Removal of Facility. Customer shall immediately notify Rocky Mountain Power if Customer removes or ceases to operate the Net Metering Facility.
Removal of Facility. If after the Effective Date any Facility is to be Disposed of, Closed or become Non-Controlled, Sysco Corporation shall use commercially reasonable efforts to give six (6) months prior written notice thereof to EESI, and this Agreement shall terminate as to such Facility effective on the date such Facility is Disposed of, Closed or becomes Non-Controlled, provided, such termination shall not relieve the Sysco Parties or EESI of any obligations under this Agreement that are attributable to such Facility as to periods prior to such termination. With respect to each Facility as to which this Agreement terminates pursuant to this Section 3.5, and for which no substitute facility qualifies as a Substituted Facility under Section 3.6, EESI shall calculate the financial impact of such termination by calculating the Early Termination Payment as set forth in Section 3.3.1 applicable to such Facility. If the amount so calculated is a net Loss, Sysco Corporation shall pay that amount to EESI, and if such amount is a net Gain, EESI shall pay that amount to Sysco Corporation, such payments to be made as set forth in Section 3.3.3. For the avoidance of doubt, any Facility for which an Early Termination Payment has been made pursuant to this Section 3.5, shall not be included in the calculation of the Early Termination Payment under Section 3.3.1 as a result of an Event of Default.
Removal of Facility. If the Facility is no longer required by the Tenant, or should the Property be surrendered by the Tenant, or this lease is terminated by the Tenant, the Tenant may, at its sole option, as soon as practicable under the circumstances, take down, dismantle and remove the Facility and repair any damage caused by such removal. In the event of such complete surrender or termination, the Landlord shall provide such access as is reasonably required by Tenant to expedite such removal. The Tenant shall have the right at any time throughout the Term to remove any or all of the Facility or the Tenant’s Property from the Property.
Removal of Facility. If after the Effective Date any Facility is to be Disposed of, Closed or become Non-Controlled (the “Closed Facility”), Sysco Corporation shall use commercially reasonable efforts to give six (6) months prior written notice thereof to EESI, and this Agreement shall terminate as to the Closed Facility effective on the date such Facility is Disposed of, Closed or becomes Non-Controlled (the “Facility Closing Date”) provided, such termination shall not relieve the Sysco Parties or EESI of any obligations under this Agreement that are attributable to such Facility as to periods prior to such termination. Except as provided, below, Tthe Closed Facility shall be deemed to be deleted from Schedule A, Exhibit B and Schedule 2.0 effective as of the Facility Closing Date. With respect to the Anticipated Usage corresponding to the Closed Facility, Sysco Corporation, in its sole discretion, may elect at any time after submitting written notice to EESI, but not less than thirty (30) days prior to, nor more than twenty four (24) months after, the Facility Closing Date to remove the Closed Facility’s Anticipated Usage from Schedule 2.0. In the event Sysco Corporation elects this option, EESI shall calculate the financial impact of such action by calculating the Early Termination Payment as set forth in Section 3.3.1 as applicable to such Closed Facility and as if EESI were the Non-Defaulting Party solely for the purposes of the calculation. If the amount so calculated is a net Loss to EESI, Sysco Corporation shall pay the Early Termination Payment to EESI and if such amount is a net Gain to EESI, EESI shall pay the Early Termination Payment to Sysco Corporation. Any such payments shall be made within the time frames for payment set forth in Section 3.3.3. In the event Sysco Corporation does not elect this option, the Deficiency Usage shall be calculated pursuant to Section 2.2.2 and Sysco Corporation shall pay the resulting Deficiency Usage in the applicable Facility Group, if any, until such time as the Sysco Parties decide to make such election or elect to substitute a fFacility pursuant to Section 3.6. If Sysco Corporation has not made such election or substituted a Substitute Facility within twenty-four (24) months after the Facility Closing Date, then Sysco Corporation will be deemed to have made such election to remove the Closed Facility’s Anticipated Usage from Schedule 2.0 pursuant to this Section.
Removal of Facility. In the event that Western Dakota is for any reason unable to fulfill the provision of this Agreement providing that it shall make available the property on which the Burn Building Facility is located, the facility shall remain the property of the City, and Western Dakota shall be responsible for funding all of the costs associated with the removal of the facility and the reconstruction of the facility at a different location.
Removal of Facility. Where the Partner fails to comply with this agreement and the Recipient notifies the Partner in writing such failure shall be deemed a default if not rectified within thirty (30) business days by the Partner under this Agreement and following the Partner’s failure to rectify said default in accordance with this section, the Recipient may, in addition to any remedies available to it under this Agreement or in law, and consultation/approval with the Province of Ontario seize the Facility and remove same from the Premises at the sole cost of the Partner.
Removal of Facility. Customer-Generator shall immediately notify Pacific Power if Customer- Generator removes or ceases to operate the Facility.
Removal of Facility. Unless purchased by the Borough, Seller will remove the Facility at the end of the Term or upon termination of the Agreement and return the Site to its pre-installation condition. Seller shall, at Seller’s sole cost and expense, repair any damage to the Site caused by the installation of the Facility, the operation of the Facility, or Seller’s removal of the Facility.
Removal of Facility. Upon permanent cessation of generation of Renewable Energy from the Facility, Seller shall decommission the Facility, remove the Facility and remediate the Site as, if and when required by law.
Removal of Facility. If Rocky Mountain shall have purchased the ------------------- Facility but not the Land, then upon expiration or termination of the Lease Term, the Facility may, at Rocky Mountain's option, be removed from the Land in the same manner as provide in paragraph 15.2 for removal from the Facility of trade fixtures and equipment. Unless Rocky Mountain shall have purchased the Land as herein provided, any property of any nature whatsoever of Rocky Mountain which is not removed on or before the latest date provided for removal under this section 15 shall conclusively be deemed to have been abandoned by Rocky Mountain and all right, title, and interest of Rocky Mountain in such property shall thereby pass irrevocably to Thermo, which may then use or dispose of such property as Thermo sees fit. In the event the Facility is so removed by Rocky Mountain, Rocky Mountain shall prepare the Land, as reasonably required by Thermo, for commercial or industrial redevelopment.
