Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor and Lessee agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as prospectively attaching to the System as a fixture of the Premises, Lessee shall provide a disclaimer or release from such lienholder. If Lessee is the fee owner of the Premises, Lessee consents to the filing of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction where the Facility is located. If Lessee is not the fee owner, Lessee will obtain such consent from such owner. Upon request, Lessee agrees to deliver to Lessor a non-disturbance agreement in a form reasonably acceptable to Lessor from the owner of the Facility (if the Facility is leased by Lessee), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facility.
Ownership of System. The Services, including all trademarks, service marks, logos, documents, graphics, content, and/or other materials viewed or obtained from or through the Services (collectively, “Service Materials”), are owned and/or licensed by Company and are protected by copyright and other intellectual property rights. Customer has no rights to transfer, reproduce, or prepare any derivative works with respect to the Services, or to disclose confidential information pertaining to the Services. This Agreement does not convey to Customer or any Customer User any right of ownership in or related to the Service or other intellectual property owned by Company.
Ownership of System. It is understood by GOVERNING BODY that the SPE System being installed by REDSPEED is, and shall remain, the sole property of REDSPEED, unless separately procured from REDSPEED through a lease or purchase transaction. The SPE Systems are provided to GOVERNING BODY only under the terms and for the term of this Agreement.
Ownership of System. Licensee, Lender(s), System Lessor and/or their permitted assigns, with respect to the System, shall at all times retain title to and be the legal and beneficial owner(s) of the System, including the right to any tax credits available under federal or state law.
Ownership of System. Throughout the Term, Seller or its designated assignee (as permitted in Section 18) shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise stated in Exhibit A), and the System shall remain the personal property of Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Seller and Customer agree that the Seller or its designated assignee (as permitted under Section 18) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Customer covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance, or other claim of any nature on the Facility or the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises that could reasonably be construed as prospectively attaching to the System as a fixture of the Premises, Customer shall provide a disclaimer or release from such lienholder. If Customer is the fee owner of the Premises, Customer consents to the filing of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction where the Facility is located.
Ownership of System. Illumina and/or its suppliers shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets, and other intellectual property rights in the System and any components thereof. Except for the limited right of access as provided in Section 1, Customer shall have no right, title, or interest in or to the System. Customer agrees to inform Xxxxxxxx promptly of any infringement or other improper action with respect to the Illumina intellectual property that comes to Customer’s attention. Illumina reserves all rights in its intellectual property that are not expressly granted in the Agreement and this Service Addendum, and no licenses are granted by Illumina to Customer under the Agreement or this Service Addendum, whether by implication, estoppel or otherwise, except as expressly set forth herein.
Ownership of System. Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes. Each of the Seller and Purchaser agree that the Seller is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement.
Ownership of System. Xxxxxx acknowledges and agrees that (i) notwithstanding that the System may be a fixture under Applicable Laws, as between the Parties, the System shall be deemed to be personal property, and (ii) Lessee is the exclusive owner and operator of the System.
Ownership of System. Landlord acknowledges and agrees that Tenant or one of its affiliates with the financial and technical expertise capable of fulfilling this Lease is the exclusive owner and operator of the System, that all alterations, additions, improvements, installations or equipment used in connection with the installation, operation or maintenance of the System or comprising the System is, and shall remain, the personal property of Tenant and shall not become fixtures, notwithstanding the manner in which such System is or may be affixed to any real property of Landlord and neither Landlord nor any affiliate, lender or successor in interest of Landlord shall have any right, title or interest in the System or any component thereof, notwithstanding that the System may be physically mounted or adhered to the Premises or structures, buildings and fixtures on the Premises. Landlord shall have no development or other interest in the System or other equipment or personal property of Tenant installed on the Premises (regardless whether such personal property is affixed to any real property), and Tenant may remove all or any portion of the System at any time and from time to time in Tenant’s sole discretion. Without limiting the generality of the foregoing, Landlord hereby waives any statutory or common law lien that it might otherwise have in or to the System or any portion thereof.
Ownership of System. The parties acknowledge that the streetlighting systems are owned and shall be maintained as indicated in Appendix A.
