Common use of End of Term Purchase Option Clause in Contracts

End of Term Purchase Option. Host shall have the right to purchase the Project "Project" means an integrated system for the generation of electricity from solar energy consisting of the photovoltaic panels and associated equipment to be installed on each of the Premises in accordance with this Agreement. from Provider at the expiration of the Operations Period at the then Fair Market Value "Fair Market Value" means the price that would be paid in an arm�s length, free market transaction, for cash, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete the transaction, taking into account, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a current location shall not be a deduction from the valuation. of the Project . No earlier than twelve months prior to the expiration of such Operations Period "Operations Period" has the meaning provided in Section 2. and no later than nine (9) months prior to the expiration of the Operations Period , Host "Host" means [Host], a [_____] [corporation], and all successors and assigns. shall notify Provider of its intent to exercise the option. Within ninety-one (91) days of its receipt of such notice, Provider shall give Host its appraisal of the Fair Market Value of the Project at the end of the Term . Host may, but is not obligated to, accept such appraisal. If Host does not accept such appraisal within ten (10) days of receiving the appraisal from Provider , the Parties shall meet to discuss the appraisal. If they are unable to reach agreement within twenty (20) days of the Host ’s receipt of the appraisal from Provider , the Parties will be deemed to enter into a dispute for purposes of Section 23(a) and shall follow the procedures in Section 23 for resolution of the dispute. Notwithstanding the foregoing, in the event that Provider enters into a sale/leaseback transaction in connection with funding the installation of the Project , the process of determining the Fair Market Value of the Project in this Agreement shall be undertaken by a nationally recognized independent appraiser with experience and expertise in the solar photovoltaic industry acting reasonably and in good faith to determine the Fair Market Value "Fair Market Value" means the price that would be paid in an arm�s length, free market transaction, for cash, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete the transaction, taking into account, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a current location shall not be a deduction from the valuation. of the Project and shall be undertaken consistently with the terms of such transaction so that the process for determining Fair Market Value under this Agreement shall be the same as provided in the agreements for such sale/leaseback transaction. [(9b) At the expiration of the Operations Period "Operations Period" has the meaning provided in Section 2. the customer has the right to purchase the system at the fair market value at that time.]

End of Term Purchase Option. Host To elect this option, you shall have give Lessor 60 days’ prior irrevocable written notice (unless the right to purchase the Project "Project" means an integrated system for the generation of electricity from solar energy consisting of the photovoltaic panels and associated equipment to be installed on each of the Premises in accordance with this Agreement. from Provider at Purchase Option price is $1.00) that you will purchase, upon the expiration of the Operations Period Lease Term, all the Listed Items at the then Fair Market Value "Purchase Option price plus any Costs. (b) PRIOR TO MATURITY PURCHASE. You may, at any time, upon 60 days’ prior irrevocable written notice, purchase all the Listed Items at a price equal to the sum of all remaining Payments, plus the Fair Market Value" means , plus Costs. For purposes of this Agreement, “Fair Market Value” shall be Lessor’s retail price at the price that would time you notify Lessor of your intent to purchase the Listed Items. (c) Listed Item purchases shall be paid in an arm�s length“AS-IS WHERE-IS” without warranty, free market transactionexcept for title; purchases of licenses of Listed Software are subject to the terms thereof. (d) Unless this Agreement contains a $1.00 Purchase Option, for cashthis Agreement shall automatically renew on a month to month basis at the same Payment amount (subject to increase of Usage Payments) and frequency unless you, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete at least 60 days before the transaction, taking into account, among other things, the age and performance end of the Project and advances in solar technologyLease Term, provided send to Lessor written notice (the "End of Term Notice") that installed equipment shall be valued on an installed basis and costs of removal from a current location shall you either (i) are purchasing all (but not be a deduction from the valuation. less than all) of the Project . No earlier than twelve months prior Equipment in accordance with the terms hereof, or (ii) do not want to the expiration of such Operations Period "Operations Period" has the meaning provided in Section 2. and no later than nine (9) months prior to the expiration of the Operations Period , Host "Host" means [Host], a [_____] [corporation]renew this Agreement, and all successors and assigns. shall notify Provider of its intent to exercise the option. Within ninety-one (91) days of its receipt of such notice, Provider shall give Host its appraisal of the Fair Market Value of the Project at the end of the Lease Term shall return the Equipment as provided below. Host mayUnless this Agreement automatically renews or you purchase the Equipment as provided in this Agreement, but is not obligated toyou shall, accept such appraisalat the termination of the Lease Term, return the Equipment at your sole cost and expense in good operating condition, ordinary wear and tear resulting from proper use excepted, to a location specified by Lessor. Lessor may charge you a return fee equal to the greater of one Fixed Payment or of up to $250 for the processing of returned Equipment. If Host does not accept such appraisal within ten (10) days of receiving the appraisal from Provider , the Parties shall meet for any reason you fail to discuss the appraisal. If they are unable return any Equipment to reach agreement within twenty (20) days of the Host ’s receipt of the appraisal from Provider , the Parties will be deemed to enter into a dispute for purposes of Section 23(a) and shall follow the procedures in Section 23 for resolution of the dispute. Notwithstanding the foregoing, in the event that Provider enters into a sale/leaseback transaction in connection with funding the installation of the Project , the process of determining the Fair Market Value of the