Common use of Surrender and Removal of Property Clause in Contracts

Surrender and Removal of Property. (a) On the Termination Date, Lessee shall peaceably and quietly leave, surrender and yield up unto Lessor the Premises. (b) Notwithstanding the foregoing, Lessee shall be required, at Lessee’s sole expense, within one hundred twenty (120) days after the Termination Date of this Lease to decommission the Solar Energy Facility, remove the Permitted Improvements from the Premises and appurtenant areas, and return the Premises and appurtenant areas to approximately their original condition existing on the Effective Date, with the exception that (i) any foundations for the Solar Energy Facility may be left in place, provided that all bolts and other protrusions from such foundations are cut off at a minimum of three (3) feet below grade, (ii) roadway grading may remain in place provided that the roadway surfacing (if any) is removed and the remaining sub-grade is de-compacted and re-vegetated, (iii) buried conduit may be left in place, (iv) any other components of the Permitted Improvements may be left in place, subject to the prior express written consent of Lessor, which consent shall not be unreasonably conditioned, withheld or delayed, and (v) any other below ground components of the Permitted Improvements shall be left in place at the election of Lessor. (c) Notwithstanding anything to the contrary contained elsewhere in this Lease, any waiver in whole or in part of the foregoing requirement to decommission and remove the Permitted Improvements shall require the written approval of the Lessor. Any property, improvements, or Permitted Improvements left on the Premises after the passage of one hundred twenty (120) days after the Termination Date may, at the option of Lessor, be deemed to have been abandoned, and either may be retained by Lessor as its property, or may be disposed of in such manner as Lessor may see fit and at Lessee’s sole cost; provided, however, that Lessor’s election to retain all or any portion of the Permitted Improvements as its property shall relieve Lessee from any liability for its failure to remove such Permitted Improvements; and provided further, however, that the forgoing shall not apply to any property, improvements or Permitted Improvements of Lessee that are not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Lessor (in which in either case the time period for removal shall be extended on a day for day basis).

Surrender and Removal of Property. (a) a. On the Termination Date, Lessee shall peaceably and quietly leave, surrender and yield up unto Lessor the Premises. (b) b. Notwithstanding the foregoing, Lessee shall be required, at Lessee’s sole expense, within one hundred twenty (120) days after the Termination Date of this Lease to decommission the Solar Energy Facility, remove the Permitted Improvements from the Premises and appurtenant areas, and return the Premises and appurtenant areas to approximately their original condition existing on the Effective Datecondition, with the exception that (i) any foundations for the Solar Energy Facility may be left in place, provided that all bolts and other protrusions from such foundations are cut off at a minimum of three (3) feet below grade, (ii) roadway grading may remain in place provided that the roadway surfacing (if any) is removed and the remaining sub-grade subgrade is de-compacted and re-vegetatedrevegetated, (iii) buried conduit may be left in place, (iv) any other components of the Permitted Improvements may be left in place, subject to the prior express written consent of Lessor, which consent shall not be unreasonably conditioned, withheld or delayed, and (v) any other below ground components of the Permitted Improvements shall be left in place at the election of Lessor. (c) i. Notwithstanding anything to the contrary contained elsewhere in this Lease, any waiver in whole or in part of the foregoing requirement to decommission and remove the Permitted Improvements shall require the written approval of the Lessor. Any property, improvements, or Permitted Improvements left on the Premises after the passage of one hundred twenty (120) days after the Termination Date may, at the option of Lessor, be deemed to have been abandoned, and either may be retained by Lessor as its property, or may be disposed of in such manner as Lessor may see fit and at Lessee’s sole cost; provided, however, that Lessor’s election to retain all or any portion of the Permitted Improvements as its property shall relieve Lessee from any liability for its failure to remove such Permitted Improvements; and provided further, however, that the forgoing shall not apply to any property, improvements or Permitted Improvements of Lessee that are not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Lessor (in which in either case the time period for removal shall be extended on a day for day basis). ii. Notwithstanding the foregoing, Lessee shall not be required to perform any of the obligations under this subsection (b) in the event that Lessor, as Buyer, under the Net Metering Sales Agreement, exercises its right to acquire the Assets of Lessee.

