Development Term. This Agreement shall be for an initial term (the “Development Term”) commencing on the Effective Date and continuing until the earlier to occur of (a) the second (2nd) anniversary of the Effective Date or (b) the commencement of construction, however, the Development Term shall not expire due to the Limited Construction Activities. Limited Construction Activities shall mean, testing, studying, and other related activities to confirm the suitability of the site. The terms “commencing construction” and “commencement of construction” as used in this Agreement shall mean that date on which 3rd Party Beneficiary provides the notice of construction to Tenant. Tenant shall provide a copy of the notice of construction within fourteen (14) days of receipt to Owner.
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Sources: Solar Lease and Easement Agreement, Solar Lease and Easement Agreement