Facility Condition at End of Term. Upon expiration or termination of this Agreement with respect to a Facility, Operator shall remove its personnel from the applicable Facility Sites and shall leave such Facilities in good condition, normal wear and tear and any other degradation for which Operator is not responsible excepted. All special tools, improvements, inventory of supplies, spare parts, safety equipment, operating and maintenance manuals and procedures, operating and financial records and any other items furnished under this Agreement with respect to such Facility shall be left at the applicable Facility Site and shall remain the property of Company without additional charge. Company also shall have the right, in its sole discretion, to directly assume and become liable for any contracts or obligations related to the terminated Facility that Operator may have undertaken with third parties, with such third party's consent, in connection with the Services for such Facility, and Operator shall execute all documents and take all other reasonable steps required by Company which may be required to assign to and vest in Company all rights, benefits, interests and title in connection with such contracts or obligations. If Company elects not to directly assume or become liable for any such contracts or other obligations with respect to a terminated Facility, Company shall reimburse Operator for any additional costs reasonably incurred by Operator in connection with the termination or other discharge of such contracts or obligations with respect to such Facility, if such contracts or obligations have been entered into or incurred by Operator in accordance with the provisions of this Agreement.
Facility Condition at End of Term. (a) GE shall leave the Facility, or cause the Facility to be left at the end of the Term, in the same condition as on July 1, 1992, normal wear and tear and any other degradation for which GE is not responsible excepted. All Consumables and Parts and Tools for which POA has paid shall be left at the Facility. All Consumables, Parts and Tools, operating and maintenance manuals, files, programs, texts, procedures and any other items furnished as a Reimbursable Expense will be left at the Facility and will become or remain, subject to Article III, the property of POA without additional charge. POA also shall have the right, but not the obligation, in its sole discretion, to directly assume and become liable for any contracts or obligations that GE may have undertaken with third parties in connection with the Operation and Maintenance of the Facility by GE. GE shall execute all documents and take all other reasonable steps requested by POA that may be required to assign to and vest in POA, and POA shall execute all documents and take all other reasonable steps requested by GE that may be required to release GE from all rights, benefits, interests and title in connection with such contracts or obligations.
(b) Upon the expiration or other termination of this Agreement, GE shall, without charge or cost to POA, transfer to POA and leave at or deliver to the Site a supply of Spare Parts which would reasonably be required thereafter in connection with the operation and maintenance of POA's cogeneration facility having a then fair market value of not less than $250,000, escalated from June 1992 to the date of such expiration or termination in accordance with the change over such period in the Consumer Price Index.
Facility Condition at End of Term. Upon expiration or termination of this Agreement, Operator shall remove its personnel from the Facility. Operator shall leave the Facility in as good condition as at Owner Acceptance, normal wear and tear excepted, and with the equivalent supply of spare parts and any other operating items (other than items for which Owner is responsible) as were provided by Owner to Operator at the CCC Time, or such modified supply thereof as has been approved by Owner (and shall be reimbursed for all Reimbursable Costs incurred in connection therewith). All special tools, improvements, inventory of supplies, spare parts, safety equipment (in each case as provided to or obtained by or provided by Operator during the term of this Agreement) and any other items furnished on a Reimbursable Cost basis under this Agreement will be left at the Facility and will become or remain the property of Owner without additional charge. Owner shall also have the right, in its sole discretion, to directly assume and become liable for any contracts or obligations that Operator may have undertaken with third parties in connection with the Services. Operator shall execute all documents and take all other reasonable steps requested by Owner that may be required to assign to and vest in Owner all rights, benefits, interests and title in connection with such contracts or obligations; PROVIDED, HOWEVER, that Owner shall indemnify and hold harmless Operator for all liabilities arising out of events and obligations thereunder arising after the date of any such assumption.
Facility Condition at End of Term. Upon expiration or termination of this Agreement, Operator (but not MGE, who may thereafter elect to operate the portion of the Facility leased from MGE Power under the Facility Lease) shall remove its personnel from the Chilled Water Assets and shall leave the Chilled Water Assets in the same condition as on the Commencement Date, normal wear and tear and any other degradation for which Operator is not responsible excepted. All Accessories and Consumables, operating and maintenance manuals and any other items previously paid for by the University under this Agreement will be left at the Facility and will become or remain the property of the University without additional charge.
Facility Condition at End of Term. In the event these Operation Provisions terminate prior to termination of the Lease, Facility Operator shall remove its Site Personnel from the Power Facility. Facility Operator shall leave the Power Facility in good condition, normal wear and tear excepted, and with an adequate supply of spare parts in accordance with the Annual Operating Plan then in effect. All special tools, improvements, inventory of supplies, spare parts, safety equipment, O&M Manuals, and any other items furnished on a reimbursable cost basis under these Operations Provisions shall be left at the Power Facility and shall become or remain the property of Facility Owner without additional charge. Unless Facility Operator chooses to retain such contracts, Facility Owner shall directly assume and become liable for any contracts or obligations that Facility Operator may have entered into in its own name with third parties in connection with the Services provided to Facility Owner under these Operations Provisions.
Facility Condition at End of Term. Upon expiration or ---------------------------------- termination of this Agreement, Operator shall remove its personnel from the Facility. Operator shall leave the Facility in as good condition as it was on the Effective Date, normal wear and tear and casualty excepted, and with the on- hand supply of spare parts and consumables and any other operating items as were provided by Owner to Operator as of the Effective Date, or such modified supply thereof as has been approved by Owner (and shall be reimbursed for all unreimbursed Reimbursable Costs incurred in connection therewith). All special tools, improvements, inventory of supplies, spare parts, safety equipment, Operating Manuals and Administrative Procedures Manuals, operating logs, records and documents maintained by Operator pursuant to Section 3.5 (in each case, as provided to or obtained or provided by Operator during the term of this Agreement) and any other items furnished on a Reimbursable Cost basis under this Agreement will be left at the Facility and will become or remain the property of Owner without additional charge. Owner shall also have the right, in its sole discretion, to directly assume and become liable for any contracts or obligations that Operator may have undertaken with third parties in connection with the Services. Operator shall execute all documents and take all other reasonable steps requested by Owner that may be required to assign to and vest in Owner all rights, benefits, interests and title in connection with such contracts or obligations; provided, however, that Owner shall indemnify and hold harmless Operator for all liabilities arising out of events and obligations thereunder arising after the date of any such assumption. Operator shall use commercially reasonable efforts to cooperate with Owner or a succeeding operator to assure that the operation, maintenance and management of the Facility are not disrupted.
