Common use of Use and Possession Clause in Contracts

Use and Possession. In accordance with the terms of the Development Agreement and the ESA, Tenant shall construct on, in and/or under the Project Site, and shall operate and maintain thereon, an energy facility (such facility, including the Improvements and the Additional Property, is referred to herein as the "Project") that will provide hot water, cold water and electricity (collectively, the "Services") for the Landlord's Property, as described more fully in the ESA. The Project shall include fiber optic cable and conduit and related equipment installed by Tenant for use in connection with providing and monitoring the Services. In accordance with the terms of the Development Agreement and the ESA, equipment and other improvements necessary to control and monitor the Project may also be located at the Project Site and on, in or under the Landlord's Property. Title to the Improvements and to all of the personal property owned by Tenant and used in connection with the construction, operation and maintenance of the Project is now and shall be and remain in Tenant from and after the date hereof, subject to Landlord's potential future interest in the Improvements, which shall become a possessory interest upon the expiration or earlier termination of the Term and subject to the other terms and conditions contained in this Lease.

Use and Possession. In accordance with the terms of the Development Agreement and the ESA, Tenant shall construct on, in and/or under the Project Site, and shall operate and maintain thereon, an energy facility (such facility, including the Improvements and the Additional Property, is referred to herein as the "Project") that will provide hot water, cold water and electricity (collectively, the "Services") for the Landlord's Property, as described more fully in the ESA. The Project shall include fiber optic cable and conduit and related equipment installed by Tenant for use in connection with providing and monitoring the Services. In accordance with the terms of the Development Agreement and the ESA, equipment and other improvements necessary to control and monitor the Project may also be located at the Project Site and on, in or under the Landlord's Property. Title to the Improvements and to all of the personal property owned by Tenant and used in connection with the construction, operation and maintenance of the Project is now and shall be and remain in Tenant during the from and after the date hereof, subject to Landlord's potential future interest in the Improvements, which shall become a possessory interest upon the expiration or earlier termination of the Term and subject to the other terms and conditions contained in this Lease.