Replacement of Components. In the ordinary course of maintenance, service, repair or testing of the Facility or any Component, the Facility Lessee, at its own cost and expense, may remove or cause or permit to be removed from the Facility any Component; PROVIDED, HOWEVER, that the Facility Lessee shall (a) cause any such Component to be replaced as soon as commercially practicable by a replacement Component which shall be free and clear of all Liens (other than Permitted Encumbrances) and which shall be in as good an operating condition as and shall have a current and residual value, remaining economic useful life and utility at least equal to that of the Component replaced, assuming such replaced Component was maintained in accordance with the terms of this Facility Lease, and (b) cause such replacement to be performed in a manner that does not diminish the current value, residual value, utility or remaining economic useful life of the Facility by more than a de minimis amount (as measured immediately prior to such replacement, assuming the Facility is, at such time, in the condition required by the terms of this Facility Lease) or cause the Facility to become "limited use property" within the meaning of Rev. Proc. 2001-28, 2001-19 IRB 1156 or Rev. Proc. 2001-29, 2001-19 IRB 1160 (each such replacement Component being herein referred to as a "REPLACEMENT COMPONENT"). An undivided interest equal to the Owner Lessor's Percentage in each Component at any time removed from the Facility shall remain subject to this Facility Lease, wherever located, until such time as such Component shall be replaced by a Replacement Component which has been incorporated in the Facility and which meets the requirements for Replacement Components specified above. Immediately upon any Replacement Component becoming incorporated in the Facility, without further act (and at no cost to the Owner Lessor and with no adjustment to the Purchase Price, Basic Lease Rent, Renewal Rent, Proportional Rent, Allocated Rent, Lessor Section 467 Loan Balance, Lessee Section 467 Loan Balance, Lessor Section 467 Interest, Lessee Section 467 Interest or Termination Values), (i) the replaced Component shall no longer be subject to this Facility Lease, (ii) title to the Owner Lessor's undivided interest equal to the Owner Lessor's Percentage in the removed Component shall thereupon vest in the Facility Lessee or such other Person as shall be designated by the Facility Lessee, free and clear of all rights of the Owner Lessor and...
Replacement of Components. Replacement components and Materials must be of similar or better quality than the components replaced, considering energy efficiency, operational characteristics, power quality, control and Data acquisition, maintainability, and durability. The Project Manager may require replacement of components with components from the same manufacturer to maintain consistency throughout a Facility.
Replacement of Components. Replacement components and Materials must be of similar or better quality than the components replaced, considering energy efficiency, operational characteristics, power quality, control and Data acquisition, maintainability, and durability. The Project Manager may require replacement of components with components from the same manufacturer to maintain consistency throughout a Facility. Purchases. The Contractor shall purchase and manage all Materials and equipment to be used in the performance of this Agreement. The Contractor shall purchase all Materials and equipment consistent with sound business practices, which should result in the best value for the Judicial Council. The Contractor will be required to demonstrate that the source of the purchase is in the best interest of the Judicial Council based on cost, delivery date, and quality of Material/services provided. All purchasing records of the Contractor for Material used in the performance of the Agreement will be available for review by the Judicial Council upon request. Full title of Material purchased and installed by contractor, shall transfer to the Judicial Council.
Replacement of Components. If and to the extent required by paragraph (a) above and in compliance with the Lessee's covenant and agreement thereunder, UNLESS prohibited by applicable Governmental Rule, the Lessee, at its sole expense, will promptly replace each necessary and useful Component, the replacement of which shall be required in accordance with Prudent Utility Practice (each replacement of a Component being herein referred to as a REPLACEMENT COMPONENT), which may from time to time be incorporated in the Transmission System and which may from time to time fail to function in accordance with its intended use, or become worn out, destroyed, damaged beyond repair, lost, condemned, confiscated, stolen or seized for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, the Lessee may remove any Component; PROVIDED, HOWEVER, that the Lessee shall cause such Component to be replaced by a Replacement Component as promptly as practicable and, subject to this paragraph (c), the Lessee shall be entitled to retain the entire amount of the net proceeds of (including the Undivided Interest in the net proceeds of) any sale or disposition of such removed Component. Each Replacement Component shall be free and clear of all Liens EXCEPT Permitted Liens and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Component replaced, assuming such replaced Component was in at least the condition and repair required to be maintained under paragraph (a) above. The Undivided Interest in each Component at any time removed from the Transmission System shall remain the property of the Lessor, no matter where located, until such time as such Component shall be replaced by a Replacement Component which has been incorporated in the Transmission System (including the Undivided Interest) and which meets the requirements for Replacement Components specified above. Immediately upon any Replacement Component becoming incorporated in the Transmission System, without further act, (i) title to an Undivided Interest in the removed Component shall thereupon vest in the Lessee or such other Person as shall be designated by the Lessee, free and clear of all rights of the Lessor, the Indenture Trustee or the Collateral Trust Trustee, (ii) title to an undivided interest in such Replacement Component, the percentage of which shall be equal to the Lessor's Share, shall thereupon vest in the Lessor and (iii) such undivided int...