Project Lessor as provided in this Agreement by the last day of such Lease Term, you shall be undertaken pay to Lessor upon demand one billing period's Fixed Payment for each billing period or portion thereof that such return is delayed. If you fail to provide the required End of Term Notice and return the Equipment at the end of the Lease Term, you shall pay to Lessor upon demand the 60 day equivalent of Fixed Payments to satisfy the End of Term Notice period referenced above. You shall reimburse Lessor for any costs incurred by a nationally recognized independent appraiser with experience and expertise in Lessor to place the solar photovoltaic industry acting reasonably and Equipment in good faith to determine the Fair Market Value "Fair Market Value" means the price that would be paid in an arm�s length, free market transaction, for cash, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete the transaction, taking into account, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a current location shall not be a deduction from the valuation. of the Project and shall be undertaken consistently with the terms of such transaction so that the process for determining Fair Market Value under this Agreement shall be the same as provided in the agreements for such sale/leaseback transaction. [(9b) At the expiration of the Operations Period "Operations Period" has the meaning provided in Section 2. the customer has the right to purchase the system at the fair market value at that timeoperating condition.]

End of Term Purchase Option. Host To elect this option, you shall have give Lessor 60 days’ prior irrevocable written notice (unless the right to purchase the Project "Project" means an integrated system for the generation of electricity from solar energy consisting of the photovoltaic panels and associated equipment to be installed on each of the Premises in accordance with this Agreement. from Provider at Purchase Option price is $1.00) that you will purchase, upon the expiration of the Operations Period Lease Term, all the Listed Items at the then Fair Market Value "Purchase Option price plus any Costs. (b) PRIOR TO MATURITY PURCHASE. You may, upon 60 days’ prior irrevocable written notice, purchase all the Listed Items at a price equal to the sum of all remaining Payments, plus the Fair Market Value" means , plus Costs. For purposes of this Agreement, “Fair Market Value” shall be Lessor’s retail price at the price that would time you notify Lessor of your intent to purchase the Listed Items. (c) Listed Item purchases shall be paid in an arm�s length“AS-IS WHERE-IS” without warranty, free market transactionexcept for title; purchases of licenses of Listed Software are subject to the terms thereof. (d) Unless this Agreement contains a $1.00 Purchase Option, for cashthis Agreement shall automatically renew on a month to month basis at the same Payment amount (subject to increase of CSA Payments) and frequency unless you, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete at least 60 days before the transaction, taking into account, among other things, the age and performance end of the Project and advances in solar technologyLease Term, provided send to Lessor written notice (the "End of Term Notice") that installed equipment shall be valued on an installed basis and costs of removal from a current location shall you either (i) are purchasing all (but not be a deduction from the valuation. less than all) of the Project . No earlier than twelve months prior Equipment in accordance with the terms hereof, or (ii) do not want to the expiration of such Operations Period "Operations Period" has the meaning provided in Section 2. and no later than nine (9) months prior to the expiration of the Operations Period , Host "Host" means [Host], a [_____] [corporation]renew this Agreement, and all successors and assigns. shall notify Provider of its intent to exercise the option. Within ninety-one (91) days of its receipt of such notice, Provider shall give Host its appraisal of the Fair Market Value of the Project at the end of the Lease Term shall return the Equipment as provided below. Host mayUnless this Agreement automatically renews or you purchase the Equipment as provided in this Agreement, but is not obligated toyou shall, accept such appraisalat the termination of the Lease Term, return the Equipment at your sole cost and expense in good operating condition, ordinary wear and tear resulting from proper use excepted, to a location specified by Lessor. Lessor may charge you a return fee equal to the greater of one Payment or $250 for the processing of returned Equipment. If Host does not accept such appraisal within ten (10) days of receiving the appraisal from Provider , the Parties shall meet for any reason you fail to discuss the appraisal. If they are unable return any Equipment to reach agreement within twenty (20) days of the Host ’s receipt of the appraisal from Provider , the Parties will be deemed to enter into a dispute for purposes of Section 23(a) and shall follow the procedures in Section 23 for resolution of the dispute. Notwithstanding the foregoing, in the event that Provider enters into a sale/leaseback transaction in connection with funding the installation of the Project , the process of determining the Fair Market Value of the Project Lessor as provided in this Agreement by the last day of the Lease Term, you shall be undertaken pay to Lessor upon demand one billing period's Lessor Payment for each billing period or portion thereof that such return is delayed. If you fail to provide the required End of Term Notice and return the Equipment at the end of the Lease Term, you shall pay to Lessor upon demand the 60 day equivalent of Lessor Payments to satisfy the End of Term Notice period referenced above. You shall reimburse Lessor for any costs incurred by a nationally recognized independent appraiser with experience and expertise in Lessor to place the solar photovoltaic industry acting reasonably and Equipment in good faith to determine the Fair Market Value "Fair Market Value" means the price that would be paid in an arm�s length, free market transaction, for cash, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete the transaction, taking into account, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a current location shall not be a deduction from the valuation. of the Project and shall be undertaken consistently with the terms of such transaction so that the process for determining Fair Market Value under this Agreement shall be the same as provided in the agreements for such sale/leaseback transaction. [(9b) At the expiration of the Operations Period "Operations Period" has the meaning provided in Section 2. the customer has the right to purchase the system at the fair market value at that timeoperating condition.]

