Title to the System. Throughout the duration of the Agreement, SPD shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of the SPD and shall not attach to or be deemed a part of, or fixture to, the Premises. Buying Entity covenants that it will use its best efforts to place all parties having an interest in or lien or encumbrance upon the real property comprising the Premises on notice of the ownership of the System and the legal status the System as the personal property of the SPD. If there is any mortgage or other security interest created or granted upon the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Buying Entity shall procure, at the SPD’s request, a release from such lien holders.
Title to the System. 9.1. Notwithstanding delivery, installation, passing of risk and System Service Date, title to the System shall not pass to CTI but shall be retained by CTL until the full Contract Sum has been received by CTL from CTI.
9.2. Until such time as title in the System has passed to CTI, CTL:
9.2.1. shall be entitled to repossess at any time any of the System title in which remains vested in CTL;
9.2.2. for such purpose CTL or any of its agents or authorized representatives shall be entitled at any time and without notice to enter upon any premises in which the System or any part thereof is installed, stored or kept, or is reasonably believed so to be; *CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
9.2.3. shall be entitled to seek a Court injunction to prevent CTI from selling, transferring or otherwise disposing of said System.
9.3. Until such time as title in the System has passed to CTI, CTI shall, subject to CTL's rights hereunder:
9.3.1. hold the System as CTL's agent and be entitled to use the same in the ordinary course of CTI's business; but shall not be entitled to sell or otherwise dispose of the same or part with possession thereof;
9.3.2. cause to be added to its audited accounts for each year a note that System supplied by CTL is subject to retention of title and shall be the property of CTL until full payment of all sums in respect thereof has been made to CTL; and
9.3.3. insure such System to its replacement value naming CTL as the loss payee until all payments to CTL have been made as specified in this Clause and CTI shall forthwith, upon request, provide CTL with a Certificate of such Insurance.
Title to the System. Lessor owns the System and shall retain title to the System at all times during the term of this Agreement. This Agreement authorizes Lessee's exclusive use of the System only, and nothing in this Agreement transfers to Lessee any right, title or interest in the System, except the exclusive right to use the System during the term of this Agreement. At the request of Lessor, Lessee will affix to the System a notice provided by Lessor identifying the System as owned by Lessor. Lessee agrees to keep the System free from all liens, claims and other legal process of its creditors and other parties. Lessee shall give Lessor notice in writing of any lien, claim or other legal process of its creditors and other parties that involves the System. Provided the parties do not enter into a lease extension or an alternative arrangement, including without limitation the exercise of the purchase option described in Section 11 hereof, Lessee agrees to make the System available to Lessor upon expiration or termination of this Agreement. In such event, Lessor shall be responsible for all costs associated with recovering the System.
Title to the System. Provider, or Provider’s permitted assigns, shall at all times retain title to and be the legal and beneficial owner of the System, which shall remain the personal property of Provider and shall not become fixtures, notwithstanding that the System may be physically mounted or adhered to the Premises, unless and until the State exercises its purchase option pursuant to Section 10.2.2 (Prior to Expiration Date [Purchase Option]) of the Power Purchase Agreement. Provider shall not transfer title to another entity without prior written notification to the State and without the State’s approval, except as provided in Section 14.3 (Assignment) of the Power Purchase Agreement.
Title to the System. Subject to Licensor’s right to purchase the System pursuant to Article XXIII of the PPA, the System and all alterations, additions, improvements, or installations made to it by Licensee and all Licensee property used in connection with the installation, construction, operation, maintenance and/or removal of the System are, and shall remain, the personal property of Licensee (collectively “Licensee Property”). In no event shall any Licensee Property be deemed a fixture, nor shall Licensor, nor anyone claiming by, through or under Licensor (including but not limited to any present or future mortgagee of the Licensed Area) have any rights in or to the Licensee Property at any time.
Title to the System. Subject to the rights provided to UNIVERSITY pursuant to the terms hereof, the System and all alterations, additions, improvements or installations made thereto by LICENSEE and all LICENSEE property used in connection with the installation, operation and maintenance of the System is, and shall remain, the sole and exclusive property of LICENSEE (“LICENSEE PROPERTY”). In no event shall any LICENSEE Property be deemed a fixture, nor shall UNIVERSITY, nor anyone claiming by, through or under UNIVERSITY (including but not limited to any present or future mortgagee of the Facility ) have any rights in or to the LICENSEE Property at any time except as otherwise provided herein.
Title to the System. The Developer shall retain full title to the System until 80% of the units have been connected to the electrical Distribution system and a Certificate of Acceptance has been issued in respect of the System, at which time all title to the system shall be deemed transferred to Hydro Ottawa. Upon issuance of a Certificate of Acceptance for the System, Hydro Ottawa shall assume ownership and the responsibility for operating and maintaining those parts of the System for which it has agreed to be responsible in accordance with Section 7.
Title to the System. The System shall be provided by Dominion to the Customer as part of the managed services described herein. Title to the System or any portion thereof, shall not pass to the Customer and shall remain with Dominion.
Title to the System. Upon delivery and installation of the System (and any upgrades, enhancements, and additions thereto), the White Sox will own the Hardware (and such upgrades and additions), free and clear of any liens, claims, charges, or other rights of third parties therein or relating thereto, subject only to Precis' rights pursuant to the last sentence of subparagraph 4(e). Precis shall provide such lien waivers from suppliers and/or installers of the System as White Sox may request. The White Sox shall assume all risk of loss and damage to the System (and such upgrades, enhancements, and additions), subject to Precis' obligation to provide maintenance and support as provided herein and to replace Hardware pursuant to clause (iv) of Subparagraph 4(d).
