Access to Sunlight Sample Clauses

Access to Sunlight. Customer understands that Insolation is essential to Seller’s performance of its obligations and a material term of this Agreement. Customer shall not in any way cause and, where possible, shall not in any way permit any interference with the System’s Insolation other than interference from fixed structures (including foliage) existing at the time of installation of the System; provided, however, that foliage shall be considered fixed only to the extent of its growth as of COD. If Customer becomes aware of any activity or condition that could diminish the System’s Insolation (other than such interference described in the immediately preceding sentence), Customer shall notify Seller immediately and shall cooperate with Seller in preserving the System’s existing Insolation levels. The Parties agree that reducing Insolation would irreparably injure Seller, that such injury may not be adequately compensated by an award of money damages, and that Seller is entitled to seek specific enforcement of this Section 7(i) against Customer.
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Access to Sunlight. ‌ Irrespective of the type of site right granted, both the municipality and the system owner should consider and address sunlight access needed to operate the system. This may include obtaining solar easements from neighboring property owners (which must be in writing and recorded in the public record in accordance with applicable laws) and specifically prohibiting in the site right agreement any obstruction or impairment of solar insolation to the system. Counsel for both parties should consult state law for potential requirements in drafting solar easements. Many states that have expressly addressed solar easements require the granting instrument to describe the dimensions of the easement, the estimated amount of sunlight directed to the system, any permitted shading by vegetation and other plantings, and other matters. The contracting parties may include remedies for a breach of the easement (such as specific performance, which allows a court to order any interference to stop). Some states also include height or design considerations, or may focus on visibility, placement, orientation, or setbacks. Counsel for the municipality and the PV system owner should familiarize themselves with these requirements before drafting and negotiating the site right agreement.
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Related to Access to Sunlight

  • Access to Site 3.05.1 Contractor may enter and leave the premises at all reasonable times without charge. Contractor and its employees may use the common areas and roadways of the premises where it is to perform the services together with all facilities, equipment, improvements, and services provided in connection with the premises for common use. This excludes parking for Contractor’s personnel. Contractor shall repair any damage caused by it or its employees as a result of its use of the common areas.

  • Access to System If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such system including, but not limited to, any policies promulgated by the Office of Information Technology and available at xxxx://xxx.xxxxx.xx.xx/about/policies.

  • Access to NID 2.17.3.1 TWTC may access the customer’s premises wiring by any of the following means and TWTC shall not disturb the existing form of electrical protection and shall maintain the physical integrity of the NID:

  • Access to Software Access Rights to Software which is Results shall comprise: Access to the Object Code; and, where normal use of such an Object Code requires an Application Programming Interface (hereafter API), Access to the Object Code and such an API; and, if a Party can show that the execution of its tasks under the Project or the Exploitation of its own Results is technically or legally impossible without Access to the Source Code, Access to the Source Code to the extent necessary. Background shall only be provided in Object Code unless otherwise agreed between the Parties concerned.

  • Access to PHI Business Associate shall provide access to PHI in a Designated Record Set to Covered Entity or as directed by Covered Entity to an Individual to meet the requirements under 45 CFR § 164.524. Business Associate shall provide such access in the time and manner reasonably designated by Covered Entity. Within three (3) business days, Business Associate shall forward to Covered Entity for handling any request for access to PHI that Business Associate directly receives from an Individual.

  • Access to Services 1. Subject to DHCS provider enrollment certification requirements, the Contractor shall maintain continuous availability and accessibility of covered services and facilities, service sites, and personnel to provide the covered services through use of DMC certified providers. Such services shall not be limited due to budgetary constraints.

  • Access to Service You acknowledge that Your ability to access the Service may require the payment of third- party fees (such as telephone toll charges, ISP, or airtime charges) and that You are responsible for paying such fees. The Provider is not responsible for any equipment You may need to be able to access the Service.

  • Access to Worksite 9.4.1 Authorized representatives of the Association shall have the right to transact official Association business on school property during regular school business hours provided that such activities or use do not interfere with classroom instruction or interrupt normal operations.

  • ACCESS TO SECURITY LOGS AND REPORTS Upon request, the Contractor shall provide access to security logs and reports to the State or Authorized User in a format as specified in the Authorized User Agreement.

  • Access to Facility 13.1 Each Party shall ensure that its facilities are secured at all times.

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