Insolation. Purchaser understands that unobstructed access to sunlight (“Insolation”) is essential to Seller’s performance of its obligations and a material term of this Agreement. Purchaser shall not in any way cause and, where possible, shall not in any way permit any interference with the System’s Insolation. If Purchaser becomes aware of any activity or condition that could diminish the Insolation of the System, Purchaser shall notify Seller immediately and shall cooperate with Seller in preserving the System’s existing Insolation levels. The Parties agree that reducing Insolation would irreparably injure Seller, that such injury may not be adequately compensated by an award of money damages, and that Seller is entitled to seek specific enforcement of this Section 8(h) against Purchaser.
Insolation. Lessee understands that unobstructed access to sunlight (“Insolation”) is essential to Lessor’s performance of its obligations and a material term of this Agreement. Lessee shall not in any way cause and, where possible, shall not in any way permit any interference with the System’s Insolation. If Lessee becomes aware of any activity or condition that could diminish the Insolation of the System, Lessee shall notify Lessor immediately and shall cooperate with Lessor in preserving the System’s existing Insolation levels. The Parties agree that reducing Insolation would irreparably injure Lessor, that such injury may not be adequately compensated by an award of money damages, and that Lessor is entitled to seek specific enforcement of this Section (10) against Lessee.
Insolation. Purchaser acknowledges that unobstructed access to sunlight (“Insolation”) is essential to Seller’s performance of its obligations and a material term of this Agreement. Purchaser shall not, to the extent within its reasonable control, cause or permit any interference with the System’s Insolation, and shall ensure that vegetation on the Premises adjacent to the System is regularly pruned or otherwise maintained to prevent interference with the System’s Insolation. If Purchaser discovers any activity or condition that could diminish the Insolation of the System, Purchaser shall immediately notify Seller and cooperate with Seller in preserving and restoring the System’s Insolation levels as they existed on the Effective Date.
Insolation. Subject to the requirements of Applicable Laws, Licensor shall not construct or permit to be constructed any structure on the Site and Premises that could materially and adversely affect Insolation levels, or emit or permit the emission of suspended particulate matter, smoke, fog or steam or other air-borne impediments to Insolation other than those that may be emitted from the normal operation of the buildings presently located on the Site or from vehicular traffic. Licensee shall have permission to remove any such vegetation on the Site that impedes insolation to the Project, following express authorization from the Licensor, which shall not be unreasonably withheld, conditioned, or denied and consistent with section 13
Insolation. Purchaser understands that unobstructed access to sunlight (“Insolation”) is essential to Seller’s performance of its obligations and a material term of this Agreement. Purchaser shall not in any way cause and, where possible, shall not in any way permit any interference with the System’s Insolation. If Purchaser becomes aware of any activity or condition that could diminish the Insolation of the System, Purchaser shall notify Seller immediately and shall cooperate with Seller in preserving the System’s existing Insolation levels. The Parties agree that reducing Insolation would irreparably injure Seller, that such injury may not be adequately compensated by an award of money damages, and that Seller is entitled to seek specific enforcement of this Section 9(h) against Purchaser. If Purchaser allows or causes any activity or condition that diminishes Insolation levels specified in Exhibit 2 Attachment A so as to cause energy generation of the System to fall more than 15 % below projections in Exhibit 1, Purchaser and Seller agree that until the activity ceases or conditions are returned to Insolation levels specified in Exhibit 2 Attachment A, Seller may xxxx for energy based on the amount of energy that would have been produced without loss of Insolation in accordance with the procedures in Section 11.b.
Insolation. Xxxxxx acknowledges and agrees that access to sunlight ("Insolation") is essential to the value to Xxxxxx of the leasehold interest granted hereunder and is a material inducement to Lessee in entering into this Agreement. Accordingly, Lessor shall not permit any interference on the Property (exclusive of the Premises) or any neighboring property under Lessor's or its Affiliate's control which interferes with Insolation on and at the Premises. Without limiting the foregoing, Lessor shall not construct or permit to be constructed on the Property or any adjoining property under Lessor's control any structure on or adjacent to the Premises or on any adjacent property owned by any Affiliate of Lessor that could adversely affect Insolation levels on the Premises, shall not permit the growth of foliage on the Prope1iy (exclusive of the Premises) or any neighboring prope1ty under Lessor's or its Affiliate's control that could adversely affect Insolation levels on the Premises, or directly emit or permit the emission of suspended pmticulate matter, smoke, fog or steam or other air-borne impediments to Insolation on the Premises. If Lessor becomes aware of any potential development or other activity on adjacent or nearby properties that could diminish the Insolation to the Premises, Lessor shall promptly advise Lessee of such information and reasonably cooperate with Lessee in taking measures to preserve average levels of Insolation at the Premises as they existed as of the Lease Commencement Date. Such measures may include, but not be limited to, obtaining a solar insolation easement. In the event any such obstruction occurs and is not promptly removed following notice of such obstruction, Lessee shall have the right to terminate this Agreement without penalty or fmther liability, upon notice to Lessor in accordance with Section 22. Additionally, Lessee shall have the right to remove, cut or trim trees and other vegetation on the Property in accordance with Section 4(e). Notwithstanding any other provision of this Agreement, the Parties agree that
(i) Xxxxxx would be irreparably harmed by a breach of the provisions of this Section 13(g),
(ii) an award of damages might be inadequate to remedy such a breach, and (iii) Lessee shall be entitled to equitable relief, including specific performance, to compel compliance with the provisions of this Section l 3(g). Lessor fmther represents and warrants that, to the best of its knowledge, there are no developments pending or...
