Common use of Failure to Remove Clause in Contracts

Failure to Remove. If Provider fails to comply with this Section 3 and remove the Solar Facility and restore the Site as required within such one-hundred and eighty (180) day period, District shall have the right, but not the obligation, to remove the Solar Facility and restore the Site itself, and shall charge Provider for the actual costs incurred by District, which costs shall include a twenty percent (20%) administrative fee. The Parties shall reasonably coordinate all such removal and pick-up activities. In the event that Provider does not remove the Solar Facility as specified herein, District shall also have the option of continuing to receive Output from the Solar Facility at no cost to District until the Solar Facility is removed by either Provider or District. This Section 3 shall not be interpreted to limit District’s other available lawful remedies.

Failure to Remove. If Provider fails to comply with this Section 3 and remove the Solar Facility System and restore the Site as required within such one-hundred and eighty (180) day period, District shall have the right, but not the obligation, to remove the Solar Facility System and restore the Site itself, and shall charge Provider for the actual costs cost incurred by District, which costs cost shall include a twenty percent (20%) administrative fee. The Parties shall reasonably coordinate all such removal and pick-up activities. In the event that the Provider does not remove the Solar Facility System as specified herein, District shall also have the option of continuing to receive Output from the Solar Facility at no cost to District District, including, without limitation, no obligation to compensate Provider for the Power Price or other consideration, until the Solar Facility System is removed by either Provider or District. This Section 3 shall not be interpreted to limit District’s other available lawful remedies.