Common use of Removal of System at Expiration Clause in Contracts

Removal of System at Expiration. Upon the expiration or earlier termination of the Lease (provided Purchaser does not exercise its purchase option), Seller shall, at its expense, remove all of its tangible property comprising the System from the Facility on a mutually convenient date, but in no event later than one hundred and eighty (180) days after the expiration of the Term; provided, however, Purchaser shall bear all costs and expenses of Seller’s removal of the System if removal is necessary due to a Default Event of Purchaser. Excluding ordinary wear and tear, the Facility shall be returned to its original condition including the removal of the System; provided, however, Seller shall not be required to remove (i) any supports, canopies, anchors, penetrations, conduits or other similar ancillary equipment which were installed by Seller if, in Seller’s reasonable judgment, the removal of such supports, anchors, penetrations, conduits or other similar ancillary equipment would cause harm and damage to the Facility, and (ii) any underground foundations or underground or buried conduits and cabling installed by Seller on or about the Facility. In no case shall Seller’s removal of the System affect the integrity of Purchaser’s roof, which shall be as leak proof as it was prior to removal of the System and shall be flashed and/or patched to existing roof specifications. Seller shall leave the Facility in neat and clean order. If Seller fails to remove or commence substantial efforts to remove the System by such agreed upon date, Purchaser shall have the right, at its option, to remove the System to a public warehouse and restore the Facility to its original condition (other than ordinary wear and tear) at Seller’s cost. Purchaser shall provide sufficient space at no expense to Seller for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during System removal.

Removal of System at Expiration. Upon the expiration or earlier termination of the Lease this Agreement (provided Purchaser does not exercise its purchase option), Seller shall, at its expense, remove all of its tangible property comprising the System from the Facility on a mutually convenient date, but in no event later than one hundred and eighty (180) 180 days after the expiration of the Term; provided, however, . Seller shall provide Purchaser shall bear all costs a decommissioning bond for the full removal and expenses of Seller’s removal of any damages to the System if removal is necessary due to a Default Event of Purchaserexisting premises. Excluding ordinary wear and tear, the Facility shall be returned to its original condition including the removal of the System; provided, however, Seller shall not be required to remove (i) any supports, canopies, anchors, penetrations, conduits System mounting pads or other similar ancillary equipment which were installed by Seller ifsupport structures. If applicable, in Seller’s reasonable judgment, the removal of such supports, anchors, penetrations, conduits or other similar ancillary equipment would cause harm and damage to the Facility, and (ii) any underground foundations or underground or buried conduits and cabling installed by Seller on or about the Facility. In no case shall Seller’s removal of the System will not affect the integrity of Purchaser’s roof, which shall be as leak proof as it was prior to removal of the System and shall be flashed and/or patched to existing roof specifications. Seller is responsible for the repair and/or replacement of any and all damages caused by the removal of the System. In no case shall Seller’s removal of the System cause damage to the Facility at the time of removal and insofar as damages occur, Seller shall be responsible for the associated costs, excluding normal wear and tear. Seller shall leave the Facility in neat and clean order. If Seller fails to remove or commence substantial efforts to remove the System by such agreed upon date, Purchaser shall have the right, at its option, to remove the System to a public warehouse and restore the Facility to its original condition (other than ordinary wear and tear) at Seller’s cost. Purchaser shall provide sufficient space at no expense to Seller for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during System removal. It is acknowledged that ▇▇▇▇▇▇’s failure to remove the System by such agreed upon date will cause Purchaser to incur substantial removal costs, economic damages, and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by Purchaser of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, Seller agrees that liquidated damages may be assessed and recovered by Purchaser as against Seller and its Surety, in the event of delayed removal and without Purchaser being required to present any evidence of the amount and character of actual damages sustained by reason thereof; therefore Seller shall be liable to Purchaser for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that substantial removal beyond the agreed upon date. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Seller shall pay them to Purchaser without limiting Purchaser’s right to terminate this agreement for default as provided elsewhere herein.