Common use of Operation and Development Only Clause in Contracts

Operation and Development Only. It is the intention of the Parties that during the Term of this Lease, and prior to taking title to the Premises by exercising the Purchase Option hereunder, Tenant shall be engaged solely in (i) operating the Powerhouse in accordance with the Konarka ESA and the Short-Teen Energy Services Agreement, (ii) assisting Landlord with the subdivision of the Premises and its recognition as a separate parcel for tax and planning purposes distinct from the Complex, to the extent necessary (iii) designing the Project and obtaining necessary Permits and Approvals for the construction and future operation of the Project, and (iv) arranging construction and permanent financing for the Project. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Improvements") other than non-capital repairs required hereunder during the Term. Any Tenant repairs or replacements of equipment or improvements comprising the Powerhouse or Premises shall become part of the Premises and shall be surrendered with the Premises upon the expiration or termination of this Lease.