Common use of Use, operation and maintenance Clause in Contracts

Use, operation and maintenance. Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's business purposes, in accordance with all manufacturer manuals and instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. If commercially available, Lessee shall maintain in force a maintenance agreement with respect to the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, and the Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of law. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of Lessor.

Use, operation and maintenance. Lessee The Customer agrees with Nexxis that: (a) The use of the Equipment carries with it dangers and risks of injury and the Customer agrees to accept all dangers and risks. (b) The Customer shall keep the Equipment at the Delivery Address specified in the Nexxis Quote unless prior written permission has been obtained from Nexxis to relocate the Equipment elsewhere. (c) The Equipment shall not be used by anyone other than the Customer without the express permission of Nexxis. (d) The Customer shall use the Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so. Further, the Customer will ensure that all persons operating or erecting the Equipment are instructed in its safe and proper use, and where required, hold valid proof of training or are fully licenced to use it. (e) The Customer will operate, maintain, store and transport the Equipment in a proper manner for which it was designed and intended, solely for Lessee's business purposes, where required strictly in accordance with all manufacturer manuals any instruction provided by Nexxis and the manufacturer’s instructions and with due care and diligence. (f) The Equipment will only be used for its intended purpose and in compliance accordance with any manufacturer’s instructions and recommendations whether supplied by Nexxis or posted on the Equipment in regard to its operation, maintenance and storage. (g) The Customer will comply with all applicable lawsoccupational heath and safety laws and regulations relating to the use of the Equipment, regulations and orders. Lesseeassociated operations. (h) The Customer shall ensure the Equipment is returned to Nexxis clean of all foreign matter or agrees to a reasonable cleaning fee being charged by Nexxis. (i) The reasonable costs of consumables provided by Nexxis are used by the Customer are to be paid to Nexxis at the completion date. (j) The Customer shall permit Nexxis, its agents or servants to enter the premises where Equipment is located at Lessee's own cost all reasonable times in order to inspect the Equipment or carry out repairs to the Equipment. (k) The Customer requires and expense, will utilise the Equipment for its business purposes. (l) The Customer shall keep the Equipment in good repair, condition a safe and working order, ordinary wear and tear excepted, and proper location. (m) The Customer shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. If commercially available, Lessee shall maintain in force a maintenance agreement with respect to not alter or modify the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, and the Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessorfrom Nexxis. (n) The Equipment shall at all times, which consent shall not be unreasonably withheld. Neither this Lease nor any interest whilst in the Equipment is assignable care, custody or transferable by Lessee by operation control of law. Lessee agrees not to waive the Customer, be at the risk of the Customer. (o) The Customer accepts full responsibility for all equipment rented, including its right to use and possess the Equipment in favor of accordance with any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed operating instructions provided or met by Lessee under this Lease, Lessee's quiet and peaceful possession Government Regulations. (p) The Customer will in respect of the Equipment comply with all State, Territory and Federal Laws. (q) The Equipment, when returned to Nexxis, will not have any information contained in or associated with it which would, if received by Nexxis or any other person, be disturbed by Lessor in breach of State, Territory or anyone claiming byFederal privacy laws. (r) Nexxis shall, at its expense when it deems necessary, provide maintenance and recalibration for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment, which may become defective during the rental period through no fault of the Customer. If the Equipment does not operate properly the Customer shall notify Nexxis and request instructions before taking any action. The responsibility for advising Nexxis of any need for recalibration rests with the Customer. Nexxis may at its sole and absolute discretion and for such length of time as it deems expedient replace Equipment with another of such type or on behalf of Lessormodel as shall for the time being available and Equipment substituted shall be subject to these conditions.

Use, operation and maintenance. Lessee shall use Lessee, at its expense will provide a suitable place for the Equipment installation, operation and maintenance of all Leased Property with all such facilities fully complying with the installation and operational specifications outlined in pertinent Manufacturer's/Vendor's/Licensor's manuals. Lessee, without expense to Lessor, will enter into and keep in force during the manner for entire term of this Lease the best standard Manufacturer's/Vendor's/Licensor's Maintenance Agreement in form and substance approved by Lessor which it was designed will cause Manufacturer's/Vendor's/Licensor's to make all of the necessary repairs, adjustments, and intended, solely for Lessee's business purposes, replacements in accordance with all manufacturer manuals such Agreement and instructions entitle Lessee (through Lessor, if necessary) to obtain enhancements, updates and in compliance changes available under the License or Maintenance Agreement. Lessee will provide full free access to the Leased Property for maintenance purposes. Lessee shall not do anything, or fail to do anything, to impair the Manufacturer's/Vendor's/Licensor's warranty with all applicable lawsrespect to any Leased Property such as (but not limited to) using a version of software, regulations and ordersother than the version specified by the License to be used, making unauthorized modifications of the Leased Property, failing to follow Manufacturer's/Vendor's/Licensor's operations or maintenance instructions, or abusing, misusing or allowing negligent acts to be caused by Lessee or those to whom Lessee gives access to the Leased Property. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to Lessee will comply with all applicable health and safety standards. If commercially availablelaws, Lessee shall maintain in force a maintenance agreement rules, regulations or orders of any governmental agency with respect to the Equipment with the manufacturer thereof Leased Property or such other party as may be acceptable to Lessor, and the Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value use, operation, maintenance or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance storage thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of law. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of Lessor.

