Common use of Removal of the System Clause in Contracts

Removal of the System. 6.8.1 Upon expiration or termination of the Agreement according to its‌‌ terms, and unless the Lessor elects to purchase the System pursuant to ARTICLE 7, Lessee shall at its sole cost and expense remove from the Premises all of the tangible property comprising the System, including but not limited all structures built by the Lessee, any fencing and/or barriers to secure the System and any System mounting and other support structures, on a mutually convenient date not later than sixty (60) days after such expiration or termination and shall return the Lease Area to the same condition as it was in on the Effective Date except for any reasonable use and wear or damage by casualty or eminent domain. 6.8.2 Lessee shall repair any damage it causes in connection with such removal not related to ordinary use and wear. 6.8.3 Not later than sixty (60) days after Lessee’s removal of the System and restoration of the Lease Area is completed, Lessor shall release or return to the Lessee the full amount of the Decommissioning Assurance, including any interest accrued thereon from the Effective Date. 6.8.4 If Lessee fails to remove or commence substantial efforts to remove the System within sixty (60) days of the expiration or of the date that the Agreement terminates, Lessor shall have the right, at its option, to remove the System and restore the Lease Area to its original condition (other than ordinary wear and tear) and Lessee shall reimburse Lessor for reasonable out-of-pocket costs and expenses incurred by Lessor in removing and storing the System and in restoring the Lease Area. 6.8.5 If Lessee fails to reimburse Lessor for such reasonable costs and expenses incurred in removing and storing the System and in restoring the Lease Area within sixty (60) days of its completion of such actions, Lessee shall be deemed to have abandoned the System and Lessor shall have the right to sell the System (and Lessee hereby appoints Lessor as its agent for such purposes in such circumstances) for its scrap value and to retain the proceeds of such sale to the extent of Lessor’s costs and expenses, with any excess proceeds to be delivered to Lessee within sixty (60) days of such a sale. 6.8.6 In addition, if Lessee has so abandoned the System, Lessor shall be permitted to access and retain the full amount of the Decommissioning Assurance, including any interest accrued thereon, as additional compensation for its costs and expenses incurred in connection with its removal, storage and sale of the System and restoration of the Lease Area without any setoff against the amount it may recoup from sale proceeds. 6.8.7 The provisions of this Section survive expiration or termination of this Agreement until the actual removal of the System has been completed hereunder.

Removal of the System. 6.8.1 Upon expiration or termination Within ten (10) days following the 25th anniversary of the Commercial Operation Date, if the Parties have determined that this Agreement according will definitely terminate at the 25th anniversary of the Commercial Operation Date without extension or replacement and that the Town has determined that it wishes that the System be removed from the Premises at the Termination Date of this Agreement, then (i) Entity Name shall provide to its‌‌ termsthe Town the estimated cost of System removal, and unless (ii) the Lessor elects Parties shall meet and discuss the options for removal of the System, and (iii) if the Town requests, Entity Name shall post a bond or provide another financial assurance to purchase the Town, in form and amount reasonably satisfactory to the Town, to demonstrate its ability to satisfy the financial costs of the removal of the System pursuant to ARTICLE 7from the Premises. Upon the Termination Date, Lessee Entity Name shall at its sole cost and expense remove from the Premises all of the tangible property comprising the System, including but not limited all structures built by the LesseeEntity Name, any fencing and/or barriers to secure the System and any System mounting and other support structures, on a mutually convenient date not later than sixty (60) 360 days after such expiration or termination Termination Date and shall return the Lease Area to the same condition as it was in on the Effective Date (including uniform grass coverage for areas impacted) except for any reasonable use and wear or damage by casualty or eminent domain. 6.8.2 . Lessee shall return the Premises “as is” with all vegetation, trails or roadways, utilities and site conditions existing as of the expiration of the Lease Term and shall have no obligation to restore the Premises to their condition prior to the Effective Date. Entity Name shall repair any damage it causes in connection with such removal not related to ordinary use and wear. 6.8.3 Not later than sixty (60) days after Lessee’s removal of the System wear at its sole cost and restoration of the Lease Area is completed, Lessor shall release or return to the Lessee the full amount of the Decommissioning Assurance, including any interest accrued thereon from the Effective Date. 6.8.4 expense. If Lessee Entity Name fails to remove or commence substantial efforts to remove the System within sixty (60) 180 days of the expiration or of the date that the Agreement terminates, Lessor the Town shall have the right, at its option, to remove possession, use of and ownership of the System including the right, without limit, to remove and to sell same, and restore the Lease Area to its original condition (other than ordinary wear and tear) and Lessee Entity Name