Common use of Insolation Clause in Contracts

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.

Appears in 1 contract

Samples: Solar Lease Agreement

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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, shall not permit any interference with sunlight received Insolation on and 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 Premises, the Remaining Property or any adjacent or nearby 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.

Appears in 1 contract

Samples: Solar Lease Agreement

Insolation. Xxxxxxxx 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, to the extent that it has the authority to do so, shall not permit any interference with sunlight received Insolation on and 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 Premises, the Remaining Property or any adjacent or nearby 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.

Appears in 1 contract

Samples: Solar Lease Agreement

Insolation. Xxxxxxxx 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, 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.

Appears in 1 contract

Samples: Solar Lease Agreement

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Insolation. Xxxxxxxx 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, to the extent that it has the authority to do so, shall not permit any interference with sunlight received the absorption of solar radiation on the System (“Insolation”) on and 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 Premises, the Remaining Property or any adjacent or nearby 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.

Appears in 1 contract

Samples: Solar Lease Agreement

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