Solar Easement. Landlord grants to Tenant during the Term on, over, through and across the Site (i) an irrevocable, exclusive easement to convert all of the solar resources above the Site to electricity, and (ii) an exclusive easement to the free and unobstructed insolation of solar energy over the entirety of the horizontal space and the entirety of the vertical air space lying above the surface of the Site and any adjoining real property owned by Landlord that is within 200 feet of any solar panels installed on the Site.
Solar Easement. Lessor hereby grants Lessee a solar easement on, over, and above the Easement Area for the free passage of solar radiation to the System. Lessor shall not obstruct, or allow any tenant or assignee of Lessor to obstruct, the passage of direct solar radiation across the Easement Area to the System. Trees, structures, and improvements located on the Easement Area as of the Effective Date shall be allowed to remain, and Lessee may not require their removal; provided that Lessee may require that any trees or other vegetation be pruned or trimmed to the point that they do not obstruct the passage of direct solar radiation across the Easement Area to the System to a degree meaningfully greater than on the Effective Date. Lessor shall not place or plant any trees, structures, or improvements on the Easement Area after the Effective Date that may, in Xxxxxx’s sole judgment, impede or interfere with the passage of direct solar radiation to the System to a degree meaningfully greater than on the Effective Date, unless Xxxxxx has received prior written approval from Lessee which approval will not be unreasonably withheld. Xxxxxx and Xxxxxx further agree to execute and record such instruments or addenda to this Agreement as may be required under applicable State or local law to evidence the solar easement granted in this Section.
Solar Easement. Landlord hereby grants to Tenant an exclusive easement on, over and across the Property for the following purposes (such easement, the “Solar Easement”): granting open and unobstructed access to the sun and prohibiting any obstruction to the open and unobstructed access to the sun throughout the entire Premises to and for the benefit of the area existing horizontally three hundred and sixty degrees (360°) from any point where the System is or may be located at any time from time to time (such point referred to as a “Site”) and for a distance from the Site to the boundaries of the Premises, together vertically through all space located above the surface of the Premises, that is, one hundred eighty degrees (180°) or such greater number or numbers of degrees as may be necessary to extend from each point on and along a line drawn along the surface from each point along the exterior boundary of the Premises through each Site to each point and on and along such line to the opposite exterior boundary of the Premises. Tenant acknowledges and agrees that the vegetation and improvements on the Property and the activities conducted on the Property, in each case as such vegetation and improvements exists, and such activities are conducted, as of the Effective Date, shall not be deemed to interfere with the Solar Easement or Insolation (as defined below) reaching the System.
Solar Easement. Landlord hereby grants and conveys to Tenant an exclusive easement on, over and across the Property for the following purposes (such easement, the "Solar Easement"): granting open and unobstructed access to the sun and prohibiting any obstruction to the open and unobstructed access to the sun throughout the entire Premises to and for the benefit of the area existing horizontally three hundred and sixty degrees (360°) from any point where the System is or may be located at any time from time to time (such point referred to as a "Site") and for a distance from the Site to the boundaries ofthe Premises, together vertically through all space located above the surface ofthe Premises, that is, one hundred eighty degrees (180°) or such greater number or numbers ofdegrees as may be necessary to extend from each point on and along a line drawn along the surface from each point along the exterior boundary of the Premises through each Site to each point and on and along such line to the opposite exterior boundary of the Premises.
Solar Easement. In addition to the lease granted Tenant under Section 2.1, Landlord hereby grants to Tenant during the Term an exclusive easement (the “Solar Easement”) on, over and across Landlord’s Land and any other adjacent areas owned by Landlord for access to the Solar Energy at the Collection Point. In furtherance of the foregoing, Landlord shall not construct or permit to exist within the areas adjacent to the Leased Premises which are owned by Landlord (including the Land) any structure or improvement that blocks, shades or obstructs the direct line of sight from any Collection Point to the sun on any day of the year at any time of day from sunup to sundown. Structures and improvements located on the Land or other areas adjacent to the Leased Premises as of the Effective Date of this Lease shall be allowed to remain and Tenant may not require their removal. The Landlord shall not be obligated by reason of the grant of the Solar Easement or otherwise pursuant to this Section 2.2 to remove, trim or maintain any naturally occurring vegetation on the Leased Premises, the Land or any adjacent areas, but Tenant shall have the right at its sole cost to trim any vegetation on the Land or any adjacent areas owned by Landlord that is obstructing access to sunlight at the Collection Point, and the right to access the Land for such purpose.
Solar Easement. The rights granted to Tenant in this Lease include, without limitation, the following easements and related rights:
a. the exclusive right to erect, construct, reconstruct, replace, relocate, remove, operate, maintain and use the following from time to time, on, under, over and across the Leased Premises, in connection with Solar Facility: (a) a line or utility poles, with such wires and cables as from time to time are suspended therefrom, and/or underground wires and cables, for the transmission of electrical energy and/or for communication purposes, and all necessary and proper foundations, footings, crossarms and other appliances and fixtures for use in connection with said utility poles, wires and cables (collectively, “Transmission Facilities”); (b) facilities consisting of one or more substations for electrical collection, to step up the voltage, interconnect to transmission line or lines, and meter electricity, together with the right to perform all other ancillary activities normally associated with such a facility as may be necessary or appropriate to service Solar Facility, regardless where located (collectively “Interconnection Facilities”, which collectively with the Transmission Facilities and improvements installed in connection with the Solar Facility, collectively constitute the “Solar Improvements”); and (c) with all necessary easements therefor:
b. An easement and right over and across the Landlord Property for any audio, visual, view, light, shadow, noise, vibration, electromagnetic or other effect of any kind or nature whatsoever resulting, directly or indirectly, from the Solar Facility and/or any and all related facilities, wherever located;
c. An exclusive easement and right to capture, use and convert sunlight and related solar resources on an unobstructed basis over and across the Landlord Property; any obstruction to the receipt of and access to sunlight throughout the entire area of the Leased Premises is prohibited; in addition Landlord shall not build (or permit to be built) any structure or plant (or permit to be planted) anything on the Landlord Property that will be over twenty feet high without first confirming with Tenant that such structure or planting will not obstruct Tenant’s access to sunlight (any study or documentation for such confirmation to be at Tenant’s discretion and expense);
d. An easement and right on the Landlord Property to prevent measurable diminishment in output due to obstruction of the sunlight acros...
Solar Easement