CONSTRUCTION OF IMPROVEMENTS BY XXXXXX. Section 6.1. Lessee and its Affiliates, as applicable, shall construct, or cause to be constructed, the Project in accordance with Section 3.1.6 (Installation, Operation and Maintenance) of the BOOT Contract. Section 6.2. With respect to Xxxxxx's rights as landlord as expressly set forth in this Lease and except with respect to Xxxxxx's rights as provided below, title to the Improvements and any other improvements made by Xxxxxx shall remain in the name of Xxxxxx. Lessee shall retain all tax depreciation rights, income tax credits and other tax benefits with respect to the Improvements; provided, however, that any Renewable Attributes (as defined in the BOOT Contract) shall be transferred to Lessor as provided in Section 5.1 (Monthly Capacity Payments; Renewable Attributes) of the BOOT Contract. Notwithstanding anything in this Lease to the contrary, Xxxxxx hereby agrees that the Improvements shall not be deemed to constitute (and Lessor hereby covenants and agrees not to assert that the Improvements constitute) fixtures or real property. In the event that Lessor, in exercising its rights as landlord as expressly set forth in this Lease or at law or in equity, obtains title to the Improvements, Lessor shall have all rights of ownership to the Improvements including without limitation tax depreciation rights, income tax credits and other tax benefits. In the event that Lessor, pursuant to exercise of remedies, obtains a judgment or any other award for damages, Xxxxxx's liability therefor shall not be limited to Xxxxxx's interest in the Demised Premises but shall be full recourse obligations of Lessee. In the event that Lessor obtains judgment against Xxxxxx, Lessor shall have rights to pursue any and all remedies, including without limitation executing its rights and remedies against the Improvements, to the fullest extent permissible by law. Section 6.3. It is the intention of the parties that, after the Project COD and during the remaining term of the BOOT Contract, the Project located on the Demised Premises will be operated to provide "Products" (as defined in the BOOT Contract) to Lessor as "Buyer" in accordance with the terms set forth in Sections 3.1 (Delivery and Sale of Products) and 5.1 (Monthly Capacity Payments; Renewable Attributes) of the BOOT Contract. Lessor shall use commercially reasonable efforts to cooperate with Lessee so that, during the term of the BOOT Contract, the Improvements on the Demised Premises will derive similar benefits (including, if available, exemption from local zoning regulations, if any, it being expressly understood that Lessor is making no representation or warranty that any such benefits or exemption is available) that would be derived if Lessor itself constructed and operated such Improvements. All reasonable expenses incurred by Lessor in so cooperating with Lessee shall be borne directly by Xxxxxx.
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Samples: Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement
