Common use of Tenant as Operator After Term Clause in Contracts

Tenant as Operator After Term. If Landlord elects by written notice to Tenant given no later than ninety (90) days prior to the end of the Term, then following the termination of this Lease, Tenant or its Affiliate will continue to operate the Leased Property, as an operator and not as a tenant, pursuant to the O&M Agreement for a period of up to two (2) years following the end of the Term, as specified in the notice from Landlord (and subject to the termination rights provided in the O&M Agreement). In such event, Tenant or its Affiliate will have the right to use the Leased Property during such period pursuant to an agreement to be negotiated at the time or pursuant to tariffs in effect during such period, and Tenant shall exercise such right by delivering written notice to Landlord within fifteen (15) days after the delivery of Landlord’s election notice to Tenant under this Section 25.2. Landlord will pay Tenant, as operator, not as Tenant, a monthly services fee specified in the O&M Agreement. Upon timely written request from Landlord or Tenant, as applicable, and as provided in this Section 25.2, Landlord and Tenant shall execute and deliver the O&M Agreement and pay or cause to be paid the monthly services fee in connection therewith.

Tenant as Operator After Term. If Landlord elects by written notice to Tenant given no later than ninety (90) days prior to the end of the Term, then following the termination of this Lease, Tenant or its Affiliate will continue to operate the Leased Property, as an operator and not as a tenant, pursuant to the O&M Agreement for a period of up to two (2) years following the end of the Term, as specified in the notice from Landlord (and subject to the termination rights provided in the O&M Agreement). In such event, Tenant or its Affiliate will have the right to use the Leased Property during such period pursuant to an agreement to be negotiated at the time or pursuant to tariffs in effect during such period, and Tenant shall exercise such right by delivering written notice to Landlord within fifteen (15) days after the delivery of Landlord’s election notice to Tenant under this Section 25.225.2 . Landlord will pay Tenant, as operator, not as Tenant, a monthly services fee specified in the O&M Agreement. Upon timely written request from Landlord or Tenant, as applicable, and as provided in this Section 25.225.2 , Landlord and Tenant shall execute and deliver the O&M Agreement and pay or cause to be paid the monthly services fee in connection therewith.