Solar Easement. Lessor hereby grants Lessee a solar easement on, over, and above the Easement Area for the free passage of solar radiation to the System. Lessor shall not obstruct, or allow any tenant or assignee of Lessor to obstruct, the passage of direct solar radiation across the Easement Area to the System. Trees, structures, and improvements located on the Easement Area as of the Effective Date shall be allowed to remain, and Lessee may not require their removal; provided that Lessee may require that any trees or other vegetation be pruned or trimmed to the point that they do not obstruct the passage of direct solar radiation across the Easement Area to the System to a degree greater than on the Effective Date. Lessor shall not place or plant any trees, structures, or improvements on the Easement Area after the Effective Date that may, in ▇▇▇▇▇▇’s sole judgment, impede or interfere with the passage of direct solar radiation to the System, unless ▇▇▇▇▇▇ has received prior written approval from Lessee. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ further agree to execute and record such instruments or addenda to this Agreement as may be required under applicable State or local law to evidence the solar easement granted in this Section.
Appears in 1 contract
Sources: Power Purchase Agreement
Solar Easement. Lessor hereby grants Lessee a solar easement on, over, and above the Easement Area for the free passage of solar radiation to the System. Lessor shall not obstruct, or allow any tenant or assignee of Lessor to obstruct, the passage of direct solar radiation across the Easement Area to the System. Trees, structures, and improvements located on the Easement Area as of the Effective Date shall be allowed to remain, and Lessee may not require their removal; provided that Lessee may require that any trees or other vegetation be pruned or trimmed to the point that they do not obstruct the passage of direct solar radiation across the Easement Area to the System to a degree meaningfully greater than on the Effective Date. Lessor shall not place or plant any trees, structures, or improvements on the Easement Area after the Effective Date that may, in ▇▇▇▇▇▇’s sole judgment, impede or interfere with the passage of direct solar radiation to the SystemSystem to a degree meaningfully greater than on the Effective Date, unless ▇▇▇▇▇▇ has received prior written approval from LesseeLessee which approval will not be unreasonably withheld. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ further agree to execute and record such instruments or addenda to this Agreement as may be required under applicable State or local law to evidence the solar easement granted in this Section.
Appears in 1 contract
Sources: System Site Lease Agreement