Use, operation and maintenance. (a) Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's ’s business purposes, substantially in accordance with all manufacturer manuals and instructions and in compliance with Applicable Law. As used herein, “Applicable Law” means all applicable laws, regulations statutes, regulations, ordinances, orders and ordersother requirements of any governmental authority (including such requirements necessary to ensure that the Equipment qualifies for all tax benefits and environmental attributes, in each case, to the extent available by law to the owner of the Equipment as of the date of this Agreement). Lessee, at Lessee's ’s own cost and expense, shall install a fuel cell energy production monitoring system to monitor the energy production of the Equipment, and such monitoring system shall be acceptable to the Lessor and provide Lessor with real-time access to such monitoring system’s data. Any such monitoring systems installed by Lessee shall be deemed part of the Equipment and shall become property of Lessor. Lessee, at Lessee’s own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, sufficient to perform according to the requirements of this Agreement and each Project Document, and shall furnish or otherwise obtain all parts, mechanisms, devices and servicing required therefor in the ordinary course. Lessee shall also make, at Lessee’s own cost and necessary expense, all modifications to the Equipment as are required from time to time for the Equipment to comply with all applicable health Applicable Law and safety standardseach Project Document. If commercially availableAll replacement parts, Lessee shall maintain in force a maintenance agreement with respect repairs, alterations, modifications and additions to the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, and the Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's ’s prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value current or utility estimated residual value, utility, function, operation or remaining useful life of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and . Lessor acknowledges that any data files or software developed or installed by Lessee which is resident or otherwise installed on the Equipment shall be readily removable without causing damage and remain the property of Lessee; provided, however, that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Lessee shall, at Lessee’s own cost and expense, provide and maintain a security system to adequately secure and limit access to the Equipment. Upon return to Lessor the Equipment as to which In connection with any such alterationsalteration, modifications modification or additions have been made, Lesseeto the Equipment, if requested to do so by LessorLessee permanently removes any parts, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear equipment and/or other materials from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of law. Lessee agrees not to waive its right to use and possess the Equipment in favor connection with installing a permanent replacement, title to and risk of any party loss of and liability for such replaced parts, equipment and/or other than Lessor and further agrees not materials shall pass to abandon Lessee at the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession time of removal from the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of LessorEquipment.

Use, operation and maintenance. (a) Except as otherwise agreed to by Lessor, all Equipment shall be shipped directly to Lessee. (b) Lessee shall use agrees that the Equipment will be used by Lessee solely in the manner for which it was designed and intended, solely for Lessee's conduct of its business purposes, in accordance with all manufacturer manuals and instructions and in compliance a manner complying with all applicable laws, regulations and orders. Lesseeinsurance policies. (c) Lessee will not move any Equipment from the location specified on the Schedule without the prior written consent of Lessor; provided, however, that Lessee may, without the prior written consent of the Lessor, relocate the Equipment from the location designated on a Schedule to a new location at Lessee's own cost which Lessee or one of its subsidiaries conducts lawful business operations following written notice to Lessor and expense, execution of such documentation as Lessor shall reasonably request. (d) Lessee will keep the Equipment free and clear of all Liens other than those which result from acts of Lessor. (e) Lessor shall not disturb Lessee’s quiet enjoyment of the Equipment during the term of the Agreement unless a default has occurred and is continuing under this Agreement. (f) Lessee’s use of the Equipment shall be subject to the Supplier’s terms and conditions of sale, including, but not limited to any requirements regarding site preparation. Lessee further acknowledges that in the event the Equipment contains embedded software, such software is subject to the proprietary rights of the owner thereof and Lessee’s use of such software will be subject to the terms of any related software licenses. (g) Lessee will, at its sole expense, maintain each unit of Equipment in good operating order and repair, condition and working order, ordinary normal wear and tear excepted, excepted and also maintain the Equipment in accordance with manufacturer’s recommendations. Lessee shall furnish make all parts, mechanisms, devices and servicing alterations or modifications required therefor and necessary to comply with all any applicable health and safety standardslaw, rule or regulation during the term of this Agreement. If commercially availableLessor requests, Lessee shall maintain in force a maintenance agreement with respect to affix plates, tags or other identifying labels showing ownership thereof by Lessor. (h) Lessee will not attach or install anything on any Equipment that will impair the originally intended function or use of such Equipment with without the manufacturer thereof or such other party as may be acceptable to prior written consent of Lessor. All additions, parts, supplies, accessories, and the Equipment, upon return Equipment (“Additions”) furnished or attached to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment that are not readily removable shall become the property of Lessor. Lessee may, with Lessor's prior written consent, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and All Additions shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear made only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part compliance with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of applicable law. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of Lessor.

