Common use of Lease of Premises for Solar Energy Purposes Clause in Contracts

Lease of Premises for Solar Energy Purposes. Owner leases to Project Company, and Project Company leases from Owner, the real property legally described in Exhibit A attached hereto (the “Premises”) for the sole purpose of monitoring, testing and evaluating the Premises for solar energy generation and of constructing, installing, using, replacing, relocating and removing from time to time, and maintaining and operating, solar energy generating equipment, overhead and/or underground electrical transmission and communications lines, electric transformers, energy storage facilities, telecommunications equipment, power generation facilities and substations to be operated in conjunction with solar energy generating equipment installations, roads, and related improvements, facilities and equipment (collectively, “Solar Facilities”), including, without limitation, a line or lines of towers with wires and cables, and/or underground wires and cables, for the transmission of electrical energy and/or for communication purposes, and all necessary and proper foundations, footings, crossarms and other appliances and fixtures for use in connection with said towers, wires and cables on, along and in the Premises, together with the appropriate rights of way. Project Company will have the right to relocate existing Solar Facilities during the Term. Project Company will have the exclusive right to use the Premises for solar energy purposes. For purposes of this Lease, “solar energy purposes” means converting solar energy into electrical energy, and collecting and transmitting the electrical energy so converted, together with any and all activities related thereto. The general description of the Premises described in Exhibit A attached to this Lease on the Effective Date may not be a precise legal description of the Premises. The Owner and Project Company hereby acknowledge and confirm that, notwithstanding any insufficiency in the legal description attached as Exhibit A, the parties desire to enter this Lease and to be fully and legally bound by this Lease. Therefore, Owner and Project Company agree that (i) they are thoroughly familiar with the proposed location of the area comprising the Premises, and (ii) upon Project Company obtaining a Survey (as defined below), the metes and bounds description of the Premises will be substituted for Exhibit A pursuant to an amendment to this Lease and such metes and bounds description will become the final legal description of the Premises. The parties acknowledge and agree that they are legally bound under this Lease pursuant to the depiction of the Premises attached as Exhibit A and both parties will be obligated to perform hereunder based on such depiction of the Premises. Prior to the construction of any Solar Facilities on the Premises, Project Company, at its expense, will obtain and deliver to Owner a survey of the Property prepared by a Texas registered professional land surveyor (the “Survey”).

Lease of Premises for Solar Energy Purposes. Owner Landlord leases to Project Company, and Project Company leases from OwnerLandlord, the a 97-acre portion of that certain real property legally described commonly known as Napa County Assessor’s Parcel Number 000-000-000 (the “Property”) encompassing all of Oxidation Pond 4 and a portion of Oxidation Pond 3 (“Ponds”) as depicted in Exhibit A A, attached hereto and incorporated herein (the “Premises”) for the sole purpose of monitoring, testing and evaluating the Premises for solar energy generation generation, and of constructing, installing, using, replacing, relocating and removing from time to time, and maintaining and operating, floating solar energy generating equipment, overhead and/or underground and all necessary and proper electrical transmission equipment on, along and communications lines, electric transformers, energy storage facilities, telecommunications equipment, power generation facilities and substations to be operated in conjunction with solar energy generating equipment installations, roads, and related improvements, facilities and equipment the Premises (collectively, “Solar Facilities”), including, without limitation, a line or . Solar Facilities includes electrical transmission and/or distribution and communications lines of towers with wires and related cables, and/or underground wires and wires, cables, for the transmission of electrical energy and/or for communication purposesconduit, circuit breakers and transformers, and any and all necessary and proper foundationsfacilities, footingsfixtures, crossarms and other appliances additional equipment to be operated in conjunction with floating solar energy generating equipment installations and fixtures equipment in any way related to or associated with any of the foregoing for use in connection with said towers, wires the transmission and cables on, along and in the Premises, together with the appropriate rights delivery of way. Project Company will have the right to relocate existing Solar Facilities during the Termelectrical energy (“Transmission Facilities”). Project Company will have the exclusive right right, subject to the Landlord’s retained rights as specified in subsection 1.1.d, to use the Premises for solar energy purposespurposes during the Term (as defined herein) of this Lease. For purposes of this Lease, “solar energy purposes” means converting solar energy into electrical energyenergy via floating solar panels, and collecting and transmitting the electrical energy so converted, together with any and all activities related thereto. The general description of the Premises described depicted in Exhibit A attached to as incorporated into this Lease on the Effective Execution Date may not be a precise legal description of the Premises. The Owner Landlord and Project Company hereby acknowledge and confirm that, notwithstanding any insufficiency in the legal description attached as Exhibit A, the parties Parties desire to enter this Lease and to be fully and legally bound by this Lease. Moreover, the Parties acknowledge and understand that the Premises refers to Plant Oxidation Pond No. 4 and the northern portion of Plant Oxidation Pond No. 3, including the Pond levees, as the Pond and levees are configured as of the Execution Date of this Lease, as generally depicted on the map attached as Exhibit A. Therefore, Owner Landlord and Project Company agree that (i) they are thoroughly familiar with the proposed location of the area comprising the Premises, and (ii) upon the Project Company, with the prior written consent of Landlord not to be unreasonably withheld, may alter the boundary of the Premises as necessary so long as the acreage of the Premises does not exceed 97 acres, the Premises does not include Plant Oxidation Pond #1 or #2, and the Premises does not extend beyond the parcel known as Assessor Parcel Number 057-010-010-000; and (iii) once Project Company obtaining completes its design work for the Project and determines the exact area that will be required for the Project, Project Company shall conduct a Survey (as defined below), survey of the metes Premises at its sole cost and bounds expense. The legal description of the Premises will resulting from the survey shall be substituted for Exhibit A pursuant to an amendment to this Lease Lease, which amendment may be approved by mutual consent of the Project Company and Landlord, and such metes and bounds legal description will become the final legal description of the Premises. The parties Parties acknowledge and agree that that, until such substitution occurs, they are legally bound under this Lease pursuant to the depiction legal description of the Premises attached as Exhibit A and both parties Parties will be obligated to perform hereunder based on such depiction of the Premises. Prior to the construction of any Solar Facilities on the Premises, Project Company, at its expense, will obtain and deliver to Owner a survey of the Property prepared by a Texas registered professional land surveyor (the “Survey”).

