Common use of Abandonment of PV System Clause in Contracts

Abandonment of PV System. Notwithstanding anything to the contrary contained in this Agreement, any waiver in whole or in part of the requirement to remove the PV System shall require the written approval of Host. Any of the PV System left on the Premises after the passage of one hundred twenty (120) days after the Termination Date shall be deemed abandoned. Host shall provide written notice to CVEC within thirty (30) days of the expiration of such one hundred twenty (120) day period, of its election to retain all or any of the PV System as its property, or dispose of all or any of the PV System in such reasonable manner as Host may see fit and at CVEC’s sole cost; provided, however, that Host’s election to retain all or any portion of the PV System as its property shall relieve CVEC from any liability for its failure to remove such PV System; and provided further, however, that the foregoing shall not apply to any portion of the PV System that is not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Host (in which event, in either case the time period for removal shall be extended on a day for day basis).