End of Term Purchase Option. Host To elect this option, you shall have give Lessor 60 days’ prior irrevocable written notice (unless the right to purchase the Project "Project" means an integrated system for the generation of electricity from solar energy consisting of the photovoltaic panels and associated equipment to be installed on each of the Premises in accordance with this Agreement. from Provider at Purchase Option price is $1.00) that you will purchase, upon the expiration of the Operations Period Lease Term, all the Listed Items at the then Fair Market Value "Purchase Option price plus any Costs. (b) PRIOR TO MATURITY PURCHASE. You may, upon 60 days’ prior irrevocable written notice, purchase all the Listed Items at a price equal to the sum of all remaining Payments, plus the Fair Market Value" means , plus Costs. For purposes of this Agreement, “Fair Market Value” shall be Lessor’s retail price at the price that would time you notify Lessor of your intent to purchase the Listed Items. (c) Listed Item purchases shall be paid in an arm�s length“AS-IS WHERE-IS” without warranty, free market transactionexcept for title; purchases of licenses of Listed Software are subject to the terms thereof. (d) Unless this Agreement contains a $1.00 Purchase Option, for cashthis Agreement shall automatically renew on a month to month basis at the same Payment amount (subject to increase of Usage Payments) and frequency unless you, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete at least 60 days before the transaction, taking into account, among other things, the age and performance end of the Project and advances in solar technologyLease Term, provided send to Lessor written notice (the "End of Term Notice") that installed equipment shall be valued on an installed basis and costs of removal from a current location shall you either (i) are purchasing all (but not be a deduction from the valuation. less than all) of the Project . No earlier than twelve months prior Equipment in accordance with the terms hereof, or (ii) do not want to the expiration of such Operations Period "Operations Period" has the meaning provided in Section 2. and no later than nine (9) months prior to the expiration of the Operations Period , Host "Host" means [Host], a [_____] [corporation]renew this Agreement, and all successors and assigns. shall notify Provider of its intent to exercise the option. Within ninety-one (91) days of its receipt of such notice, Provider shall give Host its appraisal of the Fair Market Value of the Project at the end of the Lease Term shall return the Equipment as provided below. Host mayUnless this Agreement automatically renews or you purchase the Equipment as provided in this Agreement, but is not obligated toyou shall, accept such appraisalat the termination of the Lease Term, return the Equipment at your sole cost and expense in good operating condition, ordinary wear and tear resulting from proper use excepted, to a location specified by Lessor. Lessor may charge you a return fee equal to the greater of one Fixed Payment or $250 for the processing of returned Listed Items. If Host does not accept such appraisal within ten (10) days of receiving the appraisal from Provider , the Parties shall meet for any reason you fail to discuss the appraisal. If they are unable return any Equipment to reach agreement within twenty (20) days of the Host ’s receipt of the appraisal from Provider , the Parties will be deemed to enter into a dispute for purposes of Section 23(a) and shall follow the procedures in Section 23 for resolution of the dispute. Notwithstanding the foregoing, in the event that Provider enters into a sale/leaseback transaction in connection with funding the installation of the Project , the process of determining the Fair Market Value of the Project Lessor as provided in this Agreement by the last day of the Lease Term, you shall be undertaken pay to Lessor upon demand one billing period's Fixed Payment for each billing period or portion thereof that such return is delayed. If you fail to provide the required End of Term Notice and return the Equipment at the end of such Lease Term, you shall pay to Lessor upon demand the 60 day equivalent of Fixed Payments to satisfy the End of term Notice period referenced above. You shall reimburse Lessor for any costs incurred by a nationally recognized independent appraiser with experience and expertise in Lessor to place the solar photovoltaic industry acting reasonably and Listed Items in good faith to determine the Fair Market Value "Fair Market Value" means the price that would be paid in an arm�s length, free market transaction, for cash, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete the transaction, taking into account, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a current location shall not be a deduction from the valuation. of the Project and shall be undertaken consistently with the terms of such transaction so that the process for determining Fair Market Value under this Agreement shall be the same as provided in the agreements for such sale/leaseback transaction. [(9b) At the expiration of the Operations Period "Operations Period" has the meaning provided in Section 2. the customer has the right to purchase the system at the fair market value at that timeoperating condition.]

