Relocation of System. If Lessee ceases to conduct business operations at and/or vacates the Facility prior to the expiration of the Term, Lessee shall have the option to provide Lessor with a mutually agreeable substitute premises located within the same Utility district as the terminated System. Lessee shall provide written notice at least sixty (60) days but not more than one hundred eighty (180) days prior to the date that it wants to make this substitution. In connection with such substitution, Lessee shall execute an amended agreement that shall have all of the same terms as this Agreement except for the (i) Effective Date; (ii) License, which will be amended to grant rights in the real property where the System relocated to; and (iii) Term, which will be the remainder of the Term of this Agreement and such amended agreement shall be deemed to be a continuation of this Agreement without termination. Lessee shall also provide any new Lessee, owner, lessor or mortgagee consents or releases required by Lessor or Lessor’s Financing Parties in connection with the substitute facility. Lessee shall pay all costs associated with relocation of the System, including all costs and expenses incurred by or on behalf of Lessor in connection with removal of the System from the Facility and installation and testing of the System at the substitute facility and all applicable interconnection fees and expenses at the substitute facility, as well as costs of new title search and other out-of-pocket expenses connected to preserving and refiling the security interests of Lessor’s Financing Parties in the System. Lessor shall reasonably estimate the amount of Environmental Attributes and Environmental Incentives that would have been generated by the System during the period of time the System is not in operation due to the relocation and shall invoice Lessee for any associated lost or recaptured Environmental Incentives and lost sales (and penalties payments associated with the same) of associated Environmental Attributes in accordance with Section 4. Lessor shall remove the System from the vacated Facility prior to the termination of Lessee’s ownership, lease or other rights to use such Facility. Lessor will not be required to restore the Facility to its prior condition but shall promptly pay Lessee for any damage caused by Lessor during removal of the System, but not for normal wear and tear. If the substitute facility has inferior Insolation as compared to the original Facility, Lessor shall ...
Relocation of System. Customer may move or relocate the System from its then-current Installation Site only if (i) Customer provides at least thirty (30) days’ prior written notice to Neuronetics of the proposed new Installation Site, including a full description of the proposed new Installation Site and any changes in Authorized Users and/or custodian of the System, (ii) Customer receives Neuronetics’ prior written consent to any such relocation, which consent shall not be unreasonably withheld, and (iii) Neuronetics or installers approved by Neuronetics perform the relocation including packing for shipment, unpacking the shipment and installing and calibrating the System. Payment for relocation services is due prior to System relocation and will be charged at Neuronetics then-current rates.
Relocation of System. If, during the Term, Purchaser ceases to conduct business operations at the Premises or vacates the Premises; the Premises have been destroyed; or the Purchaser is otherwise unable to continue to host the System or accept the electricity delivered by the System for any other reason (other than a Default Event by Seller), Purchaser may propose in writing the relocation of the System, at Purchaser’s cost, in lieu of termination of the Agreement by Seller for a Default Event by Purchaser. If such proposal is practically feasible and preserves the economic value of the agreement for Seller, the Parties shall seek to negotiate in good faith an agreement for the relocation of the System. If the Parties are unable to reach agreement on relocation of the System within sixty (60) days after the date of receipt of Purchaser’s proposal, Seller may terminate this Agreement pursuant to Section 11(b)(ii).
Relocation of System. Purchaser shall have no option to relocate the System to substitute premises. Section 8 of the Agreement is hereby deleted in its entirety.
Relocation of System. If at any time during the term of this Agreement, Owner shall alter its common areas, public places, buildings and public ways, or otherwise require the relocation of any elements of the System, Operator, upon reasonable notice from Owner, shall relocate its wires, cable, conduit, manholes, and other fixtures at the sole expense of Owner, in accordance with Operator's customary and prevailing rates.
Relocation of System. 28 28.3 Tenant Responsibilities................................................... 28 28.4
Relocation of System. If Buyer vacates the Premise or is prevented from operating the System at the Premise prior to the expiration of the Term, Buyer shall have the option to provide Seller with a mutually agreeable substitute premise located within the same Utility district as the terminated System. Buyer shall provide written notice at least sixty (60) days but not more than one hundred eighty (180) days prior to the date that it wants to make this substitution. In connection with such substitution, Buyer shall execute an amended agreement. Buyer shall pay all costs associated with relocation of the System. Additionally, Buyer may transfer the contract to the new Premise owner / operator provided Seller approves of their credit worthiness. If Buyer is (a) unable to provide such mutually agreed substitute facility or (b) have the new Premise owner / operator assume their obligations and rights it will be treated as a default by Buyer.
Relocation of System. If Lessee ceases to conduct business operations at and/or vacates the Facility prior to the expiration of the Term, Lessee shall have the option to provide Lessor with a mutually agreeable substitute premises located within the same Utility district as the terminated System. Lessee shall provide written notice at least sixty (60) days but not more than one hundred eighty (180) days prior to the date that it wants to make this substitution. In connection with such substitution, Lessee shall execute an amended agreement that shall have all of the same terms as this Agreement except for the (i) Effective Date; (ii) License, which will be amended to grant rights in the real property where the System relocated to; and
Relocation of System. If Purchaser ceases to conduct business operations at and/or vacates the Premises or is prevented from operating the System at the Premises prior to the expiration of the Term, Purchaser shall have the option to provide Seller with a mutually agreeable substitute premises located within the same Utility district as the terminated System or in a location with similar Utility rates and Insolation. Purchaser shall provide written notice at least sixty (60) days but not more than one hundred eighty (180) days prior to the date that it wants to make this substitution. In connection with such substitution, Purchaser shall execute an amended agreement that shall have all of the same terms as this Agreement except for the (i) Effective Date;
Relocation of System. If Purchaser ceases to conduct business operations at the Facility, or otherwise vacates the Facility prior to the expiration of the Term, Purchaser shall have the option to provide Seller with a mutually agreeable substitute premises located within the same Utility district as the terminated System or in a location with similar Utility rates and Insolation, in each case reasonably acceptable to Seller. Purchaser shall provide written notice to Seller at least sixty (60) days but not more than one hundred eighty (180) days prior to the date that it wants to make this substitution. The Parties shall negotiate in good faith the terms and conditions of such System relocation, including the costs of relocation and any necessary adjustments to the Energy Rate for redesign or Insolation. Purchaser’s inability to provide a substitute facility for relocation of the System on terms acceptable to Seller will be treated as a Default Event by Purchaser pursuant to Section 15.a.iv.
