Premises Selection. Notwithstanding assistance provided by Us to You, You are responsible for locating the Premises and negotiating a lease or purchase agreement for the property, as provided in Section 10 of this Agreement. You acknowledge that Our duties with regard to Your site are limited to providing reasonable site location assistance and approval of sites meeting System Standards, and that this Agreement cannot be terminated for Your failure to secure Your location.
(a) For Cart or Mobile Units, there may be multiple and varied locations for the units. You must secure Our approval for every site from which Your Cart or Mobile Unit is intended to operate as provided in Section 4.02.
Premises Selection. Landlord acknowledges and agrees that the size, shape and location of the area of the Preliminary Premises comprising the Premises is, as of the Effective Date, approximate, and that the results of the Diligence Activities may dictate alterations thereto. Tenant shall provide to Landlord at any time prior to or on the Construction Commencement Date the legal description or depiction of the Premises subject to the Lease, which depiction or description shall definitively establish the total acreage of the Premises (as may be updated pursuant hereto, the “Acreage”), and the Parties shall replace Exhibit B-2 with the same, without requiring a formal amendment of this Agreement. Tenant may further revise and update said description at any time up to thirty (30) days following the Operations Date (as defined below) to depict the Premises more accurately in light of the as-built footprint of the Solar Project Improvements; provided, however, that the revised description may not materially depart from the real property depicted and described in the original Exhibit B-2 without Landlord’s consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall use commercially reasonable efforts to cause its surveyor or title company to provide such description and depiction.
