessor, by rent-free lease or other similar arrangement, any and all equipment and maintenance tools, and, for a price equal to the Company's cost therefor if not included in the Facility Cost, all spare parts (including, without limitation, rebuilt parts and major components) and maintenance equipment not covered by the services provided, or caused to be provided, pursuant to the Operative DocumentsSection 3.2(a), as are or may be customarily maintained on the Site by the Company for the operation of the Facility in the manner described hereinin Article III. Within the period set forth above (or immediately in the circumstance contemplated above) the Company, in compliance with all Governmental Requirements, shall also transfer, or cause to be transferred, to the Lessor any and all equipment inspection reports and maintenance records and all licenses and Applicable Permits required to operate the Facility and all such equipment located on the Site as confirmed by the Lessor. Within the period set forth above (or immediately in the circumstance contemplated above), the Company shall provide, or cause to be provided, to the Lessor, by non-exclusive, royalty free license or other similar arrangement, rights to all patents, patent applications, proprietary computer software, operating and other manuals, “"know-how,” " copyrights or other intellectual property (excluding trade names and trademarks) as are or may be necessary for the operation of the Facility in the manner described hereinin Article III. The Company represents and warrants to the Lessor that as of the Restatement Closing Date, and the Completion Date, and at all times thereafter during the term of this Agreement, the construction, assembly, ownership, use, occupancy, maintenance and operation of the Facility and Property included therein does not and will not cause a violation of any Governmental Requirements or Insurance Requirements.