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 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.