Use, operation and maintenance. (a) Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's ’s business purposes, substantially in accordance with all manufacturer manuals and instructions and in compliance with Applicable Law. As used herein, “Applicable Law” means all applicable laws, regulations statutes, regulations, ordinances, orders and ordersother requirements of any governmental authority (including such requirements necessary to ensure that the Equipment qualifies for all tax benefits and environmental attributes, in each case, to the extent available by law to the owner of the Equipment as of the date of this Agreement). Lessee, at Lessee's ’s own cost and expense, shall install a fuel cell energy production monitoring system to monitor the energy production of the Equipment, and such monitoring system shall be acceptable to the Lessor and provide Lessor with real-time access to such monitoring system’s data. Any such monitoring systems installed by Lessee shall be deemed part of the Equipment and shall become property of Lessor. Lessee, at Lessee’s own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, sufficient to perform according to the requirements of this Agreement and each Project Document, and shall furnish or otherwise obtain all parts, mechanisms, devices and servicing required therefor therefore in the ordinary course. Lessee shall also make, at Lessee’s own cost and necessary expense, all modifications to the Equipment as are required from time to time for the Equipment to comply with all applicable health Applicable Law and safety standardseach Project Document. If commercially availableAll replacement parts, Lessee shall maintain in force a maintenance agreement with respect repairs, alterations, modifications and additions to the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, and the Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's ’s prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value current or utility estimated residual value, utility, function, operation or remaining useful life of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and . Lessor acknowledges that any data files or software developed or installed by Lessee which is resident or otherwise installed on the Equipment shall be readily removable without causing damage and remain the property of Lessee; provided, however, that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Lessee shall, at Lessee’s own cost and expense, provide and maintain a security system to adequately secure and limit access to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of law. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of Lessor.

Use, operation and maintenance. Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's business purposes, in accordance with all manufacturer manuals and instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. If commercially availableThe Equipment, Lessee upon return to Lessor, shall maintain be in force such condition as to qualify for a maintenance agreement with respect to the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, and the Equipmentif such agreement is customarily available, upon return without additional cost to Lessor, but nothing contained herein shall qualify for such program without additional expenserequire the Lessee to modify or upgrade the equipment. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall keep be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment free and clear from all liens, charges, encumbrances, legal process and claimsfor the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or reduce any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, which consent shall not be unreasonably withheldCHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of lawLESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than LessorLESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this LeaseNEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming byLESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, through or on behalf of LessorTHROUGH OR ON BEHALF OF LESSOR.

Use, operation and maintenance. (a) Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's ’s business purposes, substantially in accordance with all manufacturer manuals and instructions and in compliance with Applicable Law. As used herein, “Applicable Law” means all applicable laws, regulations statutes, regulations, ordinances, orders and ordersother requirements of any governmental authority (including such requirements necessary to ensure that the Equipment qualifies for all tax benefits and environmental attributes, in each case, to the extent available by law to the owner of the Equipment as of the date of this Agreement). Lessee, at Lessee's ’s own cost and expense, shall install a fuel cell energy production monitoring system to monitor the energy production of the Equipment, and such monitoring system shall be acceptable to the Lessor and provide Lessor with real-time access to such monitoring system’s data. Any ________________________________________ such monitoring systems installed by Lessee shall be deemed part of the Equipment and shall become property of Lessor. Lessee, at ▇▇▇▇▇▇’s own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, sufficient to perform according to the requirements of this Agreement and each Project Document, and shall furnish or otherwise obtain all parts, mechanisms, devices and servicing required therefor in the ordinary course. Lessee shall also make, at ▇▇▇▇▇▇’s own cost and necessary expense, all modifications to the Equipment as are required from time to time for the Equipment to comply with all applicable health Applicable Law and safety standardseach Project Document. If commercially availableAll replacement parts, Lessee shall maintain in force a maintenance agreement with respect repairs, alterations, modifications and additions to the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, and the Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's ’s prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value current or utility estimated residual value, utility, function, operation or remaining useful life of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and . Lessor acknowledges that any data files or software developed or installed by Lessee which is resident or otherwise installed on the Equipment shall be readily removable without causing damage and remain the property of Lessee; provided, however, that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Lessee shall, at ▇▇▇▇▇▇’s own cost and expense, provide and maintain a security system to adequately secure and limit access to the Equipment. Upon return In connection with any such alteration, modification or additions to Lessor the Equipment, if Lessee permanently removes any parts, equipment and/or other materials from the Equipment in connection with installing a permanent replacement, title to and risk of loss of and liability for such replaced parts, equipment and/or other materials shall pass to Lessee at the time of removal from the Equipment. (b) Lessee shall take all necessary actions so that Lessee is either not subject to or is exempt from regulation (i) as to which such alterationsa "public utility" or a "holding company" under the FPA and PUHCA and FERC's regulations thereunder, modifications and (ii) as a "public utility," "electric utility," "electric corporation," or additions have been made, Lessee, if requested to do so by Lessor, shall remove a "holding company" or similar terms under applicable laws or regulations of the same and restore state where the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. is located. (c) Lessee shall keep at all times maintain, or cause to be maintained, in full force and effect the Equipment free Interconnection Agreement and/or such other interconnection agreement with the applicable local utility that permits interconnection and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession operation of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of law. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of Lessorparallel with such utility’s distribution system.