Installation of Improvements. Except as expressly provided herein, Lessee shall not cause any improvements to be installed on the Premises, except for the installation of unattached, movable trade fixtures, without the prior written consent of Owner, which consent shall not be unreasonably withheld. Owner hereby consents to ▇▇▇▇▇▇'s construction and installation of the Generating Facility on the Premises. Lessee shall notify Owner not less than ninety (90) days in advance of the Construction Commencement Date and, together with such notice, Lessee shall provide drawings and other information reasonably requested by Owner regarding the Generating Facility and any other proposed improvements. The drawings and information provided by Lessee to Owner shall include preliminary design drawings for ▇▇▇▇▇▇’s erosion control and drainage water management systems (the “Systems”). Owner’s written approval of the preliminary design of the Systems shall be required, provided that Owner’s approval shall not be unreasonably withheld, conditioned or delayed. Owner has the option to remove any of Owner's structures or improvements from the Premises prior to the Construction Commencement Date. If Owner does not remove Owner's structures and improvements prior to the Construction Commencement Date, then Lessee may do so without compensation or expense to Owner. All construction work done by ▇▇▇▇▇▇ (or at its direction) on the Premises shall be performed in a good and workmanlike manner, and in compliance with all governmental requirements. Lessee shall pay all costs for any construction done by it or caused to be done by it on the Premises as permitted by this Lease, and keep the Premises free and clear of all mechanics' liens resulting from construction done by or for Lessee, and shall indemnify Owner and hold Owner harmless against any loss, liability or damage resulting from any such construction work. Within thirty (30) days after the installation of the Generating Facility is complete, Lessee shall deliver to Owner an affidavit of Lessee stating that the Generating Facility has been completed in compliance with the terms of this Lease and that all contractors, subcontractors, laborers and materialmen who have performed work on or furnished materials to the Premises have been paid in full and that all liens therefore that have been or might be filed have been discharged of record or waived or that a bond has been posted for such purpose. All improvements installed by Lessee shall be and remain the property of ▇▇▇▇▇▇.
Appears in 1 contract
Sources: Commercial Lease
Installation of Improvements. Except as expressly provided herein, Lessee shall not cause any improvements to be installed on the Premises, except for the installation of unattached, movable trade fixturesthe Windpower Facilities, without the prior written consent of Owner, which consent shall not be unreasonably withheld. Owner hereby consents to ▇▇▇▇▇▇'s construction and installation of the Generating Facility Windpower Facilities on the Premises. Lessee shall notify Owner not less than ninety (90) days in advance of the Construction Commencement Date time that Lessee intends to commence installation of the Windpower Facilities and, together with such notice, Lessee shall provide a site plan showing the contemplated locations and routes of the Windpower Facilities (including, without limitation, locations of proposed new gates or cattle guards) and other drawings and other information reasonably requested by Owner regarding the Generating Facility Windpower Facilities and any other proposed improvements. The drawings and information provided by Lessee to Owner , which improvements shall include preliminary design drawings for ▇▇▇▇▇▇’s erosion control and drainage water management systems acceptable to Owner (the “Systems”), and shall coordinate the location of the Windpower Facilities with Owner to minimize any disruption or inconvenience to Owner and the uses of the Premises reserved to Owner. Owner’s written approval of the preliminary design of the Systems shall be required, provided that Owner’s approval shall not be unreasonably withheld, conditioned or delayed. Owner shall, no later than fifteen (15) business days after receipt of the site plan or the Systems from Lessee, provide Lessee with all recommendations, suggestions, concerns or approvals Owner has regarding the option proposed site plan or Systems, as applicable. Owner shall install markers as reasonably necessary and at intervals sufficient to remove any clearly and adequately identify the location of Owner's structures or improvements from the Premises prior Windpower Facilities. Notwithstanding anything to the Construction Commencement Date. If Owner does not remove Owner's structures contrary herein, any access roads, transmission lines, substations, O&M Buildings and improvements prior to the Construction Commencement Date, then Lessee may do so without compensation or expense to Owner. All construction work done by ▇▇▇▇▇▇ (or at its direction) Temporary Facilities installed on the Premises are subject to Owner’s consent as to location. Subject to the foregoing, Lessee shall use commercially reasonable efforts to accommodate Owner’s suggestions regarding the proposed location of the Wind Turbines and Windpower Facilities, but the location of the Wind Turbines and Windpower Facilities, other than access roads, transmission lines, substations, O&M Buildings and Temporary Facilities, shall remain in the Lessee’s sole discretion and subject to change during construction of the Project. In no event shall the Wind Turbines or Windpower Facilities constructed by Lessee permanently dam or materially alter the drainage patterns of water on the Premises. To the extent possible, any new roads or power lines will be performed constructed in a good and workmanlike manner, manner designed to minimize interference to agricultural activities and in compliance with all governmental requirementssuch a manner to allow farm and ranch equipment crossing and minimal disturbance to land contour features. Without the prior written consent of Owner, Lessee shall pay all costs not place any Windpower Facilities (for Wind Turbines, measured from the end of any construction done by it or caused to be done by it Wind Turbine blade) within (i) two thousand five hundred feet (2,500’) of any residence on the Premises as permitted by this Lease, and keep the Premises free and clear of all mechanics' liens resulting from construction done by or for Lessee, and shall indemnify Owner and hold Owner harmless against any loss, liability or damage resulting from any such construction work. Within thirty (30) days after the installation of the Generating Facility is complete, Lessee shall deliver to Owner an affidavit of Lessee stating that the Generating Facility has been completed in compliance with the terms of this Lease and that all contractors, subcontractors, laborers and materialmen who have performed work on or furnished materials to the Premises have been paid in full and that all liens therefore that have been or might be filed have been discharged of record or waived or that a bond has been posted for such purpose. All improvements installed by Lessee shall be and remain the property of ▇▇▇▇▇▇.and
Appears in 1 contract
Sources: Commercial Lease