Surrender and Removal of Property. (a) On the Termination Date, Lessee shall peaceably and quietly leave, surrender and yield up unto Lessor the Premises. (b) Notwithstanding the foregoing, provided that Lessor as Buyer under the Power Purchase Agreement has not exercised it Purchase Option as set forth in the Power Purchase Agreement, Lessee shall be required, at Lessee’s sole expense, within one hundred twenty (120) days after the Termination Date of this Lease to decommission the Solar Energy Facility, remove the Permitted Improvements from the Premises and appurtenant areas, and return the Premises and appurtenant areas to approximately their original condition existing on the Effective Date, with the exception that (i) any foundations for the Solar Energy Facility may be left in place, provided that all bolts and other protrusions from such foundations are cut off at a minimum of three (3) feet below grade, place if in accordance with the Post-Closure Solar Use Permit (ii) roadway grading may remain in place provided that that, if requested by Lessor, the roadway surfacing (if any) is removed and the remaining sub-grade is de-compacted and re-vegetated, (iii) buried conduit may be left in place, (iv) any other components of the Permitted Improvements may be left in place, subject to the prior express written consent of Lessor, which consent shall not be unreasonably conditioned, withheld or delayed, and (v) any other below ground components of the Permitted Improvements shall be left in place at the election of Lessor. (c) Notwithstanding anything to the contrary contained elsewhere in this Lease, any waiver in whole or in part of the foregoing requirement to decommission and remove the Permitted Improvements shall require the written approval of the Lessor. Any property, improvements, or Permitted Improvements left on the Premises after the passage of one hundred twenty (120) days after the Termination Date may, at the option of Lessor, be deemed to have been abandoned, and either may be retained by Lessor as its property, or may be disposed of in such manner as Lessor may see fit and at Lessee’s sole cost; provided, however, that Lessor’s election to retain all or any portion of the Permitted Improvements as its property shall relieve Lessee from any liability for its failure to remove such Permitted Improvements; and provided further, however, that the forgoing shall not apply to any property, improvements or Permitted Improvements of Lessee that are not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Lessor (in which in either case the time period for removal shall be extended on a day for day basis).

Surrender and Removal of Property. (a) On the Termination Date, Lessee shall peaceably and quietly leave, surrender and yield up unto Lessor the Premises. (b) Notwithstanding the foregoing, Lessee shall be required, at Lessee’s sole expense, within one hundred twenty (120) days after the Termination Date of this Lease to decommission the Solar Energy Facility, remove the Permitted Improvements from the Premises and appurtenant areas, and return the Premises and appurtenant areas to approximately their original condition existing on the Effective Date, with the exception that (i) any foundations for the Solar Energy Facility may be left in place, provided that all bolts and other protrusions from such foundations are cut off at a minimum of three (3) feet below grade, (ii) roadway grading may remain in place provided that the roadway surfacing (if any) is removed and the remaining sub-grade is de-compacted and re-vegetated, (iii) buried conduit may be left in place, (iv) any other components of the Permitted Improvements may be left in place, subject to the prior express written consent of Lessor, which consent shall not be unreasonably conditioned, withheld or delayed, and (v) any other below ground components of the Permitted Improvements shall be left in place at the election of Lessor. (c) Notwithstanding anything to the contrary contained elsewhere in this Lease, any waiver in whole or in part of the foregoing requirement to decommission and remove the Permitted Improvements shall require the written approval of the Lessor. Any property, improvements, or Permitted Improvements left on the Premises after the passage of one hundred twenty (120) days after the Termination Date may, at the option of Lessor, be deemed to have been abandoned, and either may be retained by Lessor as its property, or may be disposed of in such manner as Lessor may see fit and at Lessee’s sole cost; provided, however, that Lessor’s election to retain all or any portion of the Permitted Improvements as its property shall relieve Lessee from any liability for its failure to remove such Permitted Improvements; and provided further, however, that the forgoing shall not apply to any property, improvements or Permitted Improvements of Lessee that are not timely removed if the failure to remove is caused by an event of Force Majeure or the negligent acts or omissions of Lessor (in which in either case the time period for removal shall be extended on a day for day basis).