Common use of Ownership of any Existing Equipment Clause in Contracts

Ownership of any Existing Equipment. Ownership of any equipment and materials existing at the Site as of the Effective Date shall remain the property of Judicial Council even if it is replaced or its operation made unnecessary by Work performed by Design Build Entity. If applicable, Design Build Entity shall advise Judicial Council in writing of all equipment and materials that will be replaced at the Site and Judicial Council shall, within five (5) business days of Design Build Entity’ notice, designate in writing to Design Build Entity which replaced equipment and materials should not be disposed of off-Site by Design Build Entity (the “Retained Items”). It is understood and agreed to by both Parties that Judicial Council shall be responsible for and designate the location and storage for the Retained Items. Design Build Entity shall be responsible for the disposal of replaced equipment and materials, except for the Retained Items. Design Build Entity shall use commercially reasonable efforts to remove the Retained Items in such a manner as to avoid damage thereto and/or the Site, or if it is unreasonable to avoid damage altogether, to minimize any damage.

Ownership of any Existing Equipment. Ownership of any equipment and materials existing at the Site as of Sites at the Effective Date time the Contract is executed, shall remain the property of Judicial Council the District even if it is replaced or its operation made unnecessary by Work performed by Design Build EntityDesigner/Builder. If applicable, Design Build Entity Designer/Builder shall advise Judicial Council District in writing of all equipment and materials that will be replaced at the Site Sites and Judicial Council District shall, within five (5) business days of Design Build EntityDesigner/Builder’ notice, designate in writing to Design Build Entity Designer/Builder which replaced equipment and materials should not be disposed of off-Site by Design Build Entity Designer/Builder (the “"Retained Items”"). It is understood and agreed to by both Parties that Judicial Council District shall be responsible for and designate the location and storage for the Retained Items. Design Build Entity Designer/Builder shall be responsible for the disposal of replaced equipment and materials, except for the Retained Items. Design Build Entity Designer/Builder shall use commercially reasonable efforts to remove the Retained Items in such a manner as to avoid damage thereto and/or the Sitethereto, or if it is unreasonable to avoid damage altogether, to minimize any damage.

Ownership of any Existing Equipment. Ownership of any equipment and materials existing at the Site as of the Effective Date shall remain the property of Judicial Council even if it is they are replaced or its their operation made unnecessary by Work performed by Design Build Entity. If applicable, Design Build Entity shall advise Judicial Council in writing of all equipment and materials that will be replaced at the Site and Judicial Council shall, within five (5) business days of Design Build Entity’ ’s notice, designate in writing to Design Build Entity which replaced equipment and materials should not be disposed of off-Site by Design Build Entity (the “Retained Items”). It is understood and agreed to by both Parties that Judicial Council shall be responsible for for, and designate the location and storage for for, the Retained Items. Design Build Entity shall be responsible for the disposal of replaced equipment and materials, except for the Retained Items. Design Build Entity shall use commercially reasonable efforts to remove the Retained Items in such a manner as to avoid damage thereto and/or the Site, or if it is unreasonable to avoid damage altogether, to minimize any damage.