Common use of Ownership of Solar Facility; Not a Fixture Clause in Contracts

Ownership of Solar Facility; Not a Fixture. Company, or its nominee, is the exclusive owner and operator of the Solar Facility. Except as provided in Section 7.2 hereof, Landowner shall have no ownership or other interest in any Solar Facility Equipment installed on the Leased Property or on the Adjacent Property, and Company shall at all times retain title to the Solar Facility Equipment, with the right, at any time and in its sole discretion, to remove, replace or repair one or more components of Solar Facility Equipment. The Solar Facility and the Solar Facility Equipment are not fixtures, and Landowner may not sell, lease, assign, mortgage, pledge or otherwise alienate or encumber (collectively, a “Transfer”) the Solar Facility or any Solar Facility Equipment together with its fee interest or leasehold rights to the Leased Property. Landowner represents that it shall keep the Solar Facility Equipment free from all liens, specifically, excluding any and all landlord liens. Should any liens, other than landlord liens, be filed against the Solar Facility Equipment by reason of the acts of Landowner, such Party shall cause the lien to be cancelled or otherwise discharged within thirty (30) days of receiving notice of such lien.

Appears in 3 contracts

Samples: Solar Energy Lease Agreement, Solar Energy Lease Agreement, Solar Energy Lease Agreement

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Ownership of Solar Facility; Not a Fixture. Company, or its nominee, is the exclusive owner and operator of the Solar Facility. Except as provided in Section 7.2 hereof7.2, Landowner shall have no ownership or other interest in any Solar Facility Equipment installed on the Leased Property or on the Adjacent PropertyEasements, and Company shall at all times retain title to the Solar Facility Equipment, with the right, at any time and in its sole discretion, to remove, replace or repair one or more components of Solar Facility Equipment. The Solar Facility and the Solar Facility Equipment are not fixtures, and Landowner may not sell, lease, assign, mortgage, pledge or otherwise alienate or encumber (collectively, a “Transfer”) the Solar Facility or any Solar Facility Equipment together with its fee interest or leasehold rights to the Leased Property. Landowner represents that it shall keep the Solar Facility Equipment free from all liensliens claimed by or through Landowner, specificallyspecifically excluding, excluding any and all landlord liensliens or other liens by Landowner arising in connection with unpaid amounts due hereunder. Should any liens, other than landlord liens, such liens be filed against the Solar Facility Equipment by reason of the acts of Landowner, such Party Landowner shall cause the lien to be cancelled or otherwise discharged within thirty (30) days of receiving notice of such lien.

Appears in 1 contract

Samples: Solar Energy Lease Agreement

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Ownership of Solar Facility; Not a Fixture. Company, or its nominee, is the exclusive owner and operator of the Solar Facility. Except as provided in Section 7.2 hereof, Landowner shall have no ownership or other interest in any Solar Facility Equipment installed on the Leased Property or on the Adjacent Property, and Company shall at all times retain title to the Solar Facility Equipment, with the right, at any time and in its sole discretion, to remove, replace or repair one or more components of Solar Facility Equipment. The Solar Facility and the Solar Facility Equipment are not fixtures, and Landowner may not sell, lease, assign, mortgage, pledge or otherwise alienate or encumber (collectively, a “Transfer”) the Solar Facility or any Solar Facility Equipment together with its fee interest or leasehold rights to the Leased Property. Landowner represents that it shall keep the Solar Facility Equipment free from all liens, specifically, excluding any and all landlord liens. Should any liens, other than landlord liens, be filed against the Solar Facility Equipment by reason of the acts of Landowner, such Party shall cause the lien to be cancelled or otherwise discharged within thirty (30) days of receiving notice of such lien.

Appears in 1 contract

Samples: Solar Energy Lease Agreement

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