Insolation. Buyer understands that unobstructed access to sunlight (“Insolation”) is essential to Seller’s Performance of its obligations and a material term of each Agreement. Seller acknowledges that in the future, Buyer may be obligated by its governing body ( “Controlling Entity”), to construct a building or take other actions that may negatively impact the Insolation on the SEF. Therefore, Buyer shall take no action within its control that adversely interferes with the SEF’s Insolation, provided that, if a Controlling Entity obligates Buyer to take an action that may negatively impact the Insolation on the SEF that Buyer must comply with, Buyer shall mitigate such negative impact on the SEF and Seller by either (i) compensating Seller for the reduced output of the SEF by payment for Lost Seller Revenue or (ii) use best reasonable efforts to provide an alternate location for the SEF in accordance with Section 4.8(b). If Buyer becomes aware of any activity or condition that could diminish the Insolation of the SEF, Buyer shall notify Seller and shall cooperate with Seller in preserving the SEF’s existing Insolation levels. Seller may inspect site on a quarterly basis and notify Buyer of perceived activity that is interfering with the SEF’s Insolation. Xxxxx agrees that any interference with SEF’s Insolation, caused or permitted by any Buyer Act and which Insolation interference has been documented by Seller in good faith, shall be a Buyer Event of Default. If Buyer elects to provide an alternative location for the SEF on the Property, Buyer shall promptly provide Seller with a mutually agreeable substitute premises in a location with similar or better solar insolation than the current Premises (“Substitute Premises”). Buyer shall provide at least one hundred and eighty (180) days written notice prior to the date on which it desires to effect such substitution of the Premises (“Substitution Notice Period”). In connection with such substitution, Xxxxx and Seller shall work in good faith to Amend the applicable Site Specific PPA to reflect the terms of such substitution. If Buyer and Seller fail, in good faith, to reach an agreement and execute an Amendment to the applicable Site Specific PPA within the Substitution Notice Period, unless such period is extended at Seller’s sole discretion, the substitution shall not be allowed and Buyer shall compensate Seller in accordance with Section 4.8(a)(i).
Insolation. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Contract Year. RV = (ATP – kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Contract Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Contract Year by the total amount of delivered electricity by the electric utility during such Contract Year. kWh Rate = the kWh Rate in effect for the applicable Contract Year(s), measured in $/kWh.
Insolation. District agrees that access to sunlight (“Insolation”) is essential to Provider’s ability to provide the projected Output, and is a material inducement to Provider in entering into this Agreement. Accordingly, District shall not permit any interference with Insolation available to the Solar Facility. If District becomes aware of any potential development, foliage or trees, or other activity on adjacent or nearby properties that will diminish the Insolation to the Leased Site or the Solar Facility, District shall advise Provider of such information and reasonably cooperate with Provider in reasonable measures taken by Provider in an attempt to preserve existing levels of Insolation at the Leased Site and the Solar Facility. If the existing levels of Insolation at the Leased Site and the Solar Facility cannot be preserved, other than due to the fault of either Party, the Parties shall negotiate in good faith an amendment to this Agreement to preserve the benefits and rights of each Party in existence as of the Effective Date.
Insolation. The Using Agency understands that unobstructed access to sunlight (“Insolation”) is essential to Vendor’s {Contractor’s} performance of its obligations, the performance of the System, and a material requirement of this PPA and the Agreement as a whole. The Using Agency shall not cause and, where reasonably possible, shall not permit any interference with the System’s Insolation. If the Using Agency becomes aware of any activity or condition that could diminish the Insolation of the System, the Using Agency shall notify the Vendor {Contractor} immediately and shall cooperate with the Vendor {Contractor} in preserving the System’s existing Insolation levels.