PERMANENT INSTALLATION Sample Clauses

The PERMANENT INSTALLATION clause defines the requirements and conditions under which equipment, fixtures, or materials are to be installed in a manner intended to be lasting and not easily removed. Typically, this clause specifies that installations must be securely affixed to the property, comply with relevant codes, and become part of the real property rather than remaining personal property. Its core practical function is to ensure clarity between parties regarding what constitutes a permanent improvement to the premises, thereby preventing disputes over ownership or removal at the end of a contract or lease.
PERMANENT INSTALLATION. CUSTOMER shall ensure Each Project, the Installations, and every Measure in each Project, remain installed or otherwise effectuated at the Sites until the later of one (i) (1) year from the date SCE receives the Ex Post Review for such Measure; (ii) expiration of the Term of this agreement; and (iii) as required by Applicable Law.
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PERMANENT INSTALLATION. CUSTOMER shall ensure Each Project, the Installations, and every Measure in each Project, remain installed or otherwise effectuated at the Sites until the later of one (i) (1) year from the date SCE receives the Ex Post Review for such Measure; (ii) expiration of the Term of this agreement; and (iii) as required by Applicable Law. Applicable Law means CPUC EE Decisions, tariff, business practice manuals, and operating procedures, and all constitutions, treaties, laws, ordinances, rules, regulations, interpretations, directives, guidelines, policies, permits, judgments decrees, injunctions, writs and orders of any Governmental Authority that apply to either or both of the Parties, each Project, the Savings, any Measure, or other terms that may be amended or modified from time to time.
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PERMANENT INSTALLATION. Notwithstanding any other provision in this Agreement, Seller shall ensure that the Project, and every Measure in the Project, remains installed at the Site for its useful life. CPUC APPROVAL Unless otherwise specified herein, notwithstanding SDG&E’s execution and delivery of this Agreement, SDG&E’s obligations under this Agreement shall only become effective upon CPUC Approval. SDG&E shall file with the Commission the appropriate request for CPUC Approval. SDG&E shall seek CPUC Approval, including promptly responding to any requests for information related to the request for CPUC Approval. Seller shall use commercially reasonable efforts to support SDG&E in obtaining CPUC Approval. SDG&E has no obligation to seek rehearing or to appeal a Commission decision which fails to approve this Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to either Party. Either Party has the right to terminate this Agreement on Notice, which will be effective [insert number] Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SDG&E in its sole discretion within [insert number] days after SDG&E files its request for CPUC Approval and a Notice of termination is given on or before the [insert number] day after SDG&E files the request for CPUC Approval. Failure to obtain CPUC Approval in accordance with this Article 2 will not be deemed to be a failure of Seller to install the Project or a failure of SDG&E to make payment for such installation, and will not be or cause an Event of Default by either Party. No Settlement Amount with respect to this Agreement will be due or owing by either Party upon termination of this Agreement due solely to failure to obtain CPUC Approval. PAYMENT AND BILLING 3.1 Payment to Seller and Invoicing After the Project Completion Date, SDG&E shall pay Seller the Contract Price as adjusted in accordance with Exhibit B in [insert number] installments and in accordance with the following: Upon the later of the Project Completion Date and the Expected Project Completion Date and so long as (i) no Event of Default with respect to the Seller has occurred and is continuing, (ii) no Early Termination Date has occurred or been designated as a result of an Event of Default with respect to the Seller, Seller shall send an invoice to SDG&E’s “Accounts Payable Department” as set forth in Section 6.2, for [insert percentage] of the Contract Price as adjusted in accor...
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PERMANENT INSTALLATION. Equipment installed under this program is intended to be in place for the duration of its useful life. Only permanently installed systems are eligible for incentives. This means that the Applicant or Host Customer must demonstrate to the satisfaction of the Program Administrator that the generating system has both physical and contractual permanence prior to Program Administrator paying any incentive. Physical permanence is to be demonstrated by the generating system’s electrical, thermal and fuel connections in accordance with industry practice for permanently installed equipment and its secure physical attachment to a permanent surface (e.g. foundation). Any indication of portability, including but not limited to: temporary structures, quick disconnects, unsecured equipment, wheels, carrying handles, dolly, trailer or platform will render the system ineligible for incentives. Contractual permanence, corresponding to a minimum of twice the applicable warranty period, is to be demonstrated as follows: • System Owner (either the Host Customer or Applicant) agrees to notify the Program Administrator in writing a minimum of sixty (60) days prior to any change in either the Site location of the generation system, or change in ownership of the generation system. • All agreements involving the Project which is the subject of an incentive which may be paid under this Contract by Program Administrator are to be provided to the Program Administrator as soon as they are available (e.g., at the Proof of Project Advancement stage, or the Incentive Claim stage at the latest), including but not limited to: sales agreements, warranties, leases, energy service agreements, and/or energy savings guarantees. • An additional agreement between the System Owner and the Program Administrator may be required at the Program Administrator’s sole discretion in order to safeguard against the possibility of early removal and relocation of the generation system. This additional agreement, if required, must be negotiated to the satisfaction of the Program Administrator.
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PERMANENT INSTALLATION. CONTRACT SAMPLE
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PERMANENT INSTALLATION. The intent of the SGIP is to provide incentives for equipment installed and functioning for the duration of its useful life. Only permanently installed systems are eligible for incentives. This means that the system must 22 For example, TES does not discharge electricity and therefore does not require an interconnection agreement. demonstrate to the satisfaction of the Program Administrator adequate assurances of both physical and contractual permanence prior to receiving an incentive. Physical permanence is to be demonstrated by electrical, thermal and/or fuel connections in accordance with industry practice for permanently installed equipment and be secured to a permanent surface (e.g. foundation). Any indication of portability, including but not limited to temporary structures, quick disconnects, unsecured equipment, wheels, carrying handles, dolly, trailer or platform, will deem the system ineligible. Contractual permanence, corresponding to a minimum of the length of the applicable warranty period (10 years), is to be demonstrated as follows: • System Owner agrees to notify the Program Administrator in writing a minimum of 60 days prior to any change in either the site location or change in ownership of the system if the change(s) takes place within the applicable warranty period. • All agreements involving the system receiving an incentive are to be provided to the Program Administrator for review as soon as they become available. These agreements include, but are not limited to, system purchase and installation agreements, warranties, leases, energy or services agreements, energy savings guarantees and system performance guarantees.
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PERMANENT INSTALLATION. Any installation that is: A. Constructed on or permanently affixed to a concrete slab or concrete piers (not blocks) and which is actually used or occupied on a permanent full-time basis; or B. Any other structure which meets all of the following criteria: (1) The structure which must be impractical to move. Mobile homes with wheels, trailer hitch, and axle removed are considered impractical to move; (2) The structure must be actually used or occupied on a permanent full-time basis; (3) The structure must be located on property owned or leased by the Customer; (4) The structure must be permanently connected to a water system and must also be permanently connected to a sewer or septic system.
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PERMANENT INSTALLATION. Equipment installed under this Program is intended to be in place for the duration of its useful life. Only permanently installed systems are eligible for incentives. This means that the Non-PA Parties must demonstrate to the satisfaction of the PA that the SG Unit(s) has both physical and contractual permanence prior to PA’s payment of any incentive. Physical permanence is to be demonstrated by the SG Unit(s)’ electrical, thermal and fuel connections in accordance with industry practice for permanently installed equipment and its secure physical attachment to a permanent surface (e.g., foundation). Any indication of portability, including, but not limited to, temporary structures, quick disconnects, unsecured equipment, wheels, carrying handles, dolly, trailer and/or platform will render the SG Unit(s) ineligible for incentives. Contractual permanence, corresponding to a minimum of the applicable warranty period, is to be demonstrated as follows: ❖ The Non-PA Parties agree to notify the PA in writing a minimum of sixty (60) days prior to any change in either the Site location of the SG Unit(s), or change in ownership of the SG Unit(s). ❖ An additional agreement between the Non-PA Parties and the PA may be required at the PA’s sole discretion in order to safeguard against the possibility of early removal and relocation of the generation system. This additional agreement, if required, must be negotiated to the satisfaction of the PA. ❖ For the required warranty period of the system, it is the Non-PA Parties obligation to report any safety-related issues with the equipment to the PA within 30 days of the issue’s emergence.
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Related to PERMANENT INSTALLATION

