Common use of Notice of Decommissioning Clause in Contracts

Notice of Decommissioning. Service Provider shall notify DIR promptly if and to the extent any DIR- or DIR Customer-owned Equipment or DIR- or DIR Customer-leased Equipment shall no longer be used to provide the Services. The notification shall include the identification of the Equipment, and the date it shall no longer be needed by Service Provider, along with the reason for decommissioning. Upon receipt of any such notice, DIR may (or may cause the applicable DIR Customer to), in its sole discretion, terminate the lease for such leased Equipment as of the date specified in such notice and sell or otherwise dispose of or redeploy such DIR- or DIR Customer-owned Equipment that is the subject of such a notice as of the date specified in such notice. Upon Service Provider ceasing to use any Equipment (or, in the case of leased Equipment, upon the last day DIR or DIR Customer is obligated to make such leased Equipment available to Service Provider, if earlier), Service Provider shall return the same to DIR, the DIR Customers and/or their designee(s) in condition at least as good as the condition thereof on the Commencement Date, ordinary wear and tear excepted. Service Provider shall, at Service Provider's expense, deliver such Equipment to the location designated by DIR, the DIR Customers and/or their designee(s). The foregoing shall not limit Service Provider's obligations with respect to the redeployment and disposal of Equipment pursuant to Exhibit 2.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Notice of Decommissioning. Service Provider shall notify DIR Allegheny promptly if and to the extent any DIR- Allegheny or DIR Customer-Eligible Recipient owned Equipment or DIR- Allegheny or DIR Customer-Eligible Recipient leased Equipment shall will no longer be used to provide the Services. The notification shall will include the identification of the Equipment, and the date it shall will no longer be needed by Service Provider, along with the reason for decommissioning. Upon receipt of any such notice, DIR Allegheny may (or may cause the applicable DIR Customer Eligible Recipient to), in its sole discretion, terminate the Equipment lease for such leased Equipment as of the date specified in such notice and sell or otherwise dispose of or redeploy such DIR- Allegheny or DIR Customer-Eligible Recipient owned Equipment that is the subject of such a notice as of the date specified in such notice. Upon Service Provider ceasing to use any Equipment (or, in the case of leased Equipment, upon the last day DIR Allegheny or DIR Customer Eligible Recipient is obligated to make such leased Equipment available to Service Provider, if earlier), Service Provider shall return the same to DIRAllegheny, the DIR Customers Eligible Recipients and/or their designee(s) in condition at least as good as the condition thereof on the Commencement Datedate Service Provider took possession or control thereof, ordinary wear and tear excepted. Service Provider shall, at Service Provider's ’s expense, deliver such Equipment to the location designated by DIRAllegheny, the DIR Customers Eligible Recipients and/or their designee(s). The foregoing shall not limit Service Provider's obligations with respect to the redeployment and disposal of Equipment pursuant to Exhibit 2.

Appears in 1 contract

Samples: Professional Services Agreement (Allegheny Energy, Inc)

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