Common use of Insolation Clause in Contracts

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. 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.