Access to Property, Grant of License. Subject to the security protocols of the West Haven Police Department, which may be amended from time to time, Host hereby grants Provider (and its Lenders, their successors and assigns, and their employees, contractors and subcontractors) a royalty-free, irrevocable license to site, construct, install, operate, maintain, use, repair, alter and remove the System on the site specified on the attached Schedule 1 of the Appendix, to access the System from, over or across the Property and access the Property from a public road or access route, as reasonably necessary, during the Term of this Agreement and for so long as needed after termination, to allow Provider to perform the Installation Work (without limiting the indemnification provisions in Article 17), System Operations and System removal, including ingress and egress rights to the Property for Provider and its employees, Lenders, and its and their contractors and sub-contractors, and access to electrical panels and conduits to interconnect or disconnect the System with the applicable Property’s electrical wiring (the “Access License”). The Access License shall not be revoked or terminated by the Host unless the Host is terminating the Agreement for a Provider Default. The Access License shall give Provider an exclusive right to access and use the footprint where the System is located (as described in Schedule 1 of the Appendix) and a non-exclusive right to the other portions of the Property as provided above, provided that Provider’s use of the Property shall not interfere with Host’s normal operations on the Property, which normal operations include, without limitation, the right to use the area beneath the carport canopy as a parking lot for the police and employee vehicles, and invitees of Host. (collectively, “Host’s Property Usage”). Host and its authorized representatives shall at all times have access to and the right to observe the Installation Work or System removal but shall not interfere or handle any Provider equipment or the System without written authorization from Provider; provided, however, in the event of a material malfunction or emergency as specified in Section 4.2, Host shall be permitted to take those actions necessary to prevent injury as specified in Section 11.1(c). Host covenants that Provider’s use and operation of the System shall not be disturbed or interfered with during the Term, subject only to the rights of Host under Sections 4.2 and 11.1(c). This license shall not confer a leasehold or other real property interest in and to the Property to Provider.
Appears in 1 contract
Samples: Solar Power & Services Agreement
Access to Property, Grant of License. Subject to the security protocols of the West Haven Police Department, which may be amended from time to time, Host Licensee hereby grants Provider Licensor (and its Lenders, their successors and assigns, and their employees, contractors and subcontractors) a royalty-free, irrevocable license to site, construct, install, operate, maintain, use, repair, alter and remove the System on the site specified on the attached Schedule 1 of the AppendixExhibit D, to access the System from, over or across the Property and access the Property from a public road or access route, as reasonably necessary, during the Term of this Agreement and for so long as needed after termination, to allow Provider Licensee to perform the Installation Work (without limiting the indemnification provisions in Article 17)Work, System Operations and System removal, including ingress and egress rights to the Property for Provider Licensee and its employees, Lenders, and its and their contractors and sub-contractors, and access to electrical panels and conduits to interconnect or disconnect the System with the applicable Property’s electrical wiring (the “Access License”). The Access License shall not be revoked or terminated by the Host Licensor unless the Host Town of Fairfield is terminating the Agreement SPSA for a Provider Default. The Access License shall give Provider includes an exclusive right to access and use the footprint where the System is located (as described in Schedule 1 of the AppendixExhibit D) and a non-exclusive right to the other portions of the Property as provided abovethat are reasonably required by Licensee in order to install, maintain and own the System, including a reasonable area for construction laydown and delivery and storage of materials and equipment, provided that ProviderLicensee’s use of the Property shall not interfere with HostLicensor’s normal operations on the Property, which normal operations include, without limitation, the right to use the area beneath the carport canopy as a parking lot for the police and employee vehicles, and invitees of Host. Property (collectively, “HostLicensor’s Property Usage”). Host Licensor and its authorized representatives shall at all times have access to and the right to observe the Installation Work or System removal but shall not interfere with or handle any Provider Licensee equipment or the System without written authorization from ProviderLicensee; provided, however, in the event of a material malfunction or emergency as specified in Section 4.24.2 of the SPSA, Host Licensor shall be permitted to take those actions necessary to prevent injury as specified in Section 11.1(c)) of the SPSA. Host The Parties shall execute and Licensor shall at its sole cost and expense record with the appropriate office where real estate records are customarily filed in the jurisdiction of such Property, a Memorandum of Access License in the form attached as Exhibit E. Licensee covenants that ProviderLicensor’s use ownership, use, operation and operation maintenance of the System shall not be disturbed or interfered with during the Term, subject only to the rights of Host under Sections 4.2 and 11.1(c). This license shall not confer a leasehold or other real property interest in and to the Property to Provider.
