Common use of Additional Uses Clause in Contracts

Additional Uses. The Parties acknowledge and agree to the following (i) Solar Energy technologies are improving at rapid rate and that it is probable that Tenant may (although Tenant shall not be required to) replace from time-to-time existing Solar Energy Facilities Transmission Facilities on the Premises, entirely or in part, with newer model or design Solar Energy Facilities or Transmission Facilities in Tenants sole discretion. (ii) The Lease includes a grant of the right of ingress to and egress from the Solar Energy Facilities over under, and along the Premises by means of any existing roads and lanes thereon, and by such other route or routes as Tenant may construct on the Premises from time to time, for the benefit of and for purposes incidental to Operations on the Premises and to the Improvements. (iii) Except as specifically provided in this Section 3(b)(iii), the Lease excludes the grant to Tenant of any surface or subsurface water rights pertaining to the Premises. Landlord shall retain all water rights, and the right to the use of any w▇▇▇▇, if any, located on or in connection with the Premises (“Water Rights”). Notwithstanding Landlord’s reservation of Water Rights, Tenant shall have the right to use any such Water Rights practically and legally available at or upon the Premises for purposes of construction of the Project at the outset (in a quantity not to exceed l acre-feet), and for operation of the Operations going forward as may be required by Tenant and/or for the Project, provided that, such use shall be limited to construction, cleaning operation and maintenance purposes for the Project and/or the Operations and be limited to 1 acre-foot per year. The Parties will act in good faith to quantify and accommodate Tenant’s water requirements from Landlord’s water supply in accordance herewith; and Tenant shall pay to Landlord the greater of the fair market value for any water used by Tenant based upon similar sales of similar water in the immediate vicinity of the Property or any published indices or other public information with respect to same or Landlord’s actual cost thereof, all based on an “out the meter” price. Landlord shall be responsible for the payment of the annual water availability fee to the local water or irrigation district or any other governmental authority for the maintenance and any costs associated with the water delivery systems on the Premises, and for compliance with all applicable laws rules and regulations applicable or pertaining to the Water Rights. Notwithstanding anything in this section to the contrary, Landlord assumes no responsibility for and does not warrant the availability quality, quantity, or cost of water supplied to the Premises. Landlord shall not be liable for any injury or damage sustained by Tenant, or by others acting under it on account of the unavailability of water to the Premises, the seepage of water into or overflow of water upon the Premises from neighboring lands any canal, ditch, stream or other watercourse or reservoir, or from any other source whether caused in whole or in pa11 by irrigation by the construction, maintenance, operation or failure of canals, dams, embankments, levees, spillways or other irrigation water storage or flood control works, or in any other manner.

Additional Uses. The Parties acknowledge and agree to the followingagree: (ia) Solar Energy that renewable and solar energy technologies are improving at a rapid rate and that it is probable that Tenant Lessee may (although Tenant Lessee shall not be required to) replace from time-to-time to time existing Solar Energy Facilities Transmission Facilities on the Leased Premises, entirely or in part, with newer model or design Solar Energy Facilities or Transmission Facilities Facilities, in Tenants ▇▇▇▇▇▇’s sole discretion.; (iib) The this Lease includes a grant of the right of ingress to and egress from the Solar Energy Facilities over over, under, and along the Leased Premises by means of any existing roads and lanes thereon, and by such other route or routes as Tenant Lessee may construct on the Leased Premises from time to time, for the benefit of and for purposes incidental to Operations on the Leased Premises and to the ImprovementsImprovements and/or to any other Projects owned or operated by Lessee or an affiliate of Lessee. (iiic) Except as specifically provided in this Section 3(b)(iii)Lease includes the right to (i) install and maintain on the Leased Premises transmission lines and facilities, both overhead and underground, which carry electricity to and/or from lands other than the Leased Premises, and (ii) install and maintain on the Leased Premises communication lines and facilities, both overhead and underground, which carry communications to and/or from lands other than the Leased Premises. (d) this Lease excludes includes the grant right to Tenant make use of any surface or subsurface water rights pertaining or any other water sources relating to the Leased Premises for Project purposes, provided Lessee maintains those water sources in productive use for future agricultural use of the Leased Premises. Landlord Lessee shall retain be responsible to pay all costs of maintaining the water rights, and sources in such productive use during the right Term. Lessor makes no representation or warranty as to the quality or quantity of water available for Lessee’s use of any won the Leased Premises. (e) The Improvements and ▇▇▇▇, if any, located on or in connection with the Premises (“Water Rights”). Notwithstanding Landlord▇▇’s reservation of Water Rights, Tenant shall have the right to use any such Water Rights practically and legally available at or upon the Premises for purposes of construction uses of the Project at Leased Premises permitted under this Section 3 are hereinafter sometimes referred to as the outset (in a quantity not to exceed l acre-feet), and for operation of the Operations going forward as may be required by Tenant and/or for the “Project, provided that, such use shall be limited to construction, cleaning operation and maintenance purposes for the Project and/or the Operations and be limited to 1 acre-foot per year. The Parties will act in good faith to quantify and accommodate Tenant’s water requirements from Landlord’s water supply in accordance herewith; and Tenant shall pay to Landlord the greater of the fair market value for any water used by Tenant based upon similar sales of similar water in the immediate vicinity of the Property or any published indices or other public information with respect to same or Landlord’s actual cost thereof, all based on an “out the meter” price. Landlord shall be responsible for the payment of the annual water availability fee to the local water or irrigation district or any other governmental authority for the maintenance and any costs associated with the water delivery systems on the Premises, and for compliance with all applicable laws rules and regulations applicable or pertaining to the Water Rights. Notwithstanding anything in this section to the contrary, Landlord assumes no responsibility for and does not warrant the availability quality, quantity, or cost of water supplied to the Premises. Landlord shall not be liable for any injury or damage sustained by Tenant, or by others acting under it on account of the unavailability of water to the Premises, the seepage of water into or overflow of water upon the Premises from neighboring lands any canal, ditch, stream or other watercourse or reservoir, or from any other source whether caused in whole or in pa11 by irrigation by the construction, maintenance, operation or failure of canals, dams, embankments, levees, spillways or other irrigation water storage or flood control works, or in any other manner.”