Common use of Warranty of Title; Personal Property Clause in Contracts

Warranty of Title; Personal Property. The Facility Company is the sole owner of each of the Facilities that has been delivered to a Site and the Facility Company has good and valid title to all of the Facility Company’s Assets free and clear of all Encumbrances except Permitted Encumbrances. All of the Bloom Systems (as defined in the A&R PUMA) located in (a) the State of California are considered personal property and not real property under the laws of the State of California, (b) the State of Connecticut are considered personal property and not real property under the laws of the State of Connecticut, (c) the State of New Jersey are considered personal property and not real property under the laws of the State of New Jersey, and (d) the State of New York are considered personal property and not real property under the laws of the State of New York.

Warranty of Title; Personal Property. The Facility Company is the sole owner of each of the Facilities that has been delivered to a Site and the Facility Company has good and valid title to all of the Facility Company’s Assets free and clear of all Encumbrances except Permitted Encumbrances. All of the Bloom Systems (as defined in the A&R PUMA) located in (a) the State of California are considered personal property and not real property under the laws of the State of California, (b) the State of Connecticut are considered personal property and not real property under the laws of the State of Connecticut, (c) the State of New Jersey are considered personal property and not real property under the laws of the State of New Jersey, and (d) the State of New York are considered personal property and not real property under the laws of the State of New York.