Appears in 1 contract
Samples: Access License Agreement
Access to Property, Grant of License. Subject to the security protocols of the West Haven Police Department, which may be amended from time to time, Host hereby grants Provider (and its Lenders, their successors and assigns, and their employees, contractors and subcontractors) a royalty-free, irrevocable license to site, construct, install, operate, maintain, use, repair, alter and remove the System on the site specified on the attached Schedule 1 of the Appendix, to access the System from, over or across the Property and access the Property from a public road or access route, as reasonably necessary, during the Term of this Agreement and for so long as needed after termination, to allow Provider to perform the Installation Work (without limiting the indemnification provisions in Article 17), System Operations and System removal, including ingress and egress rights to the Property for Provider and its employees, Lenders, and its and their contractors and sub-contractors, and access to electrical panels and conduits to interconnect or disconnect the System with the applicable Property’s electrical wiring (the “Access License”). The Access License shall not be revoked or terminated by the Host unless the Host is terminating the Agreement for a Provider Default. The Access License shall give Provider an exclusive right to access and use the footprint where the System is located (as described in Schedule 1 of the Appendix) and a non-exclusive right to the other portions of the Property as provided above, provided that Provider’s use of the Property shall not interfere with Host’s normal operations on the Property, which normal operations include, without limitation, the right to use the area beneath the carport canopy as a parking lot for the police and employee vehiclesemployees, community, and invitees of Host. (collectively, “Host’s Property Usage”). Host and its authorized representatives shall at all times have access to and the right to observe the Installation Work or System removal but shall not interfere or handle any Provider equipment or the System without written authorization from Provider; provided, however, in the event of a material malfunction or emergency as specified in Section 4.2, Host shall be permitted to take those actions necessary to prevent injury as specified in Section 11.1(c). Host covenants that Provider’s use and operation of the System shall not be disturbed or interfered with during the Term, subject only to the rights of Host under Sections 4.2 and 11.1(c). This license shall not confer a leasehold or other real property interest in and to the Property to Provider.
Appears in 1 contract
Samples: Solar Power & Services Agreement
Access to Property, Grant of License. Subject to the security protocols of the West Haven Police Department, which may be amended from time to time, Host hereby grants Provider (and its Lendersa non-exclusive, their successors and assignsnon- assignable, and their employeesexcept as allowed by the terms of this Agreement, contractors and subcontractors) a royalty-free, irrevocable license for the Term and for one hundred and twenty (120) days following the Expiration Date, to site, construct, install, operate, maintain, use, repair, alter and remove the System on the site specified on the attached Schedule 1 of the Appendix, to access the System from, over or across the Property and access the Property from a public road or access route, as reasonably necessary, during the Term of this Agreement and for so long as needed after [up to 120 days following] termination, to allow Provider to perform the Installation Work (without limiting the indemnification provisions in Article 17), System Operations and System removal, including ingress and egress rights to the Property System Site for Provider and its employees, Lenders, and its and their contractors and sub-contractors, and access to electrical panels and conduits to interconnect or disconnect the System with the applicable Property’s electrical wiring and for up to 120- days following the Expiration Date for System Removal (the “Access License”). The Access License shall not be revoked or terminated by the Host unless the Host or Provider is terminating the Agreement for a Provider Default. The Access License shall give Provider an exclusive right to access and use the footprint where the System is located (as described in Schedule 1 of the Appendix) and a non-exclusive right to the roof and to the other portions of the Property as provided above, provided that Provider’s use of the Property shall not interfere with Host’s normal operations on the Property, which normal operations include, without limitation, the right to use the area beneath the carport canopy as a parking lot for the police and employee vehicles, and invitees of Host. Property (collectively, “Host’s Property Usage”). Host and its authorized representatives shall at all times have access to and the right to observe the Installation Work or System removal but shall not materially interfere or handle any Provider equipment or the System without written authorization from Provider; provided, however, in the event of a material malfunction or emergency as specified in Section 4.2, Host shall be permitted but not obligated to take those actions it deems necessary to prevent injury as specified in Section 11.1(c). Host covenants that Provider’s use and operation of the System shall not be disturbed or interfered with during the Term, subject only to the rights of Host under Sections 4.2 and 11.1(c). This license shall not confer a leasehold or other real property interest in and to the Property to Provider.
Appears in 1 contract
Samples: Solar Power and Services Agreement