Common use of Commercial Term Clause in Contracts

Commercial Term. During the Commercial Term, Company shall use the Leased Property for the development, construction, ownership, operation, maintenance and repair of the Solar Facility. In connection with such use, Company shall have the exclusive right: a. to construct, install and operate on the Leased Property multiple solar panels and inverters; b. to erect, construct and use all the necessary and requisite devices, fixtures, appurtenances and facilities for the Solar Facility, as determined in the sole and absolute discretion of Company, including but not limited to: foundations, supports, concrete pads and footings; fences, and roads for ingress and egress of construction and maintenance vehicles; the physical preparation of the sites on which the Solar Facility will be installed and the preparation of access routes thereto (whether located on the Leased Property or, if necessary, on the Adjacent Property); power collection facilities, including underground or above ground distribution and collection lines between Solar Facility Equipment and from Solar Facility Equipment to one or more substations and points of interconnection with the power grid, wires and cables, conduit and above- ground transformers for the Solar Facility; substations or interconnection and switching facilities which Company may connect to a utility transmission system or the transmission system of another purchaser of electrical energy; underground or above ground control, communications and telecommunications equipment, including underground fiber, wires, cables and conduit; erosion control facilities; signs, gates and other safety and protection facilities; control and administration buildings; and other improvements, facilities, appliances, machinery and equipment in any way related to or associated with any of the foregoing (all of the foregoing, including the solar panels and inverters, collectively referred to herein as the “Solar Facility Equipment”); c. to maintain, clean, repair, replace and dispose of part or all of the Solar Facility Equipment; d. to allow and control access of third parties to the Leased Property. The Company may invite third parties upon the Leased Property without permission from the Landowner so long as the terms of this Lease are not violated; e. to trim or cut down trees, shrubs or any other landscaping and vegetation on the Leased Property as may be necessary for the exercise of rights granted to Company pursuant to this Lease; and f. to gate or otherwise secure any access roads on or to the Leased Property, provided that Company shall work with Landowner to ensure Landowner’s commercially reasonable access to same consistent with industry standard practices.

Commercial Term. During the Commercial Term, Company shall use the Leased Property for the development, construction, ownership, operation, maintenance and repair of the Solar Facility. In connection with such use, Company shall have the exclusive right: a. to construct, install and operate on the Leased Property multiple solar panels and inverters; b. to erect, construct and use all the necessary and requisite devices, fixtures, appurtenances and facilities for the Solar Facility, as determined in the sole and absolute discretion of Company, including but not limited to: foundations, supports, concrete pads and footings; fences, and roads for ingress and egress of construction and maintenance vehicles; the physical preparation of the sites on which the Solar Facility will be installed and the preparation of access routes thereto (whether located on the Leased Property or, if necessary, on the Adjacent Property)thereto; power collection facilities, including underground or above ground distribution and collection lines between Solar Facility Equipment and from Solar Facility Equipment to one or more substations and points of interconnection with the power grid, wires and cables, conduit and above- above-ground transformers for the Solar Facility; substations or interconnection and switching facilities which Company may connect to a utility transmission system or the transmission system of another purchaser of electrical energy; underground or above ground control, communications and telecommunications equipment, including underground fiber, wires, cables and conduit; erosion control facilities; signs, gates and other safety and protection facilities; control and administration buildings; and other improvements, facilities, appliances, machinery and equipment in any way related to or associated with any of the foregoing (all of the foregoing, including the solar panels and inverters, collectively referred to herein as the “Solar Facility Equipment”); c. to maintain, clean, repair, replace and dispose of part or all of the Solar Facility Equipment; d. to allow and control access of third parties to the Leased Property. The Company may invite third parties upon the Leased Property without permission from the Landowner so long as the terms of this Lease are not violated; e. to trim or cut down trees, shrubs or any other landscaping and vegetation on the Leased Property as may be necessary for the exercise of rights granted to Company pursuant to this Lease; and f. to gate or otherwise secure any access roads on or to the Leased Property, provided that Company shall work with Landowner to ensure Landowner’s commercially reasonable access to same consistent with industry standard practices.

Commercial Term. During the Commercial Term, Company (including any successor, assignee or sublessee thereof) shall use the Leased Property solely for the development, construction, ownership, operation, maintenance and repair of the Solar FacilityFacility (the “Permitted Use”). In connection with such usethe Permitted Use, Company shall have the exclusive right: a. (a) to construct, install and operate on the Leased Property multiple solar panels and inverters; b. (b) to erect, construct and use all the necessary and requisite devices, fixtures, appurtenances and facilities for the Solar Facility, as determined in the sole and absolute discretion of CompanyCompany (subject to the terms and conditions hereof), including but not limited to: foundations, supports, concrete pads and footings; fences, and roads for ingress and egress of construction and maintenance vehicles; the physical preparation of the sites site on which the Solar Facility will be installed and the preparation of access routes thereto (whether located on the Leased Property or, if necessary, from the public right of way on the Adjacent Fee Property); power collection facilities, including underground or above ground distribution and collection lines between Solar Facility Equipment and from Solar Facility Equipment to one or more substations and points of interconnection with the power grid, ; wires and cables, conduit and above- above-ground transformers for the Solar Facility; substations or interconnection and switching facilities which Company may connect to a the utility transmission system or the transmission system of another purchaser of electrical energysystem; underground or above ground control, communications and telecommunications equipment, including underground fiber, wires, cables and conduit; erosion control facilities; signs, gates and other safety and protection facilities; control and administration buildings; and other improvements, facilities, appliances, machinery and equipment in any way related to or associated with any of the foregoing (all of the foregoing, including the solar panels and inverters, collectively referred to herein as the “Solar Facility Equipment”); c. (c) to maintain, clean, repair, replace and dispose of part or all of the Solar Facility Equipment; d. (d) subject to the terms hereof, to allow and control access of third parties to the Leased Property. The Company may invite third parties upon the Leased Property in connection with the Permitted Use without permission from the Landowner so long as the terms of this Lease are not violated; e. (e) to trim or cut down trees, shrubs or any other landscaping and vegetation on the Leased Property as may be necessary for the exercise of rights granted to Company pursuant to this Lease; and f. (f) to gate or otherwise secure any access roads on or to the Leased Property, provided that Company shall work with Landowner to ensure Landowner’s commercially reasonable access to same consistent with industry standard practices.