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 () against Lessee.
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. Landlord acknowledges and agrees that the Solar Easement granted pursuant to this Lease is essential to the value of the interest granted herein and is a material inducement to Tenant in entering into this Lease. Accordingly, Landlord shall not permit any interference with the absorption of solar radiation on the System (“Insolation”) on and at the Lease Area. Without limiting the foregoing, Landlord shall not construct or permit to be constructed any structure on the Premises, the Remaining Property or any adjacent or nearby property that could adversely affect Insolation levels, permit the growth of foliage that could 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. If Landlord becomes aware of any potential development or other activity on adjacent or nearby properties that has a reasonable likelihood of diminishing the Insolation to the Lease Area, Landlord shall cooperate with Tenant’s efforts to prevent interference with Insolation on or at the Lease Area including but not limited to efforts to obtain, at Tenant’s sole expense, solar easement agreements from adjacent property owners.
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. 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. 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.
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. 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. If the rate variance (“RV”) is zero or less, then no Lost Savings payment is due to Purchaser. Such payment shall occur no later than sixty (60) days after the end of the Contract Year during which such Lost Savings occurred.
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.
