Facility Condition at End of Term Sample Clauses

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.
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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. (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.
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 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.

Related to Facility Condition at End of Term

  • Facility Termination Date Any outstanding Loans and all other unpaid Obligations (other than contingent indemnity obligations) shall be paid in full by the Borrower on the Facility Termination Date. Notwithstanding the termination of this Agreement on the Facility Termination Date, until all of the Obligations (other than contingent indemnity obligations) shall have been fully paid and satisfied and all financing arrangements among the Borrower and the Lenders hereunder and under the other Loan Documents shall have been terminated, all of the rights and remedies under this Agreement and the other Loan Documents shall survive.

  • Transfer of Collateral upon Occurrence of Termination Event Upon the occurrence of a Termination Event and the transfer to the Agent of the Preferred Securities, the appropriate Applicable Ownership Interest of the Treasury Portfolio or the Treasury Securities, as the case may be, underlying the Income PRIDES and the Growth PRIDES pursuant to the terms of the Pledge Agreement, the Agent shall request transfer instructions with respect to such Preferred Securities or the appropriate Applicable Ownership Interest of the Treasury Portfolio or Treasury Securities, as the case may be, from each Holder by written request mailed to such Holder at its address as it appears in the Income PRIDES Register or the Growth PRIDES Register, as the case may be. Upon book-entry transfer of the Income PRIDES or Growth PRIDES or delivery of an Income PRIDES Certificate or Growth PRIDES Certificate to the Agent with such transfer instructions, the Agent shall transfer the Preferred Securities, the Treasury Portfolio or Treasury Securities, as the case may be, underlying such Income PRIDES or Growth PRIDES, as the case may be, to such Holder by book-entry transfer, or other appropriate procedures, in accordance with such instructions. In the event a Holder of Income PRIDES or Growth PRIDES fails to effect such transfer or delivery, the Preferred Securities, the appropriate Applicable Ownership Interest of the Treasury Portfolio or Treasury Securities, as the case may be, underlying such Income PRIDES or Growth PRIDES, as the case may be, and any distributions thereon, shall be held in the name of the Agent or its nominee in trust for the benefit of such Holder, until such Income PRIDES or Growth PRIDES are transferred or the Income PRIDES Certificate or Growth PRIDES Certificate is surrendered or such Holder provides satisfactory evidence that such Income PRIDES Certificate or Growth PRIDES Certificate has been destroyed, lost or stolen, together with any indemnity that may be required by the Agent and the Company.

  • End of Term Charge On the earliest to occur of (i) the Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender a charge of $250,000 representing two and one-half percent (2.5%) of the Maximum Loan Amount (the “End of Term Charge”). Notwithstanding the required payment date of such charge, it shall be deemed earned by Lender as of the Closing Date.

  • Termination Reduction or Increase of the Commitments (a) The Company shall have the right, upon at least three Business Days' notice to the Agent, to terminate in whole or reduce ratably in part the unused portions of the respective Commitments of the Lenders, provided that each partial reduction shall be in the aggregate amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof and provided further that (x) the aggregate amount of the Commitments of the Lenders shall not be reduced to an amount that is less than the aggregate principal amount of the Advances then outstanding, and (y) once terminated, a portion of a Commitment shall not be reinstated except pursuant to Section 2.05(c).

  • Termination; Repayment The Revolving Line terminates on the Revolving Line Maturity Date, when the principal amount of all Advances, the unpaid interest thereon, and all other Obligations relating to the Revolving Line shall be immediately due and payable.

  • End of Term 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited to the cost of repairing any damage to the Building or Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease.

  • Termination Giving Rise to a Termination Payment If there is a Covered Termination by the Executive for Good Reason, or by the Company other than by reason of (i) death, (ii) disability pursuant to Section 11, or (iii) Cause, then the Executive shall be entitled to receive, and the Company shall promptly pay, Accrued Benefits and, in lieu of further base salary for periods following the Termination Date, as liquidated damages and additional severance pay and in consideration of the covenant of the Executive set forth in Section 13(a), the Termination Payment pursuant to Section 8(a).

  • Termination Event; Notice The Purchase Contracts and all obligations and rights of the Company and the Holders thereunder, including, without limitation, the rights of the Holders to receive and the obligation of the Company to pay any Purchase Contract Payments (including any deferred or accrued and unpaid Purchase Contract Payments), if the Company shall have such obligation, and the rights and obligations of Holders to purchase Common Stock, shall immediately and automatically terminate, without the necessity of any notice or action by any Holder, the Purchase Contract Agent or the Company, if, prior to or on the Purchase Contract Settlement Date, a Termination Event shall have occurred.

  • Optional Prepayment of Term Loan (a) Subject to clause (b) hereof, Borrower (at its option), may prepay all or any portion of the outstanding principal of any Term Loan Advance bearing interest at the Base Rate at any time, and may prepay all or any portion of the outstanding principal of any Term Loan bearing interest at the Eurodollar-based Rate upon one (1) Business Day’s notice to the Agent by wire, telecopy or by telephone (confirmed by wire or telecopy), with accrued interest on the principal being prepaid to the date of such prepayment. Any prepayment of a portion of a Term Loan as to which the Applicable Interest Rate is the Base Rate shall be without premium or penalty, except to the extent set forth in Section 4.7(d) below and any prepayment of a portion of a Term Loan as to which the Applicable Interest Rate is the Eurodollar-based Rate shall be without premium or penalty, except to the extent set forth in Section 11.1 and Section 4.7(d) below.

  • Notice of Termination Event Upon the occurrence of a Termination Event, the Company shall deliver written notice to the Purchase Contract Agent, the Collateral Agent and the Securities Intermediary within a reasonable amount of time and to the extent permitted by law.

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