Owner’s Retained Rights Sample Clauses
The Owner’s Retained Rights clause defines specific rights that the owner reserves for themselves, even after granting certain permissions or transferring interests to another party. Typically, this clause outlines areas such as intellectual property, use of project materials, or access to the property that the owner continues to control regardless of other agreements. For example, an owner might retain the right to use certain designs or data for future projects, or to access the property for inspections. The core function of this clause is to ensure that the owner maintains essential control or benefits, preventing unintended loss of important rights during contractual arrangements.
Owner’s Retained Rights. Owner shall retain all rights and powers relating to the operation and maintenance of the Facility not specifically granted to Operator under this Agreement (the “Retained Rights”), including the following rights and powers:
(a) review and determination of general policies and procedures not delegated to Operator;
(b) approval of all press releases and publicity material relating to this Agreement or the Facility;
(c) approval of commitments to incur expenditures in relation to any expenditures not included in the applicable Approved Budget;
(d) approval of any amendment to, waiver or revision of or termination of any Project Contract;
(e) conduct or resolution of any dispute in relation to any Project Contract (other than this Agreement in relation to Operator);
(f) performance of any obligations of Operator if Operator fails to perform such obligations hereunder;
(g) other than routine and ordinary course matters regarding the operation and maintenance of the Facility, notification and communication with Government Authorities regarding the Facility;
(h) access rights to enter and inspect the Facility by Owner’s employees or agents, to accompany or send prospective Customers to the Facility for review, including any environmental assessment or review, and to make repairs or improvements. Prior to such access, notice shall be given to Operator, whenever it is reasonable to do so; and
(i) office space for Owner’s employees or agents to work, have meetings, conduct audits, investigations, entertain visitors and customers, access to high speed internet network connection, private phone line, access to copiers, fax machines, use of general office supplies, toilets, showers and kitchen facilities, and capability to reserve conference rooms.
Owner’s Retained Rights. Owner shall retain all rights and powers relating to the operation and maintenance of the Facility not specifically granted to Operator under this Agreement (the “Retained Rights”), including the following rights and powers to:
(a) establish general policies and procedures not delegated to Operator;
(b) approve all press releases and publicity material relating to the Project;
(c) approve of commitments to incur expenditures in relation to any expenditures not included in the applicable Approved Budget;
(d) approve of any making, amendment to, waiver or revision of or termination of any Project Contract;
(e) conduct or resolve any dispute in relation to any Project Contract (other than this Agreement in relation to Operator);
(f) perform (or engage a third party to perform) any obligations of Operator if Operator fails to perform such obligations hereunder;
(g) other than routine and ordinary course matters regarding the operation and maintenance of the Facility or otherwise provided for hereunder, notify and communicate with Government Authorities regarding the Facility;
(h) enter and inspect the Facility by Owner’s employees, customers, lenders, insurers or other agents; and
(i) utilize office space for Owner’s employees and agents at the Facility.
Owner’s Retained Rights. Owner will retain the right to use the portion of the Premises not occupied by Solar Facilities to the extent its use is not inconsistent with Project Company’s rights under this Lease for uses solely intended to qualify Premises for Texas Agricultural Tax Exemption, not before five years prior to lease expiration, starting five years prior to the end of the Operating Term or the Renewal Term, as the case may be.
Owner’s Retained Rights. Owner will retain the right to use the portion of the Premises not occupied by Solar Facilities to the extent its use is not inconsistent with Project Company’s rights under this Lease, for uses such as farming, grazing, recreation, hunting, or conservation. However, hunting must be done in a safe manner that does not interfere with Project Company’s use of the Premises, damage any Solar Facilities, or endanger or injure any of Project Company’s personnel, business invitees, agents, contractors or property. If initial construction of the Project on the Premises takes place during hunting season, Project Company will reimburse Owner for the loss or partial loss of reasonable hunting license fees that would have been paid to Owner during the period of such initial construction had such construction not occurred, to the extent such loss is demonstrated by Owner through such documentation as may be reasonable and necessary in Project Company’s determination to verify such loss (including without limitation documentation demonstrating Owner’s revenue from hunting license fees during prior hunting seasons). Owner will indemnify Project Company from any such interference, damage or injury caused by hunting authorized by Owner. Owner will be entitled to use any private road constructed by Project Company on the Premises.
Owner’s Retained Rights. Owner shall retain all rights and powers relating to the operation and maintenance of the Facility not specifically granted to Operator under this Agreement (the “Retained Rights”), including the following rights and powers:
(a) review and determination of general policies and procedures not delegated to Operator;
(b) approval of all press releases and publicity material relating to this Agreement or the Facilities;
(c) approval of commitments to incur expenditures in relation to any expenditures not included in the Budget; and
(d) performance of any obligations of Operator if Operator fails to perform such obligations hereunder.
Owner’s Retained Rights. City and Developer each reserves the right to use the portions of the Easement Areas that they individually own for such other purposes or uses that do not unreasonably interfere with uses of the Easement Areas as provided herein, including use for storm water drainage and retention for City Property so long as the Drainage System continues to accommodate the required storm water flows and access through the Drainage Channel Easement by others, including parking.
Owner’s Retained Rights. Owner shall retain all rights and powers relating to the operation and maintenance of the Facility not specifically granted to Operator under this Agreement (the “Retained Rights”), including the following rights and powers to:
(a) review and determination of general policies and procedures not delegated to Operator;
(b) approve of all press releases and publicity material relating to this Agreement or the Facility;
(c) approve of commitments to incur expenditures in relation to any expenditures not included in the applicable Approved Budget;
(d) approve of any amendment to, waiver or revision of or termination of any Project Contract;
(e) conduct or resolve any dispute in relation to any Project Contract (other than this Agreement in relation to Operator);
(f) perform (or engage a third party to perform) any obligations of Operator if Operator fails to perform such obligations hereunder (which will result in a reduction in the Operating Expenses included in the Approved Operating Plan associated with such obligations equal to the reasonable costs of, or incidental to, performing (or engaging a third party to perform) such obligations;
(g) other than routine and ordinary course matters regarding the operation and maintenance of the Facility, notify and communicate with Government Authorities regarding the Facility;