shall reimburse Lessor the Town for reasonable out-of-of- pocket costs and expenses incurred by Lessor the Town in removing removing, storing and storing selling the System and in restoring the Lease Area. 6.8.5 If Lessee fails to reimburse Lessor for such reasonable costs and expenses incurred in removing and storing the System and in restoring the Lease Area within sixty (60) days of its completion of such actions, Lessee shall be deemed to have abandoned the System and Lessor shall have the right to sell the System (and Lessee hereby appoints Lessor as its agent for such purposes in such circumstances) for its scrap value and to retain the proceeds of such sale to the extent of Lessor’s costs and expenses, with any excess proceeds to be delivered to Lessee within sixty (60) days of such a sale. 6.8.6 In addition, if Lessee has so abandoned the System, Lessor shall be permitted to access and retain the full amount of the Decommissioning Assurance, including any interest accrued thereon, as additional compensation for its costs and expenses incurred in connection with its removal, storage and sale of the System and restoration of the Lease Area without any setoff against the amount it may recoup from sale proceeds. 6.8.7 . The provisions of this Section 6.7 shall survive expiration or termination the Termination Date of this Agreement until the actual removal of the System has been completed hereunderAgreement.

Removal of the System. 6.8.1 Upon expiration or termination Within ten (10) days following the 25th anniversary of the Commercial Operation Date, if the Parties have determined that this Agreement according will definitely terminate at the 25th anniversary of the Commercial Operation Date without extension or replacement and that the Town has determined that it wishes that the System be removed from the Premises at the Termination Date of this Agreement, then (i) Entity Name shall provide to its‌‌ termsthe Town the estimated cost of System removal, and unless (ii) the Lessor elects Parties shall meet and discuss the options for removal of the System, and (iii) if the Town requests, Entity Name shall post a bond or provide another financial assurance to purchase the Town, in form and amount reasonably satisfactory to the Town, to demonstrate its ability to satisfy the financial costs of the removal of the System pursuant to ARTICLE 7from the Premises. Upon the Termination Date, Lessee Entity Name shall at its sole cost and expense remove from the Premises all of the tangible property comprising the System, including but not limited all structures built by the LesseeEntity Name, any fencing and/or barriers to secure the System and any System mounting and other support structures, on a mutually convenient date not later than sixty (60) 360 days after such expiration or termination Termination Date and shall return the Lease Area to the same condition as it was in on the Effective Date (including uniform grass coverage for areas impacted) except for any reasonable use and wear or damage by casualty or eminent domain. 6.8.2 . Lessee shall return the Premises “as is” with all vegetation, trails or roadways, utilities and site conditions existing as of the expiration of the Lease Term and shall have no obligation to restore the Premises to their condition prior to the Effective Date. Entity Name shall repair any damage it causes in connection with such removal not related to ordinary use and wear. 6.8.3 Not later than sixty (60) days after Lessee’s removal of the System wear at its sole cost and restoration of the Lease Area is completed, Lessor shall release or return to the Lessee the full amount of the Decommissioning Assurance, including any interest accrued thereon from the Effective Date. 6.8.4 expense. If Lessee Entity Name fails to remove or commence substantial efforts to remove the System within sixty (60) 180 days of the expiration or of the date that the Agreement terminates, Lessor the Town shall have the right, at its option, to remove possession, use of and ownership of the System including the right, without limit, to remove and to sell same, and restore the Lease Area to its original condition (other than ordinary wear and tear) and Lessee Entity Name shall reimburse Lessor the Town for reasonable out-of-pocket costs and expenses incurred by Lessor the Town in removing removing, storing and storing selling the System and in restoring the Lease Area. 6.8.5 If Lessee fails to reimburse Lessor for such reasonable costs and expenses incurred in removing and storing the System and in restoring the Lease Area within sixty (60) days of its completion of such actions, Lessee shall be deemed to have abandoned the System and Lessor shall have the right to sell the System (and Lessee hereby appoints Lessor as its agent for such purposes in such circumstances) for its scrap value and to retain the proceeds of such sale to the extent of Lessor’s costs and expenses, with any excess proceeds to be delivered to Lessee within sixty (60) days of such a sale. 6.8.6 In addition, if Lessee has so abandoned the System, Lessor shall be permitted to access and retain the full amount of the Decommissioning Assurance, including any interest accrued thereon, as additional compensation for its costs and expenses incurred in connection with its removal, storage and sale of the System and restoration of the Lease Area without any setoff against the amount it may recoup from sale proceeds. 6.8.7 . The provisions of this Section 6.7 shall survive expiration or termination the Termination Date of this Agreement until the actual removal of the System has been completed hereunderAgreement.

