Common use of Construction Term Clause in Contracts

Construction Term. Lessee shall have the right to extend the lease to provide for construction of the Solar Facility (the “Construction Term”). The Construction Term shall commence on the date specified in a written notice to Lessor that Lessee elects to initiate the Construction Term as of a date so specified in such notice, or the date the Lessee begins construction of the Solar Facility, whichever occurs earlier. The Construction Term shall expire on the earlier of the commencement of the Operations Term or termination of Lease. The Construction Term shall be for an initial period of one (1) year from the commencement of the Construction Term. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ may mutually agree in writing to extend the Construction Term for an additional one (1) year term by written notice to the Lessor. Lessee shall have the unilateral right to terminate this Lease at any time during the Construction Term without penalty, subject to removal obligations in Exhibit B, Section B-6(g), upon written notice to Lessor; provided, however, that in the event of such termination, the Lessor is entitled to retain all payments made by Lessee prior to the date of such termination.