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. 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. In the event that relocation of the City Route or any portion thereof is required due to circumstances beyond the control of City, or its subcontractors, shall relocate the City Route and the User shall be required to pay for such relocation on a pro rata basis (based on the total number of ducts affected and then based on the total fiber count affected by such work) for the reasonable costs of such relocation. User will pay its portion of such costs prior to relocation of the City Route. City shall make every effort to notify the User at least sixty (60) days in advance of a planned movement or alteration of the User Fibers. City shall use its best efforts to assure that movement or alteration of the User Fibers or the City Route does not cause any interruption of operation of Users Fibers (except for such de minimis and planned interruptions of which User shall have previously been notified). Without limiting User’s obligations set forth above, City shall use reasonable efforts to recover costs of any relocation from any party that may be legally liable therefore. Except as may be caused by events of force majuere, City shall hold harmless and indemnify User against any damage to User’s property occurring as a result of City’s (or its contractors’, agents’ or employees) actions in movement or alteration of the User Fibers.
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.
Relocation of System. 28 28.3 Tenant Responsibilities................................................... 28 28.4
Relocation of System. Landlord reserves the right to require -------------------- Tenant to relocate the Generator to other areas within or about the Building during the Term at Landlord's reasonable discretion. In such event, Landlord shall reimburse Tenant for its reasonable expenses incurred in connection with any such relocation. Should Landlord request the relocation of the Generator, Landlord agrees to allow Tenant reasonable time for such relocation.
