Common use of Title to Parts Clause in Contracts

Title to Parts. (i) Title to all Parts and Alterations incorporated or installed in or attached to the Facility shall without further act vest in the Owner-Trustee free and clear of all Liens (other than Permitted Encumbrances) and shall be deemed to constitute a part of the Facility and be subject to this Lease in the following cases: (A) such Part or Alteration is in replacement of or in substitution for, and not in addition to, any Part constituting a part of the Facility at the time of the acceptance thereof hereunder or any such original part; (B) such Part or Alteration is required to be incorporated or installed in or attached to the Facility pursuant to the terms of paragraphs (a), (c) or (d) of this Section; or (C) such Part or Alteration cannot be readily removed from the Facility without (1) impairing the continuing operation of the Facility in accordance with its original functional purpose, (2) materially damaging the Facility, or (3) materially diminishing the value of the Facility or diminishing the utility, condition, remaining economic useful life or estimated residual value, below the value, utility, condition, remaining economic useful life and estimated residual value thereof immediately prior to such removal, assuming that the Facility was then in the condition required to be maintained by the terms of this Lease and (except in the case of a Part or Alteration referred to in clause (A) or (B) above) such Part had not been added, or such Alteration made, to the Facility. (ii) Title to any other Parts and Alterations shall remain with the Lessee and such Parts and Alterations shall not be deemed to constitute part of the Facility in determining either the fair market sales value or the fair market rental value of the Facility; PROVIDED, HOWEVER, that any such part which is not removed by the Lessee prior to the termination of this Lease shall become the property of the Owner-Trustee.

Title to Parts. (i) Title to all Parts and Alterations (other than the CLO2 System and the CLO2 System Prior to Completion, the disposition of each of which shall be governed by Section 8(i)) incorporated or installed in or attached to the Facility shall without further act vest in the Owner-Owner Trustee free and clear of all Liens (other than Permitted Encumbrances) and shall be deemed to constitute a part of the Facility and be subject to this Lease in the following cases: (A) such Part or Alteration is in replacement of or in substitution for, and not in addition to, any Part constituting a part of the Facility at the time of the acceptance thereof hereunder or any such original part; (B) such Part or Alteration is required to be incorporated or installed in or attached to the Facility pursuant to the terms of paragraphs (a), (c) or (d) of this SectionSection 8; or (C) such Part or Alteration cannot be readily removed from the Facility without (1) impairing the continuing operation of the Facility in accordance with its original functional purpose, (2) materially damaging the Facility, or (3) materially diminishing the value of the Facility or diminishing the utility, condition, remaining economic useful life or estimated residual value, below the value, utility, condition, remaining economic useful life and estimated residual value thereof immediately prior to such removal, assuming that the Facility was then in the condition required to be maintained by the terms of this Lease and (except in the case of a Part or Alteration referred to in clause (A) or (B) above) such Part had not been added, or such Alteration made, to the Facility. (ii) Title to any other Parts and Alterations (other than the CLO2 System or the CLO2 System Prior to Completion, the disposition of each of which shall be governed by Section 8(i)) shall remain with the Lessee and such Parts and Alterations shall not be deemed to constitute part of the Facility in determining either the fair market sales value Fair Market Sales Value or the fair market rental value Fair Market Rental Value of the Facility; PROVIDEDprovided, HOWEVERhowever, that any such part which is not removed by the Lessee prior to the termination of this Lease shall become the property of the Owner-Owner Trustee.

Title to Parts. (i) Title to all Parts and Alterations incorporated or installed in or attached to the Facility shall without further act vest in the Owner-Owner Trustee free and clear of all Liens (other than Permitted Encumbrances) and shall be deemed to constitute a part of the Facility and be subject to this Lease in the following cases: (A) such Part or Alteration is in replacement of or in substitution for, and not in addition to, any Part constituting a part of the Facility at the time of the acceptance thereof hereunder or any such original part; (B) such Part or Alteration is required to be incorporated or installed in or attached to the Facility pursuant to the terms of paragraphs (a), (c) or (d) of this SectionSection 8; or (C) such Part or Alteration cannot be readily removed from the Facility without (1) impairing the continuing operation of the Facility in accordance with its original functional purpose, (2) materially damaging the Facility, or (3) materially diminishing the value of the Facility or diminishing the utility, condition, remaining economic useful life or estimated residual value, below the value, utility, condition, remaining economic useful life and estimated residual value thereof immediately prior to such removal, assuming that the Facility was then in the condition required to be maintained by the terms of this Lease and (except in the case of a Part or Alteration referred to in clause (A) or (B) above) such Part had not been added, or such Alteration made, to the Facility. (ii) Title to any other Parts and Alterations shall remain with the Lessee and such Parts and Alterations shall not be deemed to constitute part of the Facility in determining either the fair market sales value Fair Market Sales Value or the fair market rental value Fair Market Rental Value of the Facility; PROVIDEDprovided, HOWEVERhowever, that any such part which is not removed by the Lessee prior to the termination of this Lease shall become the property of the Owner-Owner Trustee.