Common use of Removal of System at Expiration Clause in Contracts

Removal of System at Expiration. Upon the expiration or earlier termination of this Agreement (provided Lessee does not exercise its purchase option), Lessor shall, at its expense (except as otherwise provided in Section 12(b)(iii)(C)), remove all of its tangible property comprising the System from the Facility on a mutually convenient date, but in no event later than ninety (90) days after the expiration of the Term (“Return Date”). Such removal shall be at Lessor’s expense unless the termination is due to a Lessee default. Excluding ordinary wear and tear, the Facility shall be returned to its original condition including the removal of System mounting pads or other support structures. In no case shall Lessor’s removal of the System affect the integrity of Lessee’s roof, which shall be as leak proof as it was prior to removal of the System and shall be flashed and/or patched to existing roof specifications. Lessor shall leave the Facility in neat and clean order. If Lessor fails to remove or commence substantial efforts to remove the System by such agreed upon date, Lessee shall have the right, at its option, to remove the System to a public warehouse and restore the Facility to its original condition (other than ordinary wear and tear) at Lessor’s cost. Lessee shall provide sufficient space for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during System removal.

Appears in 6 contracts

Samples: Solar Equipment Lease Agreement, Solar Equipment Lease Agreement, Solar Equipment Lease Agreement

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