Removal of Project Sample Clauses

Removal of Project. The Lessor is the owner of the Project Equipment subject to security interests of others. The Plant Equipment shall not be removed from the Project without the prior written consent of the Lessor, subject to the rights of holders of security interests in such Plant Equipment prior to acquisition by the Lessor. The Lessor shall not be under any obligation to renew, repair or replace any item of inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary equipment, fixtures or furnishings comprising a part of the Project that has become such despite reasonable maintenance. In any instance where the Lessee, with the reasonable concurrence of the Lessor in its sound discretion determines that any items of the Project have become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary, the Lessee may, with the prior written consent of the Lessor remove such items of the Project and (on behalf of the Lessor) sell, trade-in, exchange or otherwise dispose of them (as a whole or in part) provided that any amounts collected in connection therewith shall be used to prepay base rent under Section 4.03(b) hereof in inverse order of payments. The removal of any portion of the Project pursuant to the provisions of this Section shall not entitle the Lessee to any abatement or diminution of the rents payable under Section 4.03 hereof.
Sample 1
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Removal of Project. The Borrowers shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary portions of the Project. The Borrowers shall have the privilege from time to time of substituting property for any portion of the Project; provided that the property so substituted shall be of a value not less than the value of the portion of the Project replaced and shall not make the Project unsuitable for the Project Purposes. Any such substitute property shall become part of the Project for purposes of this Loan Agreement.
Sample 1
Removal of Project. If it becomes necessary to remove an animal project, the owner will have 5 days to remove it. If the animal is not removed by this time, it will be taken by the authorized agent of the school administration and marketed at the owner’s expense at the nearest commercial livestock market. All monies collected for the sale of the animal will be property of the FFA chapter. The student will still be responsible for any unpaid fees.
Sample 1
Removal of Project. The TDD Bonds Beneficiary shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary portions of the Project. The TDD Bonds Beneficiary shall have the privilege from time to time of substituting machinery, equipment and related property for any portion of the Project; provided that the machinery and equipment so substituted shall be of a value not less than the value of the machinery or equipment replaced and shall not make the Project unsuitable for the Project Purposes, and provided that such equipment shall constitute Mortgaged Property as defined in the Mortgage. Any such substitute machinery and equipment shall become part of the Project for purposes of this Loan Agreement. In the event such substitutions exceed $250,000 in any calendar year, the TDD Bonds Beneficiary shall promptly notify the Director and the Trustee of any such substitutions of machinery or equipment, which notice shall include a description of the substituted machinery or equipment. The TDD Bonds Beneficiary shall also have the privilege of removing any portion of the Project, without substitution therefor; provided, that the TDD Bonds Beneficiary shall pay to the Director a sum equal to the then value of the portion of the Project removed, as determined by an Independent Engineer selected by the TDD Bonds Beneficiary, and so long as any of the Bonds remain outstanding, the TDD Bonds Beneficiary shall pay such amounts directly to the Trustee for deposit in the Collateral Proceeds Account and shall deliver to the Borrower, the TDD Trustee, the Director and the Trustee a certificate signed by said Independent Engineer setting forth the value of the portion of the Project removed and stating that the removal of thereof will not make the Project unsuitable for the Project Purposes. The Director agrees to execute and deliver such documents as the TDD Bonds Beneficiary may properly request in connection with any action taken by the TDD Bonds Beneficiary in conformity with this Section 5.2. The removal of a portion of the Project pursuant to the provisions of this Section shall not entitle the TDD Bonds Beneficiary to any abatement or diminution of the amounts payable under Section 4.2 or 4.3 hereof.
Sample 1
Removal of Project. The City shall have, and is hereby granted, the option at any time and from time to time during the term of this Project Lease to remove from this Project Lease any portion of the Site or the Improvements; provided that the City shall satisfy all of the following requirements which are hereby declared to be conditions precedent to such removal: (a) No event of default has occurred and is continuing under this Project Lease; (b) The City shall file with the Authority and the Trustee an amended Exhibit A to this Project Lease which deletes the legal description of such Site or Improvements; (c) The City shall cause to be recorded in the Office of the Santa Xxxxx County Recorder a copy of this Project Lease containing such amended Exhibit A, or a memorandum of this Project Lease reflecting such amendment to Exhibit A; and (d) The City shall cause to be filed with the Trustee an Opinion of Bond Counsel substantially to the effect that such removal will not affect the obligation of the City to continue to pay Base Rental payments in the amounts and at the times and in the manner required by the Project Lease; (e) The City shall file with the Authority and the Trustee a certificate of the City stating that the annual fair rental value of the Project, taken into consideration the removal of a portion of the Site or the Improvements, is no less than the maximum annual Base Rental and Additional Rental remaining unpaid hereunder at the time of such removal; and (f) Evidence that the City has provided written notification regarding the removal to each Rating Agency then maintaining a rating on the Bonds not less then fifteen (15) days prior to such removal.
Sample 1
Removal of Project. Upon the expiration of each Project Term or earlier termination of a Project or this Agreement, Seller shall, at its expense (unless expressly provided otherwise in this Agreement), remove all of the tangible property comprising each such Project from the applicable Project Site with a targeted completion date that is no later than 90 days after the expiration of the applicable Project Term (the “Removal Date”), Seller shall ensure that the portion of the Project Site where a Project is located be returned to substantially its original condition (excluding ordinary wear and tear), including the removal of the Project’s mounting pads or other support structures, and repair and restoration of the roof and the roof membrane. If the Project is installed on the roof of an Improvement, Seller’s warranties under Section 14.c.i shall apply, as applicable. Purchaser must provide sufficient access, space, and cooperation as reasonably necessary to facilitate Project removal. If Seller fails to remove or commence substantial efforts to remove a Project by such agreed upon date, Purchaser may, at its option, remove the Project to a public warehouse and restore the Project Site to its original condition (other than ordinary wear and tear) at Seller’s sole expense, the costs related to which Seller shall reimburse Purchaser within 30 days of receipt of an invoice thereof.‌
Sample 1

