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. Xxxxxxxx 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, to the extent that it has the authority to do so, not permit any interference with sunlight received at the Lease Area. Without limiting the foregoing, with respect to the Premises and the Remaining Property, Landlord shall not (a) construct or permit to be constructed any structure on the Premises or the Remaining Property that could adversely affect Insolation levels, (b) permit the growth of foliage that could adversely affect Insolation levels, or (c) 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. 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 Lease. Lessor hereby grants to Lessee an exclusive easement to receive Insolation on the Premises during every hour of each day that sunlight could be received by the System (a “Solar Easement”). Accordingly, Xxxxxx shall not permit any interference with insolation on and at the Premises. Without limiting the foregoing, Lessor shall not construct or permit to be constructed any structure on the Property or on any adjacent property owned by any Affiliate of Lessor that could adversely affect insolation levels, permit the growth of foliage that could adversely affect insolation levels, or directly emit or permit the emission of suspended particulate matter, smoke, fog or steam or other air-borne impediments to insolation. By entering into this Agreement, Xxxxxx acknowledges that the emissions from the systems currently located on the Property, if any, do not cause interference with insolation. 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 access easement. In no event shall Lessor be responsible for any costs or expenses incurred by Lessee in taking such preservation measures and Lessee shall be responsible for Lessor’s reasonable costs associated with its cooperation in such preservation measures. This grant of Solar Easement shall run with the term of this Lease and is not terminable by either Xxxxxx or successor-in-interest of either so long as the Lease is in effect. Notwithstanding any other provision of this Lease, the Parties agree that (i) Lessee would be irreparably harmed by a breach of the provisions of this Section 12(d), (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 12(d). Lessor further represents and warrants that, to the best of its knowledge, there are no developments pending or ...
Insolation. (a) 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 the State, its governing body or other entities or persons that have the power to affect the actions of the Buyer (each a “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 4.7(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. Buyer 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.
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. 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. 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.
