Ownership of Facility. For the avoidance of doubt, Landlord acknowledges and agrees that Tenant shall be the legal and beneficial owner of the Solar Facility at all times, including all Environmental Attributes, Solar Incentives, and any other tax attributes, and the Solar Facility shall remain the personal property of Tenant and shall not attach to or be deemed a part of, or fixture to, the Property. The Solar Facility shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Landlord covenants that it will use commercially reasonable efforts to place all parties having a mortgage of the Property on notice of the ownership of the Solar Facility and the legal status or classification of the Solar Facility as personal property. If there is any mortgage or fixture filing against the Property, which could reasonably be construed as prospectively attaching to the Solar Facility as a fixture of the Property, Landlord shall provide a disclaimer or release from such lienholder.
Ownership of Facility. 10 CITY will retain title to the land and building at Xxxxxx Park to be used for the the Xxxxx Xxxxx Police Services Building after compliance with applicable rules regarding subsequent legal arrangements pertaining to the use of 11 Xxxxx Xxxxx Police Services Building. CITY and COUNTY shall work together 12 in good faith 14 and procedures, if any, pertaining thereto.[LA2]
Ownership of Facility. (a) The Facility shall be designed and constructed by the Contractor under and in accordance with this Agreement on behalf of the Crown.
(b) Subject to the rights of the Contractor set out in this Part 5, the Crown will at all times before and after the Service Commencement Date own the Facility (excluding the Fitout, to which clause 11.2(e) applies) and the Crown Site.
Ownership of Facility. PVREA has sole ownership, possession, and control of the Community Solar Array and PVREA has the exclusive right to maintain and operate the Community Solar Array and the Program. Enrollment in the Program does not convey any right, title, or interest in or to any portion of any property (including without limitation, tangible or non-tangible, real improvements, equipment, assets or ownership interest) of or in PVREA or its affiliates.
Ownership of Facility. The network facilities (equipment and software) are owned by the City. Xxxxxxxxx WiFi provides the operation and maintenance for the system.
Ownership of Facility. To continue to own the Facility in a good and businesslike fashion consistent with past practices; provided, however, notwithstanding anything to the contrary contained in this Article 8 or elsewhere in this Agreement, it is expressly understood and agreed that the Company shall not have any obligation to make any capital expenditure with respect to the Facility.
Ownership of Facility. The Facility, as initially contributed to the Venture pursuant to Section 2(a) hereof and as improved and equipped pursuant to Section 2(c) hereof, together with any additional property, plant and equipment acquired from time to time pursuant to Section 2(d) hereof, shall constitute property of the Venture and title thereto shall be in the name of the Venture. The Facility will be open for inspection and review by either party during normal business hours or at any time it is in operation.
Ownership of Facility. Tenant or Financing Party shall be the legal and beneficial owner of the Facility (including without limitation, all additions, alterations, and modifications thereto or replacements thereof, all appurtenant fixtures, machinery and equipment installed therein), all electrical output from the Facility, Environmental Attributes and Incentives, at all times. Town shall have no ownership, lien, security or other interest in the Facility. The Facility is personal property and shall not attach to or be deemed a part of, or fixture to, the Leased Premises or the Property. The Facility shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Town and/or Tenant shall make any necessary filings to disclaim the Facility as a fixture of the Leased Premises and the Property in the appropriate Land Registry to place all interested parties on notice of the ownership of the Facility by Tenant. Notwithstanding anything to the contrary stated above, Town shall retain all rights in and to the Property, subject to the rights granted to Tenant hereunder, including the rights to profits derived from timber, and crop harvest, provided, Town’s exercise of such rights shall not interfere with Tenant’s easements rights over the Property and operation of the Facility on the Leased Premises during the Term of this Agreement. [Reference to any Power Purchase Agreement and/or community solar to be made here.]
Ownership of Facility. 11 Section 8.01. - Ownership of Improvements........................................... 11 ARTICLE 9 - REPAIRS, MAINTENANCE AND ALTERATIONS......................................... 12 Section 9.01. - Repairs and Maintenance............................................. 12 Section 9.02. - Alterations. Improvements and Additions............................. 13 ARTICLE 10 -
Ownership of Facility. 19 CITY will retain title to the land and building at Xxxxxx Park to be used for the 20 Xxxxx Xxxxx Police Services Building.
