Ownership of the Facility. (a) The Service Provider warrants that it is the sole owner of the Facility.
Ownership of the Facility. Tenant acknowledges that the Facility is the property of Landlord, and that Tenant has only the right to the possession and use of the Facility upon and subject to the terms and conditions of this Lease.
Ownership of the Facility. Seattle City Light will have sole ownership, possession and control of the Facility, and will have the exclusive right to maintain and operate such Facility. Enrollment in the Program does not and shall not be construed to convey any right, title or interest in or to any portion of any property (tangible or intangible, real or personal) underlying or comprising any portion of the Facility or its associated equipment or improvements, or any equipment of Seattle City Light.
Ownership of the Facility. Except as otherwise permitted by this Agreement or in any Consent to Collateral Assignment, the Facility shall be owned by Seller during the Agreement Term. Seller shall operate and maintain the Facility, at its sole risk and expense, and in compliance with the requirements of this Agreement, all applicable Requirements of Law, and Prudent Utility Practices; provided, however, meeting these requirements shall not relieve Seller of its other obligations under this Agreement. Seller shall not sell or otherwise dispose of or create, incur, assume or permit to exist any Lien (other than Permitted Encumbrances) on any portion of the Facility or any other property or assets which are related to the operation, maintenance and use of the Facility without the prior written approval of Buyer. If, at any time during the Agreement Term, any Facility Lender permits any Liens on the Facility or any other property or assets of Seller related to the operation, maintenance, and use of the Facility that are not included in clause (a) through
Ownership of the Facility. The Facility is owned by Anoka County and constructed on property owned by Anoka County at the site of the Anoka County Juvenile Center in Xxxx Lakes, Anoka County, Minnesota. The Facility is designed and constructed with three living units for twelve juveniles each, for a total of 36 beds. Anoka County is responsible and in control of the method and manner used for the maintenance and repair of the facility in consultation with the Advisory Board.
Ownership of the Facility. To continue to own the Facility in a good and businesslike fashion consistent with past practices; provided, however, notwithstanding anything to the contrary contained in this Article 8 or elsewhere in this Agreement, it is expressly understood and agreed that Seller shall not have any obligation to make any capital expenditure with respect to the Facility.
Ownership of the Facility. Seller shall use commercially reasonable and diligent efforts to site, permit, develop, finance and construct the Facility. The Facility shall be owned by Seller during the Agreement Term. Seller shall operate and maintain, at its sole risk and expense, the Facility in compliance with all Requirements of Law, Prudent Utility Practices, and applicable manufacturer’s and operator’s specifications and recommended procedures. Meeting this requirement shall not relieve Seller of its other obligations pursuant to the terms and conditions of this Agreement. Seller shall be responsible, at its sole expense, for:
Ownership of the Facility. The Tribe warrants and represents that it has created the Authority for the purpose of owning and operating the Facility and that, during the Term, the Authority shall be the owner of the Facility and the Enterprise, except for that portion of the Facility which constitutes real property and is held in trust by the United States of America for the benefit of the Tribe and except as otherwise specifically provided in this Agreement.
Ownership of the Facility. The Tribe warrants and represents that, during the Term, the Tribe shall be the owner of the Facility and the Enterprise, except for that portion of the Facility which constitutes real property and is held in trust by the United States of America for the benefit of the Tribe and except as otherwise specifically provided in this Agreement. In the event that the Tribe desires to transfer all or any portion of the Facility or the Enterprise to a wholly owned tribally chartered business enterprise or authority, the Tribe shall deliver prior written notice thereof to the Manager and such enterprise or authority shall agree in writing to be bound by the terms and conditions of this Agreement and to be liable for (together with the Tribe) all obligations of the Tribe hereunder.
Ownership of the Facility. The Parties acknowledge and agree that they have executed and delivered this Lease Agreement with the understanding that (a) the Facility to be constructed by Lessor shall be the property of the Lessor; (b) Lessee shall have the right to possess and use the Facility upon the terms and conditions of this Lease Agreement and the other Transaction Documents; (c) this Lease Agreement is a “true lease” not a financing lease, capital lease, mortgage, equitable mortgage, deed of trust, trust arrangement, security arrangement or other financing or trust arrangement; and (d) none of the agreements contained herein is intended, nor shall the same be deemed or construed, to create a partnership between the Lessee and Lessor, to make them joint venturers, to make Lessee an Affiliate, agent, legal representative, partner, subsidiary or employee of Lessor, or to make Lessor in any way responsible for the debts, obligations, or losses of Lessee.