Related to Removal of Project

  • Removal of Property Upon expiration or earlier termination of this Lease, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building, shall become the property of Landlord and shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

  • Removal of Improvements Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.

  • Removal of Fixtures (a) So long as the Tenant is not in default hereunder at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof. (b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof. (c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. (d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant. (e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.

  • SURRENDER OF PREMISES; REMOVAL OF PROPERTY Upon the Expiration Date or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order, condition and repair as when received or as hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all personal property and debris, except for any items that Landlord may by written authorization allow to remain. Tenant shall repair all damage to the Premises resulting from the removal, which repair shall include the patching and filling of holes and repair of structural damage, provided that Landlord may instead elect to repair any structural damage at Tenant's expense. If Tenant shall fail to comply with the provisions of this Section, Landlord may effect the removal and/or make any repairs, and the cost to Landlord shall be additional rent payable by Tenant upon demand. If Tenant fails to remove Tenant's personal property from the Premises upon the expiration of the Term, Landlord may remove, store, dispose of and/or retain such personal property, at Landlord's option, in accordance with then applicable laws, all at the expense of Tenant. If requested by Landlord, Tenant shall execute, acknowledge and deliver to Landlord an instrument in writing releasing and quitclaiming to Landlord all right, title and interest of Tenant in the Premises.

  • Removal of Alterations If Tenant fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any Alterations identified by Landlord for removal, Landlord may, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or Alterations as abandoned and, at Tenant's sole cost and expense, and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

  • Removal of Equipment Subject, always, to the other terms and provisions of this Fee Agreement, the Company and any Sponsor Affiliates shall be entitled to remove and dispose of components of the Project from the Project in its sole discretion with the result that said components shall no longer be considered a part of the Project and, to the extent such constitute Economic Development Property, shall no longer be subject to the terms of this Fee Agreement. Economic Development Property is disposed of only when it is scrapped or sold or removed from the Project. If it is removed from the Project, it is subject to ad valorem property taxes to the extent the Property remains in the State and is otherwise subject to ad valorem property taxes.

  • Removal of Materials If you decide you would like to remove your Materials from the Service, you may provide written notice to Prime Publishing by either deleting the image through the Prime Publishing interface or by contacting Prime Publishing customer service, and Prime Publishing will remove such Materials from the Service within a reasonable period of time. 5) License for Name, Trademarks and Likenesses. You hereby grant to Prime Publishing, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant Prime Publishing, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials. 6) Specifications and Guidelines. You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the Prime Publishing web site or of which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future. 7)

  • Removal of Personal Property Seller shall remove from the Property by the Possession Date all debris and Seller’s personal property not conveyed by Xxxx of Sale to Buyer.

  • Provision and Removal of Equipment B2.1 The Contractor shall provide all the Equipment necessary for the supply of the Services.

  • Removal of Liens Provider shall not directly or indirectly cause, create, incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics’, laborers’ or materialmen’s liens), charge, security interest, encumbrance or claim of any nature (“Liens”) on or with respect to the Site or any interest therein; provided that this Section 7.1.3 shall not limit Liens on the System. If Provider breaches its obligations under this Section, it shall immediately notify Customer in writing, shall promptly cause such Lien to be discharged and released of record without cost to Customer, and shall defend and indemnify Customer against all costs and expenses (including reasonable attorneys’ fees and court costs at trial and on appeal) incurred in discharging and releasing such Lien.

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