Common use of Public Officials Clause in Contracts

Public Officials. Owner acknowledges that its receipt of monetary and other good and valuable consideration hereunder may represent a conflict of interest if Owner is a government employee or otherwise serves on a governmental entity with decision-making authority (a “Public Official”) as to any rights Tenant may seek, or as to any obligations that may be imposed upon Tenant in order to develop and/or operate the Project (“Development Rights”), and Owner hereby agrees to (1) recuse him/herself from all such decisions related to Tenant ’s Development Rights unless such recusal is prohibited by law or is not reasonably practicable considering the obligations of such Public Official’s position and (2) recuse him/herself from all such decisions related to Tenant ’s Development Rights if such recusal is required by law. If Owner is not required pursuant to (1) or (2) above to recuse him/herself from a decision related to Tenant ’s Development Rights, Owner shall, in advance of any vote or other official action on the Development Rights, disclose the existence of this Agreement (but not the financial terms therein) at an open meeting of the relevant governmental entity Owner serves on as a Public Official. Additionally, if Owner is a Public Official and any of Owner’s spouse, child or other dependent has a financial interest in the Project, Owner shall disclose such relationship (but not the financial terms thereof) at an open meeting of the relevant governmental entity Owner serves on as a Public Official, prior to participation in any decision related to Tenant ’s Development Rights.

Appears in 1 contract

Samples: Solar Lease and Easement Agreement

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Public Officials. Owner acknowledges that its receipt of monetary and other good and valuable consideration hereunder may represent a conflict of interest if Owner is a government employee or otherwise serves on a governmental entity with decision-making authority (a “Public Official”) as to any rights Tenant Grantee may seek, or as to any obligations that may be imposed upon Tenant Grantee in order to develop and/or operate the Project (“Development Rights”), and Owner hereby agrees to (1) recuse him/herself from all such decisions related to Tenant Xxxxxxx’s Development Rights unless such recusal is prohibited by law or is not reasonably practicable considering the obligations of such Public Official’s position and (2) recuse him/herself from all such decisions related to Tenant Xxxxxxx’s Development Rights if such recusal is required by law. If Owner is not required pursuant to (1) or (2) above to recuse him/herself from a decision related to Tenant Xxxxxxx’s Development Rights, Owner shall, in advance of any vote or other official action on the Development Rights, disclose the existence of this Agreement (but not the financial terms therein) at an open meeting of the relevant governmental entity Owner serves on as a Public Official. Additionally, if Owner is a Public Official and any of Owner’s spouse, child or other dependent has a financial interest in the Project, Owner shall disclose such relationship (but not the financial terms thereof) at an open meeting of the relevant governmental entity Owner serves on as a Public Official, prior to participation in any decision related to Tenant Xxxxxxx’s Development Rights.

Appears in 1 contract

Samples: Solar Lease and Easement Agreement

Public Officials. Owner Lessor acknowledges that its receipt of monetary and other good and valuable consideration hereunder may represent a conflict of interest if Owner Lessor or its Affiliate is a government employee or otherwise serves on a governmental entity with decision-making authority (a "Public Official”Officiaf') as to any rights Tenant Lessee may seek, or as to any obligations that may be imposed upon Tenant Lessee in order to develop and/or operate the Project Systems ("Development Rights"), and Owner Lessor hereby agrees for itself and its Affiliates to (1) recuse him/herself from all such decisions related to Tenant ’s Xxxxxx's Development Rights unless such recusal is prohibited by law or is not reasonably practicable considering the obligations of such Public Official’s 's position and (2) recuse him/herself from all such decisions related to Tenant ’s Xxxxxx's Development Rights if such recusal is required by law. If Owner Lessor is not required pursuant to (1) or (2) above to recuse him/herself from a decision related to Tenant ’s Xxxxxx's Development Rights, Owner shallLessor will, in advance of any vote or other official action on the Development Rights, disclose the existence of this Agreement (but not the financial terms therein) at an open meeting of the relevant governmental entity Owner Lessor serves on as a Public Official. Additionally, if Owner Lessor is a Public Official and any of Owner’s Xxxxxx's spouse, child or other dependent has a financial interest in the ProjectSystems, Owner Lessor shall disclose such relationship (but not the financial terms thereof) at an open meeting of the relevant governmental entity Owner Lessor serves on as a Public Official, prior to participation in any decision related to Tenant ’s Xxxxxx's Development Rights.

Appears in 1 contract

Samples: Option and Lease Agreement

Public Officials. Owner acknowledges that its receipt of monetary and other good and valuable consideration hereunder may represent a conflict of interest if Owner is a government employee or otherwise serves on a governmental entity with decision-making authority (a “Public Official”) as to any rights Tenant Grantee may seek, or as to any obligations that may be imposed upon Tenant Grantee in order to develop and/or operate the Project (“Development Rights”), and Owner hereby agrees to (1) recuse him/herself from all such decisions related to Tenant Grantee’s Development Rights unless such recusal is prohibited by law or is not reasonably practicable considering the obligations of such Public Official’s position and (2) recuse him/herself from all such decisions related to Tenant Grantee’s Development Rights if such recusal is required by law. If Owner is not required pursuant to (1) or (2) above to recuse him/herself from a decision related to Tenant Grantee’s Development Rights, Owner shall, in advance of any vote or other official action on the Development Rights, disclose the existence of this Agreement (but not the financial terms therein) at an open meeting of the relevant governmental entity Owner serves on as a Public Official. Additionally, if Owner is a Public Official and any of Owner’s spouse, child or other dependent has a financial interest in the Project, Owner shall disclose such relationship (but not the financial terms thereof) at an open meeting of the relevant governmental entity Owner serves on as a Public Official, prior to participation in any decision related to Tenant Grantee’s Development Rights.

Appears in 1 contract

Samples: Solar Lease and Easement Agreement

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Public Officials. Owner acknowledges that its receipt of monetary and other good and valuable consideration hereunder may represent a conflict of interest if Owner is a government employee or otherwise serves on a governmental entity with decision-making authority (a “Public Official”) as to any rights Tenant may seek, or as to any obligations that may be imposed upon Tenant in order to develop and/or operate the Project (“Development Rights”), and Owner hereby agrees to (1) recuse him/herself from all such decisions related to Tenant Xxxxxx ’s Development Rights unless such recusal is prohibited by law or is not reasonably practicable considering the obligations of such Public Official’s position and (2) recuse him/herself from all such decisions related to Tenant Xxxxxx ’s Development Rights if such recusal is required by law. If Owner is not required pursuant to (1) or (2) above to recuse him/herself from a decision related to Tenant Xxxxxx ’s Development Rights, Owner shall, in advance of any vote or other official action on the Development Rights, disclose the existence of this Agreement (but not the financial terms therein) at an open meeting of the relevant governmental entity Owner serves on as a Public Official. Additionally, if Owner is a Public Official and any of Owner’s spouse, child or other dependent has a financial interest in the Project, Owner shall disclose such relationship (but not the financial terms thereof) at an open meeting of the relevant governmental entity Owner serves on as a Public Official, prior to participation in any decision related to Tenant Xxxxxx ’s Development Rights.

Appears in 1 contract

Samples: Solar Lease and Easement Agreement

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