Common use of Construction Laydown Area Clause in Contracts

Construction Laydown Area. From time to time, the Lessor in its sole discretion, may grant to the Lessee and the Lessee may agree to take from the Lessor, a non-exclusive license on certain to be defined areas outside of the Lessee’s other leased areas (“Construction Laydown Areas”). The use of these areas, subject to the reservations, terms and conditions stated in this Lease and to the Permitted Encumbrances, is for the purposes of staging fabrication, lay-down, and storage of materials and equipment relating to the construction of the Lessee’s Glycol Recovery Facility (“Construction Laydown License”). The Construction Laydown License will be granted in writing, and the agreement shall define an Effective Date and a specific termination date. On or before termination of the Construction Laydown License, the Lessee, at its sole expense, shall remove all Improvements, equipment and debris from the Construction Laydown Area placed on or by or resulting from the activities of the Lessee, its agents, representatives or contractors, and return the Construction Laydown Area to the Lessor in good order and in a clean condition. Notwithstanding anything herein to the contrary, it is understood and agreed that Lessor shall have the right from time to time to relocate, to other portions of the Site as designated by the Lessor and reasonably acceptable to the Lessee, all or any portion of the Construction Laydown Area. Such relocation shall be at the Lessor’s sole cost and expense (except to the extent the Lessee or its Affiliates is responsible for any such cost under the terms of the Site Services Agreement or any other agreement between Lessor or its Affiliates and Lessee or its Affiliates) and shall be performed in such a manner so as to not materially interfere with Lessee’s construction. With respect to any relocation, the Lessor shall provide the Lessee with written notice of such proposed relocation and the Lessor and the Lessee agree to meet with the other, at either’s request, to discuss the proposed relocation and any matters that may be appropriate to determine whether the proposed relocation can or should be modified to limit any material adverse effects on the Lessee’s construction of the Leased Premises that are likely to occur in connection with such proposed relocation. Any such relocation shall be preceded with not less than ninety (90) days prior written notice of the Lessor’s intent to so relocate such area and, upon receipt of such written notice, the Lessee and the Lessor agree to mutually cooperate in good faith in all relevant aspects to cause such relocation to be accomplished in an orderly and efficient manner and to provide a relocated area that are compatible with all of the Lessee’s then-required construction operations. Upon the completion of any such relocation, this Lease shall be amended if and as necessary to properly reflect such relocation and amend the description and license of the Construction Laydown Area applicable or necessary for the use of the relocated area(s). Any facilities that are replaced by Lessor in connection with such relocation shall be abandoned by the Lessee and the Lessee shall execute such instruments as may be reasonably required by the Lessor to effectuate the transfer of such facilities to the Lessor. Notwithstanding anything to the contrary contained in this Lease, any and all obligations of the Lessee applicable to the Construction Laydown Area contained in this Lease shall apply only to the extent the Construction Laydown License remains in effect, except as expressly stated otherwise in this Lease or except to the extent such obligations relate to periods in which the Construction Laydown License was in effect.