Removal of the System. 6.8.1 Upon expiration or Tenant may remove the System from the Leased Area upon the termination of the Agreement PPA but shall otherwise be permitted (subject to Landlord’s purchase rights under the PPA) to maintain the System on the Leased Area for any extension of the term of this Lease and shall be permitted to sell electricity to third parties in the event the PPA is terminated for any reason other than an event of default of the Tenant hereunder or as System Owner under the PPA. Following an expiration or earlier termination of this Lease according to its‌‌ its terms, and unless the Lessor elects to purchase the System pursuant to ARTICLE 7Tenant shall, Lessee shall at its Tenant’s sole cost and expense expense, remove from the Premises all of the tangible property comprising the SystemSystem from the Leased Area, including but not limited all structures built by the Lessee, and repair any fencing and/or barriers to secure the System and any System mounting and other support structures, on a mutually convenient date not later than sixty (60) days after damage resulting from such expiration or termination removal and shall return the Lease Leased Area to the same condition as it was in on the Effective Date except for any reasonable use and wear or damage by casualty or eminent domain. 6.8.2 Lessee shall repair any damage it causes in connection with such removal not related to ordinary use and wear. 6.8.3 Not later than sixty (60) days after Lessee’s removal of the System and restoration of the Lease Area is completed, Lessor shall release or return to the Lessee the full amount of the Decommissioning Assurance, including any interest accrued thereon from the Effective Date. 6.8.4 . If Lessee Tenant fails to remove or commence substantial efforts to remove the System within sixty (60) days of the expiration or date this Lease terminates without continuation pursuant the terms hereof, and Landlord has not purchased the System as permitted under the terms of the date that the Agreement terminatesPPA, Lessor Landlord shall have the right, at its option, to remove the System and restore the Lease Leased Area to its original condition (other than ordinary wear and tear) and Lessee Tenant shall reimburse Lessor Landlord for its reasonable outout of pocket and third-of-pocket party costs and expenses incurred by Lessor Landlord in removing and storing the System System, and in restoring the Lease Leased Area. 6.8.5 If Lessee fails , or Landlord can reimburse itself from any Decommissioning Assurance (as defined in and provided for in the PPA). This Section 7 shall not be interpreted in any way to reimburse Lessor for such reasonable costs and expenses incurred in removing and storing the System and in restoring the Lease Area within sixty (60) days of its completion of such actions, Lessee shall be deemed to have abandoned the System and Lessor shall have the right to sell the System (and Lessee hereby appoints Lessor as its agent for such purposes in such circumstances) for its scrap value and to retain the proceeds of such sale to the extent of Lessorlimit Tenant’s costs and expenses, with any excess proceeds to be delivered to Lessee within sixty (60) days of such a sale. 6.8.6 In addition, if Lessee has so abandoned the System, Lessor shall be permitted to access and retain the full amount of the Decommissioning Assurance, including any interest accrued thereon, as additional compensation for its costs and expenses incurred in connection with its removal, storage and sale of the System and restoration of the Lease Area without any setoff against the amount it may recoup from sale proceeds. 6.8.7 The provisions rights under Section 2 of this Section survive expiration or termination of this Agreement until the actual removal of the System has been completed hereunderLease.