Common use of Insolation Clause in Contracts

Insolation. ▇▇▇▇▇▇ acknowledges and agrees that access to sunlight is essential to the value of the leasehold interest granted hereunder to ▇▇▇▇▇▇ and is a material inducement to Lessee in entering into this Lease. Accordingly, at all times during the Lease, Lessee shall have the exclusive and continuous right to unobstructed direct sunlight for operation of the Solar Facility, and shall have the right to remove any foliage or other obstruction on the Leased Premises that could adversely affect insolation levels on Solar Equipment Sites without the consent of Lessor. In addition, Lessor shall not (i) plant any vegetation on the Leased Premises that could adversely affect insolation levels on Solar Equipment Sites or (ii) emit or permit the emission of suspended particulate matter, smoke, steam or other air-borne impediments to insolation. In the event Lessor fails to prohibit such actions, Lessee shall have the right to prevent such actions and offset any rent payments by the reasonable costs incurred by Lessee to prohibit such actions. If Lessor becomes aware of any potential development or other activity on adjacent or nearby properties that could diminish the insolation to any Solar Equipment Site, Lessor shall advise Lessee of such information and reasonably cooperate with Lessee, at no additional expense to Lessor, in measures to preserve existing levels of insolation at any Solar Equipment Site. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Exhibit B, Section B-4, and therefore Lessee shall have the right to equitable remedies, including without limitation the remedies of injunctive relief and specific performance to enjoin any use of the leased portion of the Solar Equipment Sites that has a material adverse effect on or results in a material interference with Lessee’s business or operations on the Solar Equipment Sites, or the amount of electricity generated by the Solar Facility.