Common use of Environmental Benefits Clause in Contracts

Environmental Benefits. Landowner acknowledges that Company or its assignee is the exclusive owner of electricity (kWh) generated by the Solar Facility and owner of all renewable energy credits and other Environmental Attributes and Environmental Incentives of the Solar Facility. “Environmental Attributes” means all environmental and other attributes that differentiate the Solar Facility or the energy output from the Solar Facility from energy generated by certain other generation units, fuels or resources, including those attributable to the avoidance of environmental impacts on air, soil or water, such as the emission of any oxides of nitrogen, sulfur or carbon or of mercury, or other gas or chemical, soot, particulate matter or other substances attributable to the Solar Facility or the compliance of the Solar Facility and/or the energy output of the Solar Facility with the law, rules and standards of any governmental authority, the United Nations Framework Convention on Climate Change (the “UNFCCC”) or the Kyoto Protocol to the UNFCCC or crediting “early action” with a view thereto, the Clean Air Markets Division of the Environmental Protection Agency or successor administrator or any state or federal entity given jurisdiction over a program involving transferability of environmental attributes or the right of Company to report to any federal, state, or local agency, authority or other party that Company owns the environmental attributes associated with the energy output from the Solar Facility. “Environmental Incentives” include, but are not limited to, all credits (including tax credits), rebates, benefits, reductions, offsets, and allowances and entitlements of any kind, howsoever entitled, resulting from the Environmental Attributes. Landowner shall not make or publish any public statement or notice regarding any Environmental Incentive, any Environmental Attribute, the energy output or the Gross Revenues from the Solar Facility.

Environmental Benefits. Landowner acknowledges that Company or its assignee is the exclusive owner of electricity (kWh) generated by the Solar Facility and owner of all renewable energy credits and other Environmental Attributes and Environmental Incentives of the Solar Facility. “Environmental Attributes” means all environmental and other attributes that differentiate the Solar Facility or the energy output from the Solar Facility from energy generated by certain other generation units, fuels or resources, including those attributable to the avoidance of environmental impacts on air, soil or water, such as the emission of any oxides of nitrogen, sulfur or carbon or of mercury, or other gas or chemical, soot, particulate matter or other substances attributable to the Solar Facility or the compliance of the Solar Facility and/or or the energy output of the Solar Facility with the law, rules and standards of any governmental authority, the United Nations Framework Convention on Climate Change (the “UNFCCC”) or the Kyoto Protocol to the UNFCCC or crediting “early action” with a view thereto, the Clean Air Markets Division of the Environmental Protection Agency or successor administrator or any state or federal entity given jurisdiction over a program involving transferability of environmental attributes or the right of Company to report to any federal, state, or local agency, authority or other party that Company owns the environmental attributes associated with the energy output from the Solar Facility. “Environmental Incentives” include, but are not limited to, all credits (including tax credits), rebates, benefits, reductions, offsets, and allowances and entitlements of any kind, howsoever entitled, resulting from the Environmental Attributes. Landowner shall not make or publish any public statement or notice regarding any Environmental Incentive, any Environmental Attribute, the energy output or the Gross Revenues from the Solar Facility.