End of Term Purchase Option. Host (a) This Lease shall be deemed a "FMV Lease" and Lessee shall have an end of term purchase option as follows. Provided this Lease has not been terminated earlier and there exists no Default or Event of Default, not earlier than 90 days and not later than 30 days before the end of the Original Term, Lessee may deliver to Lessor an irrevocable notice electing to purchase all (but not less than all) of the Equipment at the end of the Original Term for an amount equal to the Fair Market Value, as defined below, ofsuch Equipment, which amount Lessee shall pay to Lessor on the last day of the Original Term. If no such notice is delivered by Lessee to Lessor within such period, Lessee shall be deemed to have waived any right to purchase the Project "Project" means an integrated system for the generation of electricity from solar energy consisting such Equipment. (b) Upon full payment to it of the photovoltaic panels amount specified in clause (a)of this Paragraph7, Lessor shall transfer its right, title and associated equipment interest in and to be installed on each such Equipment to Lessee without recourse or warranty, except that Lessor shall warrant that such Equipment is free and clear of the Premises in accordance with this Agreementany lien or encumbrance arising by or through Lessor. from Provider at the expiration of the Operations Period at the then Fair Market Value (c) "Fair Market Value" means shall mean the price that value which would be paid obtain in an arm�s length, free market transaction, for cash, arm's-length transaction between an informedinformed and willing buyer-user (other than a lessee currently in possession or a used equipment dealer) under no compulsion to buy, willing seller and an informed and willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is seller under no compulsion to complete the transactionsell and, taking into accountin such determination, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a the location of current location use shall not be a deduction from the valuationsuch value. of the Project . No earlier than twelve months prior to the expiration of such Operations Period "Operations Period" has the meaning provided in Section 2. and no later than nine (9) months prior to the expiration of the Operations Period , Host "Host" means [Host], a [_____] [corporation], and all successors and assigns. shall notify Provider of its intent to exercise the option. Within ninety-one (91) days of its receipt of such notice, Provider shall give Host its appraisal of the Fair Market Value of the Project at the end of the Term . Host may, but is not obligated to, accept such appraisal. If Host does not accept such appraisal within ten (10) days of receiving the appraisal from Provider , the Parties shall meet to discuss the appraisal. If they are unable to reach agreement within twenty (20) days of the Host ’s receipt of the appraisal from Provider , the Parties will be deemed to enter into a dispute for purposes of Section 23(a) and shall follow the procedures in Section 23 for resolution of the dispute. Notwithstanding the foregoing, in the event that Provider enters into a sale/leaseback transaction in connection with funding the installation of the Project , the process of determining the Fair Market Value of the Project in this Agreement shall be undertaken determined by the mutual agreement of Lessor and Lessee in accordance with the preceding sentence or, if Lessee and Lessor cannot agree within 20 days after Lessee's notice of election to purchase under clause (a) of this Paragraph 7, by a nationally recognized qualified independent equipment appraiser with experience and expertise in the solar photovoltaic industry acting reasonably and in good faith to determine the Fair Market Value "Fair Market Value" means the price that would be paid in an arm�s lengthselected by Lessor, free market transaction, for cash, between an informed, willing seller and an informed willing buyer (who is neither a lessee in possession nor a used equipment or scrap dealer), neither of whom is under compulsion to complete the transaction, taking into account, among other things, the age and performance of the Project and advances in solar technology, provided that installed equipment shall be valued on an installed basis and costs of removal from a current location shall not be a deduction from the valuation. of the Project and shall be undertaken consistently with the terms of such transaction so that the process for determining Fair Market Value under this Agreement shall be the same as provided in the agreements for such sale/leaseback transaction. [(9b) At the expiration of the Operations Period "Operations Period" has the meaning provided in Section 2. the customer has the right to purchase the system at the fair market value at that timeLessee's cost.]