  • Equipment Installation In order to meet its obligations under this Agreement, a Party that owns, rents, or leases equipment (the equipment owner) may require installation of such equipment on property owned by another Party (the property owner), provided that the property is being used for an electric utility purpose and that the property owner shall not be required to do so if it would thereby be prevented from performing its own obligations or exercising its rights under this Agreement.

  • Licenses for Permanent Installation The contractor must comply with all State mandatory licensing requirements prior to installation. Questions on licensing requirements should be directed to the State Licensing Board. Contractor must furnish and install all furniture and materials in compliance with all applicable codes, whether local, state, or federal; and that all permits or licenses required for installation will be obtained without cost to the State.

  • Utility Installations Trade Fixtures Alterations 8.3.1 The term “Utility Installations” refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equipment, plumbing, and fencing in or on the Premises. The term “Trade Fixtures” shall mean Lessee’s machinery and equipment that can be removed without doing material damage to the Premises. The term “Alterations” shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. “Lessee Owned Alterations and/or Utility Installations” are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Section 8.4.1.

  • Maintenance Repairs Utility Installations Trade Fixtures and Alterations (a) Subject to the provisions of Paragraphs 2.2 (Lessor’s warranty as to condition), 2.3 (Lessor’s warranty as to compliance with covenants, etc.), 7.2 (Lessor’s obligations to repair), 9 (damage and destruction), and 14 (condemnation), Lessee shall, at Lessee’s sole cost and expense and at all times, keep the Premises and every part thereof in good order, condition and repair, structural and non-structural (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee’s use, any prior use, the elements or the age of such portion of the Premises), including, without limiting the generality of the foregoing all equipment or facilities serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about, or adjacent to the Premises. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee’s expense, take all investigatory and/ore remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of, the Premises, the elements surrounding same, or neighboring properties that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance and/or storage tank brought onto the premises by or for lessee or under its control. Lessee, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices. Lessee’s obligations shall include restorations, replacements or renewals when necessary to keep the Promises and all improvements thereon or a part thereof in good order, condition and state of repair. If Lessee occupies the Premises for seven (7) years or more, lessor may require Lessee to repaint the exterior of the buildings on the Premises as reasonably required, but not more frequently than once every seven (7) years. (b) Lessee shall, at Lessee’s sole cost and expense, procure and maintain contracts, with copies to Lessor, in customary form and substance for, and with contractors specializing and experienced in, the inspection, maintenance and service of the following equipment and improvements, if any, located on the Premises: (i) heating, air conditioning and ventilation equipment, (ii) boiler, fired or unfired pressure vessels, (iii) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection. (iv) landscaping and irrigation systems, (v) roof covering and drain maintenance and (vi) asphalt and parking lot maintenance.

  • Software Installation The AGENCY shall request approval in writing from the COUNTY prior to installation of any software on COUNTY computer equipment. All software installations must be supervised by COUNTY technical support staff and proof of licensing is required. Upon completion, the AGENCY is responsible for reconfiguring the computers back to the original state.