Common use of Judicial Council Option to Retain System on Licensee default Clause in Contracts

Judicial Council Option to Retain System on Licensee default. In the event that (i) this SLA is terminated by the default of Licensee, or (ii) Licensee is in default under its security agreements(s) with the Lender or System Lessor and Lender or System Lessor exercises remedies thereunder, and in either case, the Lender elects to not take actions that would allow the Judicial Council, within one hundred eighty (180) calendar days after the Judicial Council has ceased receiving Electricity from the System as a consequence of the foregoing, to receive Electricity generated by the System on the terms set forth in this SLA or the SPPA, then Judicial Council may treat the System as abandoned and may either require Licensee to undertake removal and restoration in accordance with section 11.1 or, if Licensee fails to so remove the System from the Licensed Area, retain the System for its own use free and clear of any claims by Licensee, Lender or System Lessor. Licensee agrees to require that any Lender or System Lessor agree directly with the Judicial Council that the System shall be deemed abandoned under the circumstances described in section 11.1. Licensee shall provide in any financing agreement secured by the System that on such abandonment pursuant to this section 11.4, the Lender or System Lessor, as applicable, shall deliver to the Judicial Council documents of clear title, free of all claims and encumbrances, as a condition of sale. In the event the Lender or System Lessor for any reason fails to deliver clear title and exclusive right of possession of the System within six (6) months of the date of any abandonment, the Judicial Council shall be authorized to take possession and control of the System and to retain a replacement Licensee to resume operations of the System free and clear of any claims by Licensee, Lender, or System Lessor.

Judicial Council Option to Retain System on Licensee default. In the event that that (i) this SLA is terminated by the default of Licensee, or (ii) Licensee is in default under its security agreements(s) with the Lender or System Lessor and Lender or System Lessor exercises remedies thereunder, and in either case, the Lender elects to not take actions that would allow the Judicial Council, within one hundred eighty (180) calendar days after the Judicial Council has ceased receiving Electricity from the System as a consequence of the foregoing, to receive Electricity generated by the System on the terms set forth in this SLA or the SPPA, then Judicial Council may treat the System as abandoned and may either require Licensee to undertake removal and restoration in accordance with section 11.1 or, if Licensee fails to so remove the System from the Licensed Area, retain the System for its own use free and clear of any claims by Licensee, Lender or System Lessor. 11.4.1. Licensee agrees to require that any Lender or System Lessor agree directly with the Judicial Council that the System shall be deemed abandoned under the circumstances described in section 11.1. 11.4.2. Licensee shall provide in any financing agreement secured by the System that on such abandonment pursuant to this section 11.4, the Lender or System Lessor, as applicable, shall deliver to the Judicial Council documents of clear title, free of all claims and encumbrances, as a condition of sale. 11.4.3. In the event the Lender or System Lessor for any reason fails to deliver clear title and exclusive right of possession of the System within six (6) months of the date of any abandonment, the Judicial Council shall be authorized to take possession and control of the System and to retain a replacement Licensee to resume operations of the System free and clear of any claims by Licensee, Lender, or System Lessor.

Judicial Council Option to Retain System on Licensee default. In the event that that‌ (i) this SLA is terminated by the default of Licensee, or (ii) Licensee is in default under its security agreements(s) with the Lender or System Lessor and Lender or System Lessor exercises remedies thereunder, and in either case, the Lender elects to not take actions that would allow the Judicial Council, within one hundred eighty (180) calendar days after the Judicial Council has ceased receiving Electricity electricity from the System as a consequence of the foregoing, to receive Electricity electricity generated by the System on the terms set forth in this SLA or the SPPALease, then Judicial Council may treat the System as abandoned and may either require Licensee to undertake removal and restoration in accordance with section 11.1 or, if Licensee fails to so remove the System from the Licensed Area, retain the System for its own use free and clear of any claims by Licensee, Lender Lender, or System Lessor. . 11.4.1 Licensee agrees to require that any Lender or System Lessor agree directly with the Judicial Council that the System shall be deemed abandoned under the circumstances described in section 11.1. . 11.4.2 Licensee shall provide in any financing agreement secured by the System that on such abandonment pursuant to this section 11.4, the Lender or System Lessor, as applicable, shall deliver to the Judicial Council documents of clear title, free of all claims and encumbrances, as a condition of sale. . 11.4.3 In the event the Lender or System Lessor for any reason fails to deliver clear title and exclusive right of possession of the System within six (6) months of the date of any abandonment, the Judicial Council shall be authorized to take possession and control of the System and to retain a replacement Licensee to resume operations of the System free and clear of any claims by Licensee, Lender, Lender or System Lessor.

Judicial Council Option to Retain System on Licensee default. In the event that (i) this SLA is terminated by the default of Licensee, or (ii) Licensee is in default under its security agreements(s) with the Lender or System Lessor and Lender or System Lessor exercises remedies thereunder, and in either case, the Lender elects to not take actions that would allow the Judicial Council, within one hundred eighty (180) calendar days after the Judicial Council has ceased receiving Electricity electricity from the System as a consequence of the foregoing, to receive Electricity electricity generated by the System on the terms set forth in this SLA or the SPPALease, then Judicial Council may treat the System as abandoned and may either require Licensee to undertake removal and restoration in accordance with section 11.1 or, if Licensee fails to so remove the System from the Licensed Area, retain the System for its own use free and clear of any claims by Licensee, Lender Lender, or System Lessor. 34 11.4.1 Licensee agrees to require that any Lender or System Lessor agree directly with the Judicial Council that the System shall be deemed abandoned under the circumstances described in section 11.1. 34 11.4.2 Licensee shall provide in any financing agreement secured by the System that on such abandonment pursuant to this section 11.4, the Lender or System Lessor, as applicable, shall deliver to the Judicial Council documents of clear title, free of all claims and encumbrances, as a condition of sale. 34 11.4.3 In the event the Lender or System Lessor for any reason fails to deliver clear title and exclusive right of possession of the System within six (6) months of the date of any abandonment, the Judicial Council shall be authorized to take possession and control of the System and to retain a replacement Licensee to resume operations of the System free and clear of any claims by Licensee, Lender, Lender or System Lessor.. 34