Replacement of Components. When in the course of furnishing support services hereunder, Davox determines it necessary to remove a defective or non-operating component to the Equipment and replace it with a functioning component, the replacement component shall become the property of Customer and the removed component shall become the property of Davox.
Replacement of Components. (a) In the ordinary course of maintenance, service, repair or testing, the Lessee, at its own expense, may remove or cause to be removed from the Facility any Component; provided, however, that the Lessee shall cause such Component to be replaced by a replacement Component which shall be free and clear of all Liens (except Permitted Liens) and shall be in as good operating condition as, and shall have a current fair market value, residual value, remaining useful life and utility at least equal to that of
Replacement of Components. Borrower, at its sole cost and expense, shall, with reasonable promptness, replace all necessary and advisable components of the Facility that may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever, to the extent that replacement of such components is not the responsibility of Contractor or Operator under the Turnkey Contract or O&M Contract, respectively (such replacements by Borrower being referred to herein as "Replacement Components"). Except as otherwise permitted herein, all Replacement Components shall be free and clear of all liens and rights of others and shall be in as good operating condition as, and shall have a productive capacity, value, utility and remaining useful life at least equal to, the components replaced and shall be in the condition and repair required to be maintained by the terms hereof.
Replacement of Components. In the ordinary course of maintenance, service, repair or testing of the Facility or any Component, the Facility Lessee or the Operator, at its own cost and expense, may remove or cause or permit to be removed from the Facility any Component; provided, however, that the Facility Lessee shall (a) cause such Component to be replaced by a replacement Component which shall be free and clear of all Liens (except Permitted Liens) and in as good operating condition as the Component replaced, assuming that the Component replaced was maintained in accordance with this Facility Lease, and assuming the Facility shall then be in the condition required to have been maintained by the terms of this Facility Lease (each such replacement Component being herein referred to as a "Replacement Component") and (b) cause such replacement to be performed in a manner which does not Shawville Facility Lease 13
Replacement of Components. In the ordinary course of maintenance, service, repair or testing of the Facility or any Component, the Facility Lessee or the Operator, at its own cost and expense, may remove or cause or permit to be removed from the Facility any Component; provided, however, that the Facility Lessee shall exercise all rights, powers, elections and options available to it or any of its Affiliates under the Owners Agreement to (a) cause such Component to be replaced by a replacement Component which shall be free and HOUOI :587603.2 Conemaugh Facility Lease 14
Replacement of Components. In the ordinary course of maintenance, service, repair or testing, the Facility Lessee or the Operator, at its own cost and expense, may remove or cause or permit to be removed from the Facility any Component; provided, however, that the Facility Lessee shall exercise all rights, powers, elections and options available to it under the Project Agreements to (a) cause such Component to be replaced by a replacement Component which shall be free and clear of all Liens (except Permitted Liens) and in as good operating condition as the Component replaced, assuming that the Component replaced was maintained in accordance with this Facility Lease (each such replacement Component being herein referred to as a "Replacement Component") and (b) cause such replacement to be performed in a manner which does not diminish the current or residual value, remaining useful life or utility of the Facility by more than a de minimis amount below the current or residual value, the remaining useful life or the utility thereof immediately prior to such replacement or cause the Facility to become "limited-use" property within the meaning of Rev. Proc. 75-28, 1975-1 C.B. 752 or Rev. Proc. 76-30, 1976-2 C.B. 647. If any Component to the Facility an undivided interest in which is subject to this Facility Lease, is at any time removed from the Facility, such undivided interest in the Component shall remain subject to this Facility Lease, wherever located, until such time as such Component shall be replaced by a Replacement Component which has been incorporated in the Facility and which meets the requirements for
