Common use of Removal of System at Expiration Clause in Contracts

Removal of System at Expiration. Subject to Purchaser’s exercise of its Purchase Option under Section 2.3, upon the expiration or earlier termination of the Agreement, Provider shall, at Provider’s expense, remove all of its tangible property comprising the System from the Premises on a mutually convenient date but in no case later than sixty (60) days after the Expiration Date. The Premises shall be returned to its original condition and in accordance with the terms of the license or ground lease to be entered into for the Premise, except ordinary wear and tear. For purposes of Provider’s removal of the System, Purchaser’s covenants pursuant to Section 7.2 shall remain in effect until the date of actual removal of the System. In addition to the requirements above, Provider shall leave the Premises in neat and clean order. If Provider 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 Premises to its original condition, excepting the costs of ordinary wear and tear, at Provider’s reasonable cost. In the event that, at any time, the Provider defaults under this Section 2.5 and fails to cure such default in accordance with Section 11.1 and/or abandons the Premises and fails to remove the System, then the County shall provide written notice to the Provider’s Financing Party within twenty (20) days from the date of the apparent abandonment, so that the Financing Party can notify the County within thirty (30) days from the receipt of such notice whether the Financing Party (i) will assume the License, and all obligations and liabilities thereunder, and continue performance under the Agreement, or (ii) reclaim the System and remove the System in accordance with the terms and conditions of the License and the Agreement. If the Financing Party fails to respond within said thirty (30) day period or responds then fails to timely act as set forth in its notice and in accordance with the License and the Agreement, then the System and all Environmental Attributes shall become the property of the County, with all claims of ownership waived by the Provider, its Financing Party and their respective successors and assigns, and the County shall have the right to use or dispose of the System as it determines.

Removal of System at Expiration. Subject to PurchaserHost’s exercise of its Purchase Option under Section 2.3, upon the expiration or earlier termination of the Agreementthis Agreement according to its terms, Provider shall, at Provider’s expense, remove all of its tangible property comprising the System from the Premises on a mutually convenient date but in no case later than sixty (60) days after the Expiration Date. The Premises shall be returned to its original condition and in accordance with the terms of the license or ground lease to be entered into for the Premisegrading, except for ordinary wear and tear. For purposes of Provider’s removal of the System, PurchaserHost’s covenants pursuant to Section 7.2 shall remain in effect until the date of actual removal of the System. In addition to the requirements above, Provider shall leave the Premises in neat and clean order. If Provider fails to remove or commence substantial efforts to remove the System by such agreed upon date, Purchaser Host shall have the right, at its option, to remove the System to a public warehouse or other storage location and restore the Premises to its original condition, excepting the costs of condition (other than ordinary wear and tear, ) at Provider’s reasonable cost. In the event that, at any time, the Provider defaults under this Section 2.5 and fails to cure such default in accordance with Section 11.1 and/or abandons the Premises and fails to remove the System, then the County Host shall provide written notice to the Provider’s Financing Party within twenty (20) days from the date of the apparent abandonment, so that the Financing Party can notify the County Host within thirty (30) days from the receipt of such notice whether the Financing Party (i) will assume the License, and all obligations and liabilities thereunder, and continue performance under the Agreement, or (ii) reclaim the System and remove the System in accordance with the terms and conditions of the License and the Agreement. If the Financing Party fails to respond within said thirty (30) day period or responds then fails to timely act as set forth in its notice and in accordance with the License and the Agreement, then the System and all Environmental Attributes shall become the property of the CountyHost, with all claims of ownership waived by the Provider, its Financing Party and their respective successors and assigns, and the County Host shall have the right to use or dispose of the System as it determines.