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Premises and Improvements in nature and location. Purchaser shall not conduct or permit activities on, in or about
<br />the Premises or the Improvements that have a reasonable likelihood of causing damage, impairment or otherwise
<br />adversely affecting the System. Purchaser shall reimburse Seller for any loss or damage to the System to the extent
<br />caused by or arising out of (i) Purchaser's breach of its obligations under this Section or (ii) the acts or omissions of
<br />Purchaser or its employees, agents, invitees or separate contractors.
<br />d. Insolation. Purchaser acknowledges that unobstructed access to sunlight ("Insolation") is essential to Seller's
<br />performance of its obligations and a material term of this Agreement. Purchaser shall not, to the extent within its
<br />reasonable control, cause or permit any interference with the System's Insolation, and shall ensure that vegetation on
<br />the Premises adjacent to the System is regularly pruned or otherwise maintained to prevent interference with the
<br />System's Insolation. If Purchaser discovers any activity or condition that could diminish the Insolation of the System,
<br />Purchaser shall immediately notify Seller and cooperate with Seller in preserving and restoring the System's Insolation
<br />levels as they existed on the Effective Date.
<br />e. Use and Payment of Contractors and Subcontractors. Seller shall use suitably qualified, experienced and licensed
<br />contractors and subcontractors to perform its obligations under this Agreement. However, Seller shall be responsible
<br />for the quality of the work performed by its contractors and subcontractors. Seller shall pay when due all valid charges
<br />from all contractors, subcontractors and suppliers supplying goods or services to Seller under this Agreement.
<br />Liens.
<br />Lien Obligations. Purchaser shall not directly or indirectly cause, create, incur, assume or allow to exist any
<br />mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature, except such
<br />encumbrances as may be required to allow Seller access to the Premises, (each a "Lien") on or with respect to
<br />the System. Seller shall not directly or indirectly cause, create, incur, assume or allow to exist any Lien on or
<br />with respect to the Premises or the Improvements, other than those Liens which Seller is permitted by law to
<br />place on the Premises due to non-payment by Purchaser of amounts due under this Agreement. Each Party shall
<br />immediately notify the other Party in writing of the existence of any such Lien following discovery of same, and
<br />shall promptly (and in all events within thirty (30) days) cause the same to be discharged and released of record
<br />without cost to the other Party; provided, however, that each First Party has the right to contest any such Lien,
<br />so long as it provides a statutory bond or other reasonable assurances of payment that either removes such Lien
<br />from title to the affected property, or that assures that any adverse judgment with respect to such Lien shall be
<br />paid without affecting title to such property.
<br />ii. Lien Indemnity. Each Party shall reimburse the other Party from and against all claims, losses, damages,
<br />liabilities and expenses resulting from any Liens filed against such other Party's property as a result of the First
<br />Party's breach of its obligations under Section 7(f)(i).
<br />g. High Speed Internet. Purchaser is required, for the Term of this Agreement, to provide Seller with high speed, wired
<br />connection to the Internet at a reasonable location on the Premises as determined by Seller in its sole discretion. This
<br />is to allow the Seller to monitor the System remotely.
<br />8. Relocation of System.
<br />If, during the Term, Purchaser ceases to conduct business operations at the Premises or vacates the Premises; the Premises have
<br />been destroyed; or the Purchaser is otherwise unable to continue to host the System or accept the electricity delivered by the
<br />System for any other reason (other than a Default Event by Seller), Purchaser may propose in writing the relocation of the
<br />System, at Purchaser's cost, in lieu of termination of the Agreement by Seller for a Default Event by Purchaser. If such proposal
<br />is practically feasible and preserves the economic value of the agreement for Seller, the Parties shall seek to negotiate in good
<br />faith an agreement for the relocation of the System. If the Parties are unable to reach agreement on relocation of the System
<br />within sixty (60) days after the date of receipt of Purchaser's proposal, Seller may terminate this Agreement pursuant to Section
<br />1 I(b)(ii).
<br />9. Removal of System upon Termination or Expiration.
<br />Upon the expiration or earlier termination of this Agreement (provided Purchaser does not exercise its purchase option under
<br />Section 14(b)), Seller shall, at its expense (unless expressly provided otherwise in this Agreement), remove all of the tangible
<br />property comprising the System from the Premises with a targeted completion date that is no later than ninety (90) days after
<br />the expiration of the Term. The portion of the Premises where the System is located shall be returned to substantially its original
<br />(7794548:) SEIA C&I PPA, version 2.0
<br />Exh. 3, p. 5
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