Common use of Site Control Clause in Contracts

Site Control. As of the Effective Date, Seller either (i) has acquired all real property rights to construct and operate the Facility, to interconnect the Facility to the Interconnecting Utility, to construct the Network Upgrades (to the extent it is Seller’s responsibility to do so) and to perform Seller’s obligations under this Agreement or (ii) has an irrevocable option to acquire such real property rights and the only condition upon Seller’s exercise of such option to acquire such real property rights is the payment of monies to acquire such real property rights.

Site Control. As of the Effective Date, Seller either (i) has acquired all real property rights to construct and operate the Facility, to interconnect the Facility to the Interconnecting Utility, to construct the Network Upgrades (to the extent it is Seller’s responsibility to do so) and to perform Seller’s obligations under this Agreement or (ii) has an irrevocable option to acquire such real property rights and the only condition upon Seller’s exercise of such option to acquire such real property rights is the payment of monies to acquire an amount that represents the fair market value of such real property rights.

Site Control. As of the Effective Date, Seller has either (i) has acquired all real property rights to construct and operate the Facility, to interconnect the Facility to the Interconnecting Utility, to construct the Network Upgrades (to the extent it is Seller’s responsibility to do so) and to perform Seller’s obligations under this Agreement or (ii) has an irrevocable option unconditional right to acquire such real property rights and the only condition upon Seller’s exercise of such option to acquire such real property rights is the payment of monies to acquire such real property rights.