Removal of System. Upon the expiration or earlier termination of this Agreement, including a termination by Seller due to a Change in Law, and provided that Customer does not exercise its purchase option pursuant to Section 15(b), Seller shall, at its expense, remove all of its tangible property constituting the System (but excluding any buried or underground conduit and conductors) from the Facility within 120 days of the expiration or termination of the Agreement (“Removal Deadline”). 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 (but excluding any buried or underground conduit and conductors). Customer 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 such other facilities reasonably necessary during System removal. If applicable, Seller’s removal of the System shall be performed in a manner so as not to affect the integrity of Customer’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. Fill and properly compact all voids and restore grounds to match and blend with adjacent finishes and appearance. For parking and shade structures, Seller shall remove the System in its entirety, including the first 6” of foundation below grade. Seller shall leave the Facility and Premises in neat and clean condition. If Seller fails to remove or commence substantial efforts to remove the System by the Removal Deadline, Customer shall have the right, at its option, (i) to remove the System and restore the Facility to its original condition (other than ordinary wear and tear) at Seller’s cost, or (ii) to consider the System abandoned, in which case, upon Customer’s notice to Seller, Seller shall transfer title to the System to Customer.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
