Removal of System upon Termination or Expiration. Upon the expiration or earlier termination of this Agreement (provided Purchaser does not exercise its purchase option pursuant to Section 7.4) or Purchaser elects not to acquire ownership of the System in accordance with Sections 12.4(b) or 12.5(d), Seller shall, at its sole cost and expense, remove the System from the Project Site, as applicable,
Removal of System upon Termination or Expiration. Upon the expiration or earlier termination of this Agreement (provided Purchaser does not exercise its purchase option pursuant to Section 7.4), Seller shall, at its sole cost and expense, remove the System from the Project Site within [sixty (60)] Days after expiration of the Term or termination of this Agreement. In addition, Seller shall, at its sole cost and expense, restore the Project Site where the System was located to its original condition (excluding ordinary wear and tear), including removal of System mounting pads or other support structures, and repair and restoration of (i) if the System is installed on a roof, the roof and the roof membrane, or (ii) if the System is installed on a parking lot or parking structure, the parking surface, including resurfacing, patching, and/or re-filling the surface. In no case shall Seller’s removal of the System affect the integrity of the roof system, 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 and Purchaser’s then-existing roof warranties. Purchaser shall reasonably cooperate and provide sufficient access to the Project Site as reasonably necessary to facilitate System removal and roof or surface repair, and Seller shall coordinate and arrange with Purchaser’s Representative on mutually convenient date(s) for removal of the System and repair of the roof or surface. If Seller fails to remove the System by such agreed-upon date, Purchaser may, at its option and without the consent or approval of Seller, remove the System or engage one or more contractor(s) to remove the System and store at a public warehouse or sell or dispose of such System, with such proceeds, if any, applied to amounts owed to Purchaser and the remaining amount, if any, remitted to Seller, and restore the Project Site to its original condition (other than ordinary wear and tear), all at Seller’s sole cost and expense.
Removal of System upon Termination or Expiration. Upon the expiration or earlier termination of this Agreement (provided Purchaser does not exercise its purchase option under Section 14(b)), Seller shall, at its expense (unless expressly provided otherwise in this Agreement), remove all of the tangible property comprising the System from the Premises with a targeted completion date that is no later than ninety (90) days after the expiration of the Term. The portion of the Premises where the System is located shall be returned to substantially its original condition (excluding ordinary wear and tear), including the removal of System mounting pads or other support structures, and repair and restoration of the roof and the roof membrane. If the System is installed on the roof of an Improvement, Seller’s warranties under Section 12(c)(i) shall apply, as applicable. Purchaser must provide sufficient access, space and cooperation as reasonably necessary to facilitate System removal. If Seller fails to remove or commence substantial efforts to remove the System by such agreed upon date, Purchaser may, at its option, to remove the System to a public warehouse and restore the Premises to its original condition (other than ordinary wear and tear) at Seller’s cost.
