Common use of Emissions Reporting Clause in Contracts

Emissions Reporting. (a) During the Term, except as otherwise expressly provided in the Site Services Agreement, the Lessee will be responsible for all emissions reporting (to Governmental Authorities) required as a result of the Lessee’s Improvements, including the operation thereof, or the Lessee’s activities or operations at the Leased Premises, the Easement Areas, the Construction Laydown Area or anywhere at the Lessor’s Premises, including Toxic Release Inventory reporting required by the Superfund Amendments and Reauthorization Act, 42 USCA Section 9601 et seq., as amended. (b) During the Term, any emissions credits or other rights purchased or otherwise acquired by the Lessee, including such credits and other rights generated from emission reductions related to the Lessee’s activities or operations at the Lessee’s Improvements, the Leased Premises, the Easement Areas, the Construction Laydown Area or any other portion of the Lessor’s Premises (“Emission Rights”) (i) shall be jointly owned by Lessor and Lessee, (ii) during the Term, may be used by the Lessee for its activities anywhere on the Lessee’s Improvements, the Leased Premises, the Easement Areas, the Construction Laydown Area or any other portion of the Lessor’s Premises and (iii) during the Term, may be transferred by the Lessee to any facility owned or operated by Lessee in the same jurisdiction. At the end of the Term, Lessee shall transfer all of its right, title and interest in and to all of its Emissions Rights to the Lessor.