Removal of Project. If it becomes necessary to remove an animal project, the owner will have 3 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. The remainder of the money from the sale of the animal will be sent to the owner after deductions for any outstanding balances owed to the FFA chapter.
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.
Removal of Project. The Company 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 Company 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.
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.
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.
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:
