Common use of Insolation Clause in Contracts

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. (a) Buyer understands that unobstructed access to sunlight (“Insolation”) is essential to Seller’s Performance 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 4.8(b4.7(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. Xxxxx 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. 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. (a) Buyer understands that unobstructed access to sunlight (“Insolation”) is essential to Seller’s Performance 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 4.8(b4.78(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 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. 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. Buyer (a) Xxxxx understands that unobstructed access to sunlight (“Insolation”) is essential to Seller’s Performance 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 4.8(b4.78(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).