Common use of Ownership of Facility Clause in Contracts

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. For the avoidance of doubt, Landlord acknowledges and agrees that Tenant thatTenant 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 toor be deemed a part of, or fixture to, the PropertyProperty . The Solar Facility shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial CodeCode . Landlord covenants that it will use commercially reasonable efforts to place all parties having a mortgage of the Property th e Propert y on notice of the ownership of the Solar Facility and the legal status or classification of the Solar Facility as personal propertyproperty . 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 lienholderlienholder .