License to the Premises; Facility Access Rights. Customer grants to Seller and to Seller’s agents, employees, contractors and assignees an irrevocable non-exclusive license (the “License”) for access to, on, over, under, and across the Premises and Facility for the purposes of (i) installing, constructing, operating, owning, maintaining, accessing, removing, and replacing the System; (ii) performing all of Seller’s obligations and enforcing all of Seller’s rights set forth in this Agreement; and (iii) installing, using, and maintaining electric lines and equipment, including inverters and meters necessary to interconnect the System to Customer’s electric system at the Facility, to the Utility’s electric distribution system, if any, or for any other purpose that may from time to time be useful or necessary in connection with the construction, installation, operation, maintenance, or repair of the System. Seller shall notify Customer at least 48 hours prior to entering the Facility or Premises except in situations where there is imminent risk of damage to persons or property. The term of the License shall continue until the date that is 120 days following the date of expiration or termination of this Agreement (the “License Term”). During the License Term, Customer shall ensure that Seller’s rights under the License and Seller’s access to the Premises and the Facility are preserved and protected. Customer shall not interfere with nor shall permit any third parties to interfere with such rights or access. At request of Seller, Customer shall execute a Memorandum of License, in a form and substance reasonably acceptable to Customer. Seller may, at its sole cost and expense, record such Memorandum of License with the appropriate land registry or recorder’s office. If Seller records a Memorandum of License, Seller, at its sole cost and expense, shall record a memorandum of termination of the License at the expiration or termination of this Agreement.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Solar Power Purchase Agreement
