Title to System. Owner, or Owner's permitted assigns, shall at all times retain title to and be the legal and beneficial owner of the System, including the right to any tax credits available under federal or state law, and the System shall remain the property of Owner or Owner's assigns. Owner shall not transfer title to another entity without prior written notification to Utility and written Utility approval, which approval shall not be unreasonably withheld, or except as provided in Section 11.3.
Title to System. Provider, or Provider’s permitted assigns with respect to the System, shall at all times retain title to and be the legal and beneficial owner of the System, including the right to any tax credits available under federal or state law, and the System shall remain the property of Provider or Provider’s assigns. The System shall remain the personal property of Provider or Provider’s assigns and shall not attach to or be deemed a part of, or fixture to, the Site. It is the Parties’ intention that the System shall at all times retain the legal status of personal property. Provider shall be entitled to, and is hereby authorized to, file one or more precautionary Uniform Commercial Code financing statements with the California Secretary of State with respect to the System in order to protect its rights in the System, provided that no such UCC financing statement shall name Customer as the debtor. The System shall be clearly marked and identified as being the property of the Provider or Provider’s assigns. The Parties intend that neither Customer nor any party related to Customer shall acquire the right to operate the System or be deemed to operate the System.
Title to System. Throughout the duration of the Agreement, Provider or Provider’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of Provider or Provider’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at Provider’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents to the filing by Provider, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at Provider’s request, use commercially reasonable efforts to obtain such consent from such owner.
Title to System. Subject to Judicial Council’s right to acquire the System upon Licensee’s default, Licensee, System Lessor, or their permitted assigns with respect to the System, shall at all times retain title to and be the legal and beneficial owner of the System, including the right to any tax credits available under federal or State law. The Judicial Council and Licensee, acknowledge and agree that the System shall remain the personal property of Licensee, System Lessor, or their permitted assigns and shall not attach to or be deemed a part of, or fixture to, the Licensed Area or Site; and that the System shall at all times retain the legal status of personal property. The System shall be clearly marked and identified by Licensee as being the personal property of Licensee, System Lessor, or their permitted assigns.
Title to System. Licensee has leased the System to the Judicial Council pursuant to the terms of the Lease. Subject to Judicial Council’s right to acquire the System upon Licensee’s default, Licensee, System Lessor, or their permitted assigns with respect to the System, shall at all times retain title to and be the legal and beneficial owner of the System, including the right to any tax credits available under federal or State law. The Judicial Council and Licensee, acknowledge and agree that the System shall remain the personal property of Licensee, System Lessor, or their permitted assigns and shall not attach to or be deemed a part of, or fixture to, the Licensed Area or Site; and that the System shall at all times retain the legal status of personal property. The System shall be clearly marked and identified by Licensee as being the personal property of Licensee, System Lessor or their permitted assigns.
Title to System. Subject to the rights provided to the Town pursuant to other terms hereof, the System and all alterations, additions, improvements or installations made thereto by Entity Name and all Entity Name property used in connection with the installation, operation and maintenance of the System is, and shall remain, the personal property of Entity Name (“Entity Name Property”). In no event shall any Entity Name Property be deemed a fixture, nor shall the Town, nor anyone claiming by, through or under the Town (including but not limited to any present or future mortgagee of the Premises) have any rights in or to the Entity Name Property at any time except as otherwise provided herein. Except as provided otherwise herein, the Town shall have no ownership or other interest in the System or any System Assets or other equipment or personal property of Entity Name installed on the Premises, and Entity Name may remove all or any portion of the System or any System Assets at any time and from time to time as further provided in and subject to, this Agreement. Without limiting the generality of the foregoing, Town hereby waives any statutory or common law lien that it might otherwise have in or to the System and other System Assets or any portion thereof, but such waiver shall not extend to claims by the Town in the System Assets based upon a default by Entity Name hereunder.
Title to System. Throughout the Term, Operator or Operator’s Financing Party is the legal and beneficial owner of the System at all times, and the System will remain the personal property of Operator or Operator’s Financing Party.
Title to System. Throughout the duration of the Agreement, Provider or Provider’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of Provider or Provider’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises, unless and until ownership of the System(s) has been transferred to Purchaser pursuant to the terms of this Agreement.. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at Provider’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents to the filing by Provider, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at Provider’s request, use commercially reasonable efforts to obtain such consent from such owner.
Title to System. Subject to Purchaser’s exercise of its purchase option under Section 2.3, throughout the Term, Provider or Provider’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of Provider or Provider’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at Provider’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser agrees to file, at the request of Provider and at Provider’ sole expense, a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at Provider’s request, use commercially reasonable efforts to obtain such agreement to file from such owner or consent of such owner to have Provider make such filing on its behalf; provided that such filing will be made at Provider’s request and at Provider’s sole expense.
Title to System. Subject to the rights provided to User pursuant to other terms hereof, the System and all alterations, additions, improvements or installations made thereto by Owner and all Owner property used in connection with the installation, operation and maintenance of the System is, and shall remain, the personal property of Owner (“Owner Property”). In no event shall any Owner Property be deemed a fixture, nor shall User, nor anyone claiming by, through or under User (including but not limited to any present or future mortgagee of the Premises) have any rights in or to the Owner Property at any time except as otherwise provided herein. User shall have no ownership or other interest in the System or any System Assets or other equipment or personal property of Owner installed on the Premises, and Owner may remove all or any portion of the System or any System Assets at any time and from time to time as further provided in the Agreement. Without limiting the generality of the foregoing, User hereby waives any statutory or common law lien that it might otherwise have in or to the System and other System Assets or any portion thereof.
