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.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