Lease of Premises for Solar Energy Purposes. Owner leases to Project Company, and Project Company leases from Owner, the real property legally described in Exhibit A attached hereto (the “Premises”) for the sole purpose of monitoring, testing and evaluating the Premises for solar energy generation and of constructing, installing, using, replacing, relocating and removing from time to time, and maintaining and operating, solar energy generating equipment, overhead and/or underground electrical transmission and communications lines, electric transformers, energy storage facilities, telecommunications equipment, power generation facilities and substations to be operated in conjunction with solar energy generating equipment installations, roads, and related improvements, facilities and equipment (collectively, “Solar Facilities”), including, without limitation, a line or lines of towers with wires and cables, and/or underground wires and cables, for the transmission of electrical energy and/or for communication purposes, and all necessary and proper foundations, footings, crossarms and other appliances and fixtures for use in connection with said towers, wires and cables on, along and in the Premises, together with the appropriate rights of way. Project Company will have the right to relocate existing Solar Facilities during the Term. Project Company will have the exclusive right to use the Premises for solar energy purposes. For purposes of this Lease, “solar energy purposes” means converting solar energy into electrical energy, and collecting and transmitting the electrical energy so converted, together with any and all activities related thereto. The general description of the Premises described in Exhibit A attached to this Lease on the Effective Date may not be a precise legal description of the Premises. The Owner and Project Company hereby acknowledge and confirm that, notwithstanding any insufficiency in the legal description attached as Exhibit A, the parties desire to enter this Lease and to be fully and legally bound by this Lease. Therefore, Owner and Project Company agree that (i) they are thoroughly familiar with the proposed location of the area comprising the Premises, and (ii) upon Project Company obtaining a Survey (as defined below), the metes and bounds description of the Premises will be substituted for Exhibit A pursuant to an amendment to this Lease and such metes and bounds description will become the final legal description of the Premises. The parties acknowledge and agree that they are legally bound under this Lease pursuant to the depiction of the Premises attached as Exhibit A and both parties will be obligated to perform hereunder based on such depiction of the Premises. Prior to the construction of any Solar Facilities on the Premises, Project Company, at its expense, will obtain and deliver to Owner a survey of the Property prepared by a Texas [Minnesota] registered professional land surveyor (the “Survey”).

Lease of Premises for Solar Energy Purposes. Owner leases to Project Company, and Project Company leases from Owner, the real property legally described in Exhibit A attached hereto (the “Premises”) for the sole purpose of monitoring, testing and evaluating the Premises for solar energy generation and of constructing, installing, using, replacing, relocating and removing from time to time, and maintaining and operating, solar energy generating equipment, overhead and/or underground electrical transmission and communications lines, electric transformers, energy storage facilities, telecommunications equipment, power generation facilities and substations to be operated in conjunction with solar energy generating equipment installations, roads, and related improvements, facilities and equipment (collectively, “Solar Facilities”), including, without limitation, a line or lines of towers with wires and cables, and/or underground wires and cables, for the transmission of electrical energy and/or for communication purposes, and all necessary and proper foundations, footings, crossarms and other appliances and fixtures for use in connection with said towers, wires and cables on, along and in the Premises, together with the appropriate rights of way. Project Company will have the right to relocate existing Solar Facilities during the Term. Project Company will have the exclusive right to use the Premises for solar energy purposes. For purposes of this Lease, “solar energy purposes” means converting solar energy into electrical energy, and collecting and transmitting the electrical energy so converted, together with any and all activities related thereto. The general description of the Premises described in Exhibit A attached to this Lease on the Effective Date may not be a precise legal description of the Premises. The Owner and Project Company hereby acknowledge and confirm that, notwithstanding any insufficiency in the legal description attached as Exhibit A, the parties desire to enter this Lease and to be fully and legally bound by this Lease. Therefore, Owner and Project Company agree that (i) they are thoroughly familiar with the proposed location of the area comprising the Premises, and (ii) upon Project Company obtaining a Survey (as defined below), the metes and bounds description of the Premises will be substituted for Exhibit A pursuant to an amendment to this Lease and such metes and bounds description will become the final legal description of the Premises. The parties acknowledge and agree that they are legally bound under this Lease pursuant to the depiction of the Premises attached as Exhibit A and both parties will be obligated to perform hereunder based on such depiction of the Premises. The parties acknowledge and agree that the Premises described in Exhibit A will include the land for the Access Easement, Transmission Easement and Solar Easement. Prior to the construction of any Solar Facilities on the Premises, Project Company, at its expense, will obtain and deliver to Owner a survey of the Property prepared by a Texas registered professional land surveyor (the “Survey”).