Title to Systems Sample Clauses

Title to Systems. 6.01 Title to Systems 20 6.02 Ownership of Attributes 20 6.03 Ownership of Rebates; Customer Rebate Assistance. 20 6.04 Capacity & Ancillary Services 21 6.05 Risk of Loss; Exclusive Control 21 6.06 Provider Liens 21 6.07 Taxes and Assessments. 21 6.08 Customer Requested Shutdown. 22 Article VII. TERM. 22 7.01 Term 22 7.02 Early Termination by Provider 22 7.03 Early Termination by Customer 23 7.04 Customer Purchase Option. 23 7.05 Determination of Fair Market Value. 24
Sample 1
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Title to Systems. ‌ Provider shall retain title to and be the legal and beneficial owner of each System at all times. Absent further written election by Provider, each System shall (i) remain the personal property of Provider and shall not attach to or be deemed a part of, or fixture to, any Property, and (ii) at all times retain the legal status of personal property as defined under Article 9 of the applicable Uniform Commercial Code. Customer warrants and represents that it shall keep the System free from all Liens (other than those created by Provider or its creditors). Provider shall be entitled to, and is hereby authorized to, file one or more precautionary UCC Financing Statements or fixture filings, as applicable, in such jurisdictions as it deems appropriate with respect to the Systems in order to protect its title to and rights in the Systems. The Parties intend that neither Customer nor any party related to Customer shall acquire the right to operate the System or be deemed to operate the System for purposes of Section 7701(e)(4)(A)(i) of the Internal Revenue Code, as amended, and the terms of this Agreement shall be construed consistently with the intention of the Parties. Customer shall provide timely notice of Provider’s title and sole ownership of each System to all Persons that have, or may come to have, an interest in or lien upon the real property comprising the Properties. Notwithstanding the foregoing, Financing Party may hold title to the Systems pursuant to a sale/leaseback or partnership flip transaction.
Sample 1
Title to Systems. 13 6.01 Title to Systems 13 6.02 Ownership of Rebates; Customer Rebate Assistance 13 6.03 Risk of Loss; Exclusive Control 13 6.04 Provider Liens 14 6.05 Taxes and Assessments 14 6.06 Quiet Enjoyment 14 6.07 Insolation. 14 6.08 Other Customer Activities 14 6.09 During the Term 15 Article VII. TERM. 15 7.01 Term 15 7.02 Early Termination by Provider 16 7.03 Early Termination by Customer 16
Sample 1
Title to Systems. Provider shall retain title to and be the legal and beneficial owner of each System at all times. Absent further written election by Provider, each System shall (i) remain the personal property of Provider, and shall not attach to or be deemed a part of, or fixture to, any Property, and (ii) at all times retain the legal status of personal property as defined under Article 9 of the applicable Uniform Commercial Code. Customer warrants and represents that it shall keep the System free from all Liens (other than those created by Provider or its creditors or lenders). Provider shall be entitled to, and is hereby authorized to, file one or more precautionary UCC Financing Statements or fixture filings, as applicable, in such jurisdictions as it deems appropriate with respect to the Systems, in order to protect its title to and rights in the Systems. The Parties intend that, absent any election by Customer in connection with any Early Termination or other assignment, termination or expiration hereof, neither Customer nor any party related to Customer shall acquire the right to operate the System or be deemed to operate the System for purposes of Section 7701(e)(4)(A)(i) of the Code, as amended, and the terms of this Agreement shall be construed consistently with the intention of the Parties. Customer shall provide timely notice of Provider’s title and sole ownership of each System to all Persons that have, or may come to have, an interest in or lien upon the real property comprising the Properties, including the Site(s). If Provider determines to treat any component of any System as real property, it will so notify Customer in writing along with the reasons therefore, and any required third party consents arising by reason of such characterization, and in any such case of such characterization, Provider will be responsible for any ad valorem real property taxes which may be imposed upon Customer as a result of Provider’s characterization of the Systems as such. As between the Parties, Provider shall retain the exclusive right to take or sell all System products, including electricity, electrical capacity and all Environmental Attributes, subject, however, in all cases to the Provider’s obligations to deliver the Solar Services, including electricity, to the Customer, and the Customer’s obligations to purchase Solar Services, including electricity, actually produced and delivered to the Customer.
Sample 1
Title to Systems. Throughout the duration of the Agreement, a Provider or Provider’s Financing Party(ies) shall be the legal and beneficial owner(s) of the Systems at all times, and the Systems shall remain the personal property of such Provider or Provider’s Financing Party(ies).
Sample 1
Title to Systems 
Sample 1

Related to Title to Systems

  • Title to Data All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

  • Title to Equipment Title shall vest in the Contractor to all equipment purchased hereunder.

  • Title to Goods passes to Buyer upon receipt of the Goods at the Buyer- designated location, whether it is an address of the Buyer or of any third party designated by Buyer.

  • Title to Improvements Any improvements, developments, adaptations and/or modifications to the Foreground Intellectual Property, and any and all new inventions or discoveries, based on or resulting from the use of Transnet’s Background Intellectual Property and/or Confidential Information shall be exclusively owned by Transnet. The Supplier/Service Provider shall disclose promptly to Transnet all such improvements, developments, adaptations and/or modifications, inventions or discoveries. The Supplier/Service Provider hereby undertakes to sign all documents and do all things as may be necessary to effect, record and perfect the assignment of such improvements, developments, adaptations and/or modifications, inventions or discoveries to Transnet and the Supplier/Service Provider shall reasonably assist Transnet in attaining, maintaining or documenting ownership and/or protection of the improved Foreground Intellectual Property.

  • Title to Work Title to Work, materials and equipment covered by an approved Application for Payment will pass to the Owner either by incorporation in construction or upon receipt of payment by the Contractor, whichever shall occur first;

  • Title to Property The Company and its Subsidiaries have good and marketable title in fee simple to all real property and good and marketable title to all personal property owned by them which is material to the business of the Company and its Subsidiaries, in each case free and clear of all liens, encumbrances and defects except such as are described in Schedule 3(t) or such as would not have a Material Adverse Effect. Any real property and facilities held under lease by the Company and its Subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as would not have a Material Adverse Effect.

  • Title to Timber During the period of this contract, and any extension, PURCHASER shall have the right to cut and remove the timber. Such right shall be conditioned upon PURCHASER complying with the provisions of this contract. The ownership of and title to the timber shall pass to PURCHASER as the timber is paid for and removed from the timber sale area. Any right of PURCHASER to cut and remove the timber shall expire and end at the time this contract, or any extension, terminates. All rights and interests of PURCHASER in and to the timber and logs remaining on the timber sale area shall, at that time, automatically revert to and revest in STATE, without compensation to PURCHASER.

  • Title to Properties The Company and each Subsidiary have good record and marketable title in fee simple to, or valid leasehold interests in, all real property necessary or used in the ordinary conduct of their respective businesses, except for such defects in title as could not, individually or in the aggregate, have a Material Adverse Effect. As of the Closing Date, the property of the Company and its Subsidiaries is subject to no Liens, other than Permitted Liens.

  • WARRANTY OF TITLE TO GAS 1. Seller warrants the title to all gas delivered hereunder and the right to sell the same and that such gas shall be free and clear from all liens and adverse claims.

  • Title to Intellectual Property a) All right, title and interest in and to Foreground Intellectual Property prepared, conceived or developed by the Supplier/Service Provider, its researchers, agents and employees shall vest in Transnet and the Supplier/Service Provider acknowledges that it has no claim of any nature in and to the Foreground Intellectual Property. The Supplier/Service Provider shall not at any time during or after the termination or cancellation of this Agreement dispute the validity or enforceability of such Foreground Intellectual Property, or cause to be done any act or anything contesting or in any way impairing or tending to impair any part of that right, title and interest to any of the Foreground Intellectual Property and shall not counsel or assist any person to do so.

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