Title on Delivery. Except for the Safe Harbor Systems and Safe Harbor Equipment (as to which Buyer already holds title as of the date hereof), Seller has good title to each Bloom System and each such Bloom System is free and clear of all Liens other than Permitted Liens. Seller and, to the knowledge of Seller, its subcontractors, have not placed any Liens on the Site or the Facility other than Permitted Liens. To the extent that Seller has actual knowledge that any of its subcontractors has placed any Lien on a Bloom System or the Site, then Seller shall cause such Liens to be removed or bonded over in a manner reasonably satisfactory to Buyer. Buyer, Buyer’s Lender and DPL shall be indemnified against such lien claim, unless the applicable Site Lease requires additional or more stringent action, in which case the applicable Site Lease requirements shall control.
Appears in 6 contracts
Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)
