Insolation. District agrees that access to sunlight (“Insolation”) is essential to Provider’s ability to provide the projected Output, and is a material inducement to Provider in entering into this Agreement. Accordingly, District shall not permit any interference with Insolation available to the Solar Facility. If District becomes aware of any potential development, foliage or trees, or other activity on adjacent or nearby properties that will diminish the Insolation to the Leased Site or the Solar Facility, District shall advise Provider of such information and reasonably cooperate with Provider in reasonable measures taken by Provider in an attempt to preserve existing levels of Insolation at the Leased Site and the Solar Facility. If the existing levels of Insolation at the Leased Site and the Solar Facility cannot be preserved, other than due to the fault of either Party, the Parties shall negotiate in good faith an amendment to this Agreement to preserve the benefits and rights of each Party in existence as of the Effective Date.
Appears in 3 contracts
Sources: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement