Common use of Ownership of System Clause in Contracts

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. Throughout the Term, Seller Supplier (or its designated assignee (as permitted in Section 18assigns) shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise stated in Exhibit A)Attributes, and the System shall remain the personal property of Seller Supplier (or its permitted assigns) and shall not attach become an attachment to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Seller and Customer agree ; provided, however, that the Seller foregoing shall not limit Supplier’s right to sell, transfer or its designated assignee (as permitted under Section 18) finance the System or Environmental Attributes. Customer is the tax owner not purchasing, nor is receiving any right to, title to or benefit of, any Environmental Attributes or any other attributes associated with ownership or operation of the System and other than the electricity delivered hereunder, all tax filings and reports will be filed in a manner consistent with this Agreementof which are hereby retained by Supplier. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Neither Customer nor any other Person claiming by or through Customer shall have or obtain any right, title or interest in the System. Customer covenants that it will use commercially reasonable commercial 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 Lien upon 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 which could reasonably be construed as prospectively attaching to the System as a fixture of the Premises, Customer shall provide Supplier a disclaimer or release obtained 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 of the Facility is locatedPremises. Customer shall cooperate with Supplier to execute and cause to be filed such Uniform Commercial Code financing statements and other similar filings as Supplier may reasonably request in order to confirm and protect Supplier’s ownership of the System.

Ownership of System. Throughout the Term, Seller or its designated assignee Term (except as otherwise permitted in Section 18) 20), Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise stated in specified on Exhibit A1), 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 Purchaser agree that the Seller (or its the designated assignee (as of Seller permitted under Section 1820) 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 Purchaser 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, 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 which could reasonably be construed as prospectively attaching to the System as a fixture of the Premises, Customer Purchaser shall provide a disclaimer or release from such lienholder. If Customer Purchaser is the fee owner of the Premises, Customer Purchaser 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.