Owner’s Right to Terminate. Owner shall have the right to terminate all or any portion of its rights in this Agreement after the fourth (4th) anniversary of the Effective Date if, at the time Owner’s written termination notice is delivered, Tenant has not commenced construction of Solar Facilities for the Project on the Property.
Appears in 2 contracts
Samples: Lease and Easement Agreement, Solar Lease and Easement Agreement
Owner’s Right to Terminate. Subject to Section 12.4, Owner shall have the right to terminate all or any portion of its rights in this Agreement after the fourth fifth (4th5th) anniversary of the Effective Date if, at the time Owner’s written termination notice is delivered, Tenant Grantee has not commenced construction (other than Limited Construction Activities) of Solar Facilities for the a Project designed to be at least partially located on the Property, on land on or near the Property (the commencement of construction being as defined in Section 3.1(a)).
Appears in 1 contract
Samples: Solar Lease and Easement Agreement
Owner’s Right to Terminate. Owner shall have the right to terminate all or any portion of its rights in this Agreement after the fourth fifth (4th5th) anniversary of the Effective Date if, at the time Owner’s written termination notice is delivered, Tenant Grantee has not commenced construction of Solar Facilities for the Project on or near the Property. The terms “commencing construction” and “commencement of construction” as used in this Agreement shall mean that date on which Grantee begins grading of the Property for the installation of the Solar Facilities.
Appears in 1 contract
Samples: Lease and Easement Agreement