Common use of Agreement to Construct and Install the Project Clause in Contracts

Agreement to Construct and Install the Project. The Issuer has acquired the title in and to the Leased Land. As provided in Article IV of the Original Lease, the Issuer has requested the Lessees to cause the acquisition, construction and installation of the Buildings to be made in accordance with the Project Summary, as may be amended from time to time by the Lessees, and has requested the Lessees to cause to be acquired and installed in the Building or on the Leased Land, the Leased Equipment, to consist of machinery, equipment and related property described in the list attached to the Original Lease as Exhibit "B" and such other items of machinery, equipment and related property as in such Lessees' judgment may be necessary or desirable for the operation of the Project. The Issuer acknowledges and agrees that not later than the execution and delivery of this Second Supplemental Lease, it will request the Lessees to acquire to the machinery, equipment and other improvements listed on Exhibit "A" attached hereto. The parties hereto hereby acknowledge and agree that such items constitute part of the Project, legal title to which is held by the Issuer, and that such items are part of the Project subject to the Lease. The Issuer hereby ratifies and confirms all actions of, and assumes and adopts all contracts entered into by, Southern Power Company and the Lessees, as agents of the Issuer under Section 4.1 of the Original Lease, with respect to the Project prior to the date hereof. The Issuer makes no warranty or representation, either express or implied, as to the suitability or fitness for a particular purpose of the Project or any portion thereof, including but not limited to, the property described on Exhibit "A" attached hereto.

Agreement to Construct and Install the Project. The Issuer has acquired the title in and to the Leased Land. As provided in Article IV of the Original Lease, the Issuer has requested the Lessees to agreed that it will cause the acquisition, construction and installation of the Buildings to be made in accordance with the Project Summary, as may be amended from time to time by the LesseesLessee, and has requested the Lessees to will cause to be acquired and installed in the Building or on the Leased Land, the Leased Equipment, to consist of machinery, equipment and related property described in the list attached to the Original Lease as Exhibit "B" and such other items of machinery, equipment and related property as in such Lessees' the Lessee's judgment may be necessary or desirable for the operation of the Project. The Issuer acknowledges and agrees that not later than the execution and delivery of this Second Supplemental Lease, it will request the Lessees to acquire have acquired title to the machinery, equipment and other improvements listed on Exhibit "A" attached hereto. The parties hereto hereby acknowledge and agree that such items constitute part of the Project, legal title to which is held by the Issuer, and that such items are part of the Project subject to the Lease. The Issuer hereby ratifies and confirms all actions of, and assumes and adopts all contracts entered into by, Southern Power Company and the LesseesLessee, as agents agent of the Issuer under Section 4.1 of the Original Lease, with respect to the Project prior to the date hereof. The Issuer makes no warranty or representation, either express or implied, as to the suitability or fitness for a particular purpose of the Project or any portion thereof, including but not limited to, the property described on Exhibit "A" attached hereto.