Common use of Ownership of System Clause in Contracts

Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor and Lessee agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee shall provide a disclaimer or release from such lienholder. If Lessee is the fee owner of the Premises, Lessee consents to the filing 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 where the Facility is located. If Lessee is not the fee owner, Lessee will obtain such consent from such owner. Upon request, Lessee agrees to deliver to Lessor a non-disturbance agreement in a form reasonably acceptable to Lessor from the owner of the Facility (if the Facility is leased by Lessee), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 20), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 1920) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor and Lessee agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee shall provide a disclaimer or release from such lienholder. If Lessee Xxxxxx is the fee owner of the Premises, Lessee Xxxxxx consents to the filing 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 where the Facility is located. If Lessee Xxxxxx is not the fee owner, Lessee Xxxxxx will obtain such consent from such owner. Upon request, Lessee Xxxxxx agrees to deliver to Lessor a non-non- disturbance agreement in a form reasonably acceptable to Lessor from the owner of the Facility (if the Facility is leased by LesseeXxxxxx), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Xxxxxx does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes Incentives (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1)Attributes, and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. [The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code] [NOTE confirm with local counsel]. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Xxxxxxxxx agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseeXxxxxxxxx), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes Incentives (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Xxxxxxxxx agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseeXxxxxxxxx), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 28), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 1928) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in )Term, Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1)Attributes, and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) Seller is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 Facility or Premises which could reasonably be construed as prospectively attaching to the System as a fixture of the Facility or Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is Premises are located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. For the avoidance of doubt, in either circumstance Seller shall file such disclaimer. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility or Premises (if the Facility is or Premises, as applicable, are leased by LesseePurchaser), any mortgagee with a lien on the Facility or Premises, and other Persons holding a similar interest in the Facility or Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 16(b) and Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer disclaimer, estoppel, or release from such lienholderlienholder reasonably satisfactory to Seller. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing of a disclaimer of the System as a fixture of the Premises (or such other recordable instrument reasonably satisfactory to Seller) in the office where real estate records are customarily filed in the jurisdiction where the Facility Premises is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility Premises (if the Facility Premises is leased not owned in fee simple by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or FacilityPremises, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease right to use of the Premises and/or FacilityPremises.

Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor and Lessee agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee shall provide a disclaimer or release from such lienholder. If Lessee is the fee owner of the Premises, Lessee consents to the filing 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 where the Facility is located. If Lessee is not the fee owner, Lessee will obtain such consent from such owner. Upon request, Lessee agrees to deliver to Lessor a non-non- disturbance agreement in a form reasonably acceptable to Lessor from the owner of the Facility (if the Facility is leased by Lessee), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 20), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 1920) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Xxxxxxxxx agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseeXxxxxxxxx), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term Client acknowledges that Service Provider (except as otherwise permitted in or its successor(s) or assignee(s), Lessor shall ) is and will at all times be the legal and beneficial owner of the System at all timeseach System, including and all Environmental Attributes (unless otherwise specified on Exhibit 1)Attributes, and the that each System is and shall remain the personal property of Lessor and shall not attach to or be deemed a part of, or be a fixture of or to, the any Facility or the any Premises. Each of the Lessor Service Provider and Lessee Client agree that the Lessor Service Provider (or the designated assignee of Lessor Service Provider permitted under Section 1918) is the tax owner of the System All Systems and all tax filings and reports will be filed in a manner consistent with this Agreement. The System All Systems shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial CodeCode and otherwise for purposes of state and federal law. Lessee Service Provider shall file UCC1 Financing Statement and renew prior to such expiration dates at Service Provider’s cost and expense. Client covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the any Facility or the any Premises on notice of the ownership of the System All Systems and the legal status or classification of the System All Systems as personal property. If there is any mortgage or fixture filing against the any Premises which could reasonably be construed as prospectively attaching to the System All Systems as a fixture of the Premises, Lessee Client shall provide a disclaimer or release from such lienholder. If Lessee Client is the fee owner of the any Premises, Lessee Client consents to the filing of a disclaimer of the any System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction where the relevant Facility is located. If Lessee Client is not the fee owner, Lessee Client will obtain such consent from such owner. Upon request, Lessee Client agrees to deliver to Lessor Service Provider a non-disturbance agreement in a form reasonably acceptable to Lessor Service Provider from the owner of the relevant Facility (if the such Facility is leased by LesseeClient), any mortgagee with a lien on the a Premises, and other Persons holding a similar interest in the a Premises. To the extent that Lessee Client does not own the a Premises or Facility, Lessee Client shall provide to Lessor Service Provider immediate written notice of receipt of notice of eviction from the such Premises or Facility or termination of LesseeClient’s lease of the such Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor and Lessee agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee shall provide a disclaimer or release from such lienholder. If Lessee Xxxxxx is the fee owner of the Premises, Lessee Xxxxxx consents to the filing 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 where the Facility is located. If Lessee Xxxxxx is not the fee owner, Lessee Xxxxxx will obtain such consent from such owner. Upon request, Lessee Xxxxxx agrees to deliver to Lessor a non-disturbance agreement in a form reasonably acceptable to Lessor from the owner of the Facility (if the Facility is leased by LesseeXxxxxx), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Xxxxxx does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in )Term, Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1)Attributes, and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) Seller is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is locatedlocated and Seller shall file such disclaimer for Purchaser after Purchaser completes the disclaimer. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in )Term, Lessor Seller shall be the legal and beneficial owner of the System at all times, including times (excluding all Environmental Attributes (unless otherwise specified on Exhibit 1Attributes), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax and accounting filings and reports will be filed in a manner consistent with this Agreement. The It is the intent of Seller and Purchaser that the System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee covenants that it will use commercially reasonable efforts Code and shall not be characterized, considered or deemed a fixture or affixed to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim part of any nature on the Facility or the Premises on notice of the ownership of the System and the legal status or classification of the System as personal propertyPremises. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as prospectively attaching to the System as a fixture of the Premises, Lessee shall Purchaser shall, at Seller’s cost, use commercially reasonable efforts to provide a disclaimer or release from such lienholderlienholder upon Seller’s written request. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing of a disclaimer of the System as a fixture of the Premises in the County office where real estate records are customarily filed in the jurisdiction where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser, at Seller’s cost, will use commercially reasonable efforts to obtain such consent from such owner. Upon With respect to any financing or refinancing of the System entered into by Seller after the Conditions Satisfaction Date, upon request, Lessee agrees Purchaser agrees, at Seller’s cost, to use commercially reasonable efforts to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in )Term, Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1)Attributes, and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor (or the designated assignee of Lessor permitted under Section 19) Seller is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. For the avoidance of doubt, in either circumstance Seller shall file such disclaimer. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in )Term, Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1)Attributes, and Seller shall be entitled to the benefit of all Tax Incentives of the System, and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or notwithstanding that certain portions of the PremisesSystem may otherwise qualify as fixtures due to the manner of installation of the System. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 1923) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will shall use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 Facility which could reasonably be construed as prospectively attaching to the System as a fixture of the PremisesFacility, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the PremisesFacility, Lessee Purchaser consents to the filing of a disclaimer of the System as a fixture of the Premises Facility in the office where real estate records are customarily filed in the jurisdiction where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee will Purchaser shall obtain such consent from such owner. Upon requestWithout limiting the generality of the foregoing, Lessee Purchaser hereby waives any statutory or common law lien that it might otherwise have in or to the System or any part thereof and agrees that, notwithstanding the occurrence of a Default Event by Purchaser under this Agreement beyond all applicable notice and cure periods (including those granted to deliver to Lessor a non-disturbance agreement in a form reasonably acceptable to Lessor Financing Parties), Seller or any Financing Party (or its designee) shall own and may remove the System from the owner of the Facility (if the Facility is leased by Lessee), at any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee does not own the Premises or Facility, Lessee shall provide to Lessor immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of Lessee’s lease of the Premises and/or Facilitytime.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes Attributes, Environmental Incentives, RECs and Tax Credits (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code, as may be evidenced by a UCC-1 or similar filing by the Seller or any Financing Party. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 16(b) and Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer disclaimer, estoppel, or release from such lienholderlienholder reasonably satisfactory to Seller. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing of a disclaimer of the System as a fixture of the Premises (or such other recordable instrument reasonably satisfactory to Seller) in the office where real estate records are customarily filed in the jurisdiction where the Facility Premises is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Xxxxxxxxx agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility Premises (if the Facility Premises is leased not owned in fee simple by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or FacilityPremises, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease right to use of the Premises and/or FacilityPremises.

Ownership of System. Throughout the Term (except as otherwise permitted in ), Lessor Section 19) Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Xxxxxxxxx agrees to deliver to Lessor Seller a non-disturbance non‐disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseeXxxxxxxxx), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.

Ownership of System. Throughout the Term (except as otherwise permitted in Section 19), Lessor Seller shall be the legal and beneficial owner of the System at all times, including all Environmental Attributes (unless otherwise specified on Exhibit 1), and the System shall remain the personal property of Lessor Seller and shall not attach to or be deemed a part of, or fixture to, the Facility or the Premises. Each of the Lessor Seller and Lessee Purchaser agree that the Lessor Seller (or the designated assignee of Lessor Seller permitted under Section 19) is the tax owner of the System and all tax filings and reports will be filed in a manner consistent with this Agreement. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Lessee Purchaser covenants that it will use commercially reasonable efforts to place all parties having an interest in or a mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on the Facility or 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 prospectively attaching to the System as a fixture of the Premises, Lessee Purchaser shall provide a disclaimer or release (including in the form of a subordination, non- disturbance and attornment agreement) from such lienholder. If Lessee Purchaser is the fee owner of the Premises, Lessee Purchaser consents to the filing 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 where the Facility is located. If Lessee Purchaser is not the fee owner, Lessee Purchaser will obtain such consent from such owner. Upon request, Lessee Purchaser agrees to deliver to Lessor Seller a non-disturbance agreement in a form reasonably acceptable to Lessor Seller from the owner of the Facility (if the Facility is leased by LesseePurchaser), any mortgagee with a lien on the Premises, and other Persons holding a similar interest in the Premises. To the extent that Lessee Purchaser does not own the Premises or Facility, Lessee Purchaser shall provide to Lessor Seller immediate written notice of receipt of notice of eviction from the Premises or Facility or termination of LesseePurchaser’s lease of the Premises and/or Facility.