Title to System. Throughout the duration of the Agreement, ForeFront Power or ForeFront Power’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of ForeFront Power or ForeFront Power’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at ForeFront Power’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents to the filing by ForeFront Power, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at ForeFront Power’s request, use commercially reasonable efforts to obtain such consent from such owner.
Appears in 1 contract
Sources: Energy Services Agreement
Title to System. Throughout Subject to Purchaser’s exercise of its purchase option under Section 2.3, throughout the duration of the AgreementTerm, ForeFront Power Provider or ForeFront PowerProvider’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of ForeFront Power Provider or ForeFront PowerProvider’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at ForeFront PowerProvider’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents ▇▇▇▇▇▇▇▇▇ agrees to file, at the filing by ForeFront Powerrequest of Provider and at Provider’ sole expense, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at ForeFront PowerProvider’s request, use commercially reasonable efforts to obtain such consent agreement to file from such ownerowner or consent of such owner to have Provider make such filing on its behalf; provided that such filing will be made at Provider’s request and at Provider’s sole expense.
Appears in 1 contract
Sources: Power Purchase Agreement
Title to System. Throughout the duration of the Agreement, ForeFront Power Provider or ForeFront PowerProvider’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of ForeFront Power Provider or ForeFront PowerProvider’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising property, leasehold or license interest supporting the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at ForeFront PowerProvider’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents to the filing by ForeFront PowerProvider, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at ForeFront PowerProvider’s request, use commercially reasonable efforts to obtain such consent from such owner.
Appears in 1 contract
Sources: Memorandum of Understanding
Title to System. Throughout Subject to Purchaser’s exercise of its purchase option under Section 2.3, throughout the duration of the AgreementTerm, ForeFront Power Provider or ForeFront PowerProvider’s Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of ForeFront Power Provider or ForeFront PowerProvider’s Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice of the ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at ForeFront PowerProvider’s request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents agrees to file, at the filing by ForeFront Powerrequest of Provider and at Provider’ sole expense, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at ForeFront PowerProvider’s request, use commercially reasonable efforts to obtain such consent agreement to file from such ownerowner or consent of such owner to have Provider make such filing on its behalf; provided that such filing will be made at Provider’s request and at Provider’s sole expense.
Appears in 1 contract
Sources: Power Purchase Agreement