Common use of Insolation Clause in Contracts

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 in progress on adjacent or nearby properties that could diminish the insolation to the Premises. Lessee represents and warrants that it has conducted an inspection of the Premises and Property as well as the surrounding developments and found there are no pending or in progress developments on adjacent or nearby properties that would impend its access to insolation.

Insolation. Xxxxxx Without any express or implied duty to investigate, and with Xxxxxx’s acknowledgement that it is taking the Premises “as-is” and with all obligations to do its own feasibility review, Landlord acknowledges and agrees that access the Solar Easement granted pursuant to sunlight (“Insolation”) this Lease is essential to the value to Xxxxxx of the leasehold interest granted hereunder herein and is a material inducement to Lessee Tenant 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 Landlord shall, to the extent that it has the authority to do so, not permit any interference with insolation on and sunlight received at the PremisesLease Area. Without limiting the foregoing, Lessor 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 or on any adjacent property owned by any Affiliate of Lessor that could adversely affect insolation Insolation levels or place or permit to be placed any object on the Premises or the Remaining Property that could adversely affect Insolation levels, (b) permit the growth of vegetation or foliage on the Remaining Property that could adversely affect insolation Insolation levels, or directly (c) emit or permit the emission of suspended particulate matter, smoke, fog or steam or other air-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 insolationInsolation. If Lessor Landlord becomes aware of any potential development or other activity on adjacent or nearby properties that could diminish has a reasonable likelihood of diminishing the insolation Insolation to the PremisesLease Area, Lessor Landlord shall promptly advise Lessee of such information and reasonably cooperate with Lessee in taking measures Tenant’s efforts to preserve average levels of insolation prevent interference with Insolation at the Premises as they existed as of the Lease Commencement Date. Such measures may includeArea including without limitation efforts to obtain, but not be limited toat Tenant’s sole expense, 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 in progress on easement agreements from adjacent or nearby properties that could diminish the insolation to the Premises. Lessee represents and warrants that it has conducted an inspection of the Premises and Property as well as the surrounding developments and found there are no pending or in progress developments on adjacent or nearby properties that would impend its access to insolationproperty owners.

Insolation. Xxxxxx Without any express or implied duty to investigate, and with Tenant’s acknowledgement that it is taking the Premises “as-is” and with all obligations to do its own feasibility review, Landlord acknowledges and agrees that access the Solar Easement granted pursuant to sunlight (“Insolation”) this Lease is essential to the value to Xxxxxx of the leasehold interest granted hereunder herein and is a material inducement to Lessee Tenant 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 Landlord shall, to the extent that it has the authority to do so, not permit any interference with insolation on and sunlight received at the PremisesLease Area. Without limiting the foregoing, Lessor 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 or on any adjacent property owned by any Affiliate of Lessor that could adversely affect insolation Insolation levels or place or permit to be placed any object on the Premises or the Remaining Property that could adversely affect Insolation levels, (b) permit the growth of vegetation or foliage on the Remaining Property that could adversely affect insolation Insolation levels, or directly (c) emit or permit the emission of suspended particulate matter, smoke, fog or steam or other air-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 insolationInsolation. If Lessor Landlord becomes aware of any potential development or other activity on adjacent or nearby properties that could diminish has a reasonable likelihood of diminishing the insolation Insolation to the PremisesLease Area, Lessor Landlord shall promptly advise Lessee of such information and reasonably cooperate with Lessee in taking measures Tenant’s efforts to preserve average levels of insolation prevent interference with Insolation at the Premises as they existed as of the Lease Commencement Date. Such measures may includeArea including without limitation efforts to obtain, but not be limited toat Tenant’s sole expense, 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 in progress on easement agreements from adjacent or nearby properties that could diminish the insolation to the Premises. Lessee represents and warrants that it has conducted an inspection of the Premises and Property as well as the surrounding developments and found there are no pending or in progress developments on adjacent or nearby properties that would impend its access to insolationproperty owners.

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”)Agreement. Accordingly, Xxxxxx 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 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 Property Premises or on any adjacent property owned by any Affiliate of Lessor that could adversely affect insolation levelsInsolation 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 levelsInsolation levels on the Premises, or directly emit or permit the emission of suspended particulate pmticulate 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 Insolation on the Property, if any, do not cause interference with insolationPremises. If Lessor becomes aware of any potential development or other activity on adjacent or nearby properties that could diminish the insolation 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 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 insolation easement. In no the 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 obstruction occurs and is not terminable by either Xxxxxx promptly removed following notice of such obstruction, Lessee shall have the right to terminate this Agreement without penalty or successor-in-interest of either so long as fmther liability, upon notice to Lessor in accordance with Section 22. Additionally, Lessee shall have the Lease is right to remove, cut or trim trees and other vegetation on the Property in effectaccordance with Section 4(e). Notwithstanding any other provision of this LeaseAgreement, 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 in progress on adjacent or nearby properties that could diminish the insolation to the Premises. Lessee represents and warrants that it has conducted an inspection of the Premises and Property as well as the surrounding developments and found there are no pending or in progress developments on adjacent or nearby properties that would impend its access to insolation.