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Item 5.1-5.2
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09-26-2000
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Item 5.1-5.2
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41:3970 <br /> foundation, within six months from the date the Term expires or the Lease <br /> • terminates. If Lessee fails to remove any of the Wind Facilities within the <br /> required time period, such Wind Facilities shall be considered abandoned by <br /> Lessee and Lessor may remove these Wind Facilities from the Premises and <br /> dispose of them in its sole discretion without notice or liability to Lessee. <br /> Section 5.4 Hazardous Wastes <br /> Lessee shall not use, dispose of or release on the Premises or cause or permit to <br /> exist or be used, stored, disposed of or released on the Premises as a result of <br