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2016-01-26_PWETC_AgendaPacket
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2016-01-26_PWETC_AgendaPacket
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1/21/2016 3:00:49 PM
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1/21/2016 2:16:35 PM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
1/26/2016
Commission/Committee - Meeting Type
Regular
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17.14 Licensor's Lien Waiver. Licensor hereby waives any and all contractual, statutory or <br />common law lien rights, for unpaid license fees or otherwise, on Licensee's equipment or other personal <br />property, including any Solar Power Facility(ies). Without limiting the self-executing nature of the <br />foregoing, Licensor agrees to execute and deliver such waiver documentation as may be reasonably <br />required or requested by Licensee in connection with the waiver described in this paragraph. Licensee <br />hereby waives any and all contractual, statutory or common law lien rights, for unpaid license fees or <br />otherwise, on the Site, including the Premises, or on any of Licensor's equipment or other real or personal <br />property. Without limiting the self-executing nature of the foregoing, Licensee agrees to execute and <br />deliver such waiver documentation as may be reasonably required or requested by Licensor in connection <br />with the waiver described in this paragraph. <br />17.15 Time of Essence. Time is of the essence of this License. <br />17.16 Force Majeure. Neither Party shall be deemed to be in breach of this License and no <br />default shall be deemed to occur under this License to the extent that such Party's delay or failure in the <br />performance of its obligations under this License (other than the obligation to pay money) is due to an <br />event of Force Majeure. The Party claiming an event of Force Majeure shall (a) give the other Party <br />reasonably prompt written notice describing the particulars of the occurrence; (b) suspend performance <br />for no greater scope and no longer duration than is required by the event of Force Majeure; (c) use its <br />reasonable commercial efforts to remedy its inability to perform; and (d) when able to resume <br />performance of its obligations under this License, give the other Party written notice to that effect. <br />17.17 Memorandum or Short Form of License. Upon request by Licensor or Licensee, the <br />other Party shall execute a Memorandum of this License in the form of Exhibit C attached hereto and <br />made a part hereof by this reference, which Memorandum of this License shall be recorded by the <br />requesting Party in the public records at the requesting Party's expense. <br />[Signature Page to Follow] <br />NYLicrose Age v, 11 <br />
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