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.
Appears in 3 contracts
Samples: Solar Lease Agreement, Solar Lease Agreement, Solar Lease Agreement
Title to System. Subject to the rights expressly provided to the Town pursuant to other terms hereofthis Agreement, the System and all alterations, additions, improvements or installations made thereto by Entity Name Lessee and all Entity Name Lessee property used in connection with the installation, operation and maintenance of the System is, and shall remain, the personal property of Entity Name Lessee (“Entity Name Lessee Property”). In no event shall any Entity Name Lessee 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 any Lessee Property at any time except as otherwise expressly provided herein. Except as expressly provided otherwise herein, the Town shall have no ownership or other interest in the System or any System, System Assets or Lessee Property or other equipment or personal property of Entity Name Lessee installed on the Premises, and Entity Name Lessee may remove all or any portion of the System or any System, System Assets or Lessee Property 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 System, other System Assets and Lessee Property 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 hereunderLessee hereunder to the extent this Agreement expressly grants the Town certain rights in respect thereof.
Appears in 1 contract
Samples: Option and Solar Lease Agreement