Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Facility (subject to Sections 8.1 and 10.2 hereof), and the leasehold and subleasehold estate created hereby shall commence, and the Company shall accept possession of the Facility on the Closing Date.
(b) Except as provided in Sections 10.2 and 11.1 hereof, the estate created hereby shall terminate at 11:58 p.m. on November 30, 2037 (the “Lease Term”).
(c) Except as provided in Sections 8.1 and 10.2 hereof, the Agency shall neither take nor suffer or permit any action to prevent the Company during the Lease Term from having quiet and peaceable possession and enjoyment of the Facility and will, at the request of the Company and at the Company’s sole cost and expense, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Facility as hereinabove provided.
Duration of Lease Term; Quiet Enjoyment. (a) The Company shall deliver to the Agency possession of the Land and Facility (subject to the provisions hereof) and the leasehold estate created hereby shall commence as of the date hereof.
(b) The leasehold estate created hereby shall terminate at 11 :59 P.M. on February 15, 2035, or on such earlier date as may be permitted by Section 6.1 hereof.
(c) The period commencing on the date described in Section 2.4(a) herein through the date described in Section 2.4(b) herein shall be herein defined as the "Lease Term".
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Facility (subject to Sections 3.3, 8.3 and 10.2 hereof) and the leasehold estate created hereby shall commence on the Closing Date and the Company shall accept possession of the Facility on the Closing Date.
(b) Except as provided in Section 10.2 hereof, the leasehold estate created hereby shall terminate at 11:59 p.m. on February 28, 2015, or on such earlier date as may be permitted by Section 11.1 hereof; provided, however, that, except as provided in Section 10.2 hereof, in no event shall this Lease Agreement be terminated until the Loan shall have been paid in full or provision for such full payment shall have been made.
(c) Except as provided in Sections 3.3, 8.3 and 10.2 hereof, the Agency shall neither take nor suffer or permit any action to prevent the Company during the Lease Term from having quiet and peaceable possession and enjoyment of the Facility and will, at the request of the Company and at the Company's cost, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Facility as hereinabove provided.
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Phase 2B Facility (subject to Sections 8.1 and 10.2 hereof), and the leasehold and subleasehold estate created hereby shall commence, and the Company shall accept possession of the Phase 2B Facility on the Closing Date.
(b) Except as provided in Sections 10.2 and 11.1 hereof, the estate created hereby shall terminate at 11:58 p.m. on November 30, 2050 (the “Lease Term”).
(c) Except as provided in Sections 8.1 and 10.2 hereof, the Agency shall neither take nor suffer or permit any action to prevent the Company during the Lease Term from having quiet and peaceable possession and enjoyment of the Phase 2B Facility and will, at the request of the Company and at the Company’s sole cost and expense, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Phase 2B Facility as hereinabove provided.
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Project (subject to the provisions hereof) and the leasehold estate created hereby shall commence on the date hereof.
(b) The leasehold estate created hereby shall terminate at 11 :59 P.M. on February 15, 2035, or on such earlier date as may be permitted by Section 8.1 hereof.
(c) The period commencing on the date described in Section 2.5(a) herein through the date described in Section 2.5(b) herein shall be herein defined as the "Lease Term".
(d) The Agency shall, subject to the provisions hereof, neither take nor suffer nor permit any action, other than pursuant to Articles VII or VIII of this Leaseback Agreement, to prevent the Company during the Lease Term from having quiet and peaceable possession and enjoyment of the Project and will, at the request of the Company and at the Company's cost, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project as hereinabove provided.
Duration of Lease Term; Quiet Enjoyment. (a) The Company shall deliver to the Agency possession of the Project (subject to the provisions hereof) and the leasehold estate created hereby shall commence as of the date hereof.
(b) The leasehold estate created hereby shall terminate the earlier of (i) at 11 :59 P.M. on February 15, 2034; and (ii) the day immediately following the expiration or earlier termination of the Lease Agreement as set forth under Article VI hereunder. 60321-037v5
(c) The period commencing on the date described in Section 2.4(a) herein through the date described in Section 2.4(b) herein shall be herein defined as the "Lease Term".
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Facility (subject to the provisions of Sections 5.3 and 7.1 hereof) and the leasehold estate created hereby shall commence on the date hereof.
(b) The leasehold estate created hereby shall, without any further action of the parties hereto, terminate at 11:59 P.M. on December 31, 2025, or on such earlier date as may be permitted by Section 8.1 hereof.
(c) The period commencing on the date described in Section 2.5(a) herein through the date described in Section 2.5(b) herein shall be herein defined as the Lease Term.
(d) The Agency shall, subject to the provisions of Sections 5.3 and 7.1 hereof, neither take nor suffer nor permit any action, other than pursuant to Articles VII or VIII of this Leaseback Agreement, to prevent the Company, during the term of this Leaseback Agreement, from having quiet and peaceable possession and enjoyment of the Facility and will, at the request of the Company and at the Company's cost, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Facility as hereinabove provided.
(e) The Company hereby irrevocably appoints and designates the Agency as its attorney-in-fact for the purpose of executing and delivering and recording any necessary terminations of lease together with any documents required in connection therewith and to take such other and further actions in accordance with this Leaseback Agreement as shall be reasonably necessary to terminate the Agency's leasehold interest in the Project upon the expiration or termination hereof. Notwithstanding any such expiration or termination of this Leaseback Agreement, the Company's obligations under Sections 3.3 and 5.2 hereof and under the Environmental Compliance Agreement shall continue notwithstanding any such termination or expiration.
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Facility (subject to the provisions hereof) and the leasehold estate created hereby shall commence on the date hereof.
(b) The leasehold estate created hereby shall terminate at 11:59 P.M. on February 1, 2033, or on such earlier date as may be permitted by Section 8.1 hereof, or under the Lease Agreement.
(c) The period commencing on the date described in Section 2:5(a) herein through the date described in Section 2.5(b) herein shall be herein defined as the "Lease Term".
(d) The Agency shall, subject to the provisions hereof, neither take nor suffer nor permit any action, other than pursuant to Articles VII or VIII of this Leaseback Agreement, to prevent the Company during the Lease Term from having quiet and peaceable possession and enjoyment of the Facility and will, at the request of the Company and at the Company's cost, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Facility as hereinabove provided.
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Facility (subject to Sections 8.1, 8.3, 9.3 and 10.2 hereof), and the leasehold and subleasehold estate created hereby shall commence, and the Company shall accept possession of the Facility, on the Closing Date.
(b) Except as provided in Sections 10.2 and 11.1 hereof, the term of the estate created hereby (the “Lease Term”) shall terminate at 11:59 p.m. on the Abatement Termination Date (as defined in Schedule A).
(c) Except as provided in Sections 8.3 and 10.2 hereof, the Agency shall neither take nor suffer or permit any action to prevent the Company during the Lease Term from having quiet and peaceable possession and enjoyment of the Facility and will, at the request of the Company and at the Company’s sole cost and expense, cooperate with the Company in order that the Company (any subtenants of the Company permitted pursuant to Section 9.3 hereof) may have quiet and peaceable possession and enjoyment of the Facility as hereinabove provided.
Duration of Lease Term; Quiet Enjoyment. (a) The Agency shall deliver to the Company sole and exclusive possession of the Project Facility (subject to the provisions of Section 5.3 and ARTICLE VII hereof) and the leasehold estate created hereby shall commence as of the date first written above.
(b) The leasehold estate created hereby shall terminate at 11:59 P.M. on December 31 of the calendar year in which the final PILOT Payment (as defined in the PILOT Agreement) is made pursuant to the PILOT Agreement or on such earlier date as may be permitted by Section 8.1 hereof (such period shall be defined as the “Term”).
(c) The Agency shall, subject to the provisions of Section 5.3 and ARTICLE VII hereof neither take nor suffer nor permit any action, other than pursuant to ARTICLE VII or ARTICLE VIII of this Agency Lease, to prevent the Company during the term of this Agency Lease from having quiet and peaceable possession and enjoyment of the Project Facility and will, at the request of the Company and at the Company’s cost, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project Facility as hereinabove provided.
