TITLE TO GENERATING FACILITIES Clause Samples

TITLE TO GENERATING FACILITIES. Throughout the duration of the Agreement, Seller or Seller’s Financing Party shall be the legal and beneficial owner of the Generating Facility at all times, and the Generating Facility shall remain the personal property of Seller or Seller’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Site. The Generating Facility shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Buyer covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Site on notice of the ownership of the Generating Facility and the legal status or classification of the Generating Facility as personal property. If there is any mortgage or fixture filing against the Site which could reasonably be construed as attaching to the Generating Facility as a fixture of the Site, Buyer shall provide, at Seller’s request, a disclaimer or release from such lien holder. If Buyer is the fee owner of the Site, Buyer consents to the filing by Seller, on behalf of Buyer, of a disclaimer of the Generating Facility as a fixture of the Site in the office where real estate records are customarily filed in the jurisdiction of the Site. If Buyer is not the fee owner, Buyer will, at Seller’s request, use commercially reasonable efforts to obtain such consent from such owner Exhibit 1 – Termination Payment Form Exhibit 2 – Description of Generating Facilities Exhibit 3 – Sites Descriptions Exhibit 4 – Base Contract Price Exhibit 5 – Expected Contract Quantity Form Exhibit 6– Form of Attestation Exhibit 7 – Insurance Requirements Exhibit 8 – Site License Exhibit 9 – Panel and Inverter Warranties Exhibit 10 – General Conditions – Financing Parties Exhibit 11 – Design and Construction Requirements 1 1-12 $6.90 2 13-24 $6.67 3 25-36 $6.44 4 37-48 $6.21 5 49-60 $5.98 6 61-72 $5.75 7 73-84 $5.52 8 85-96 $5.29 9 97-108 $5.06 ▇▇ ▇▇▇-▇▇▇ $4.83 1. An approx. 380KW solar photovoltaic roof Generating Facility, consisting of approx. of 1,357 panels, inverters, and racking, for MIL-01, located at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 2. An approx. 494KW solar photovoltaic rooftop, ground mount, and parking canopy Generating Facility for MIL-02, consisting of approx. 1,764 panels, inverters, and racking, located at ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 3. An approx. 101KW solar photovoltaic rooftop Generating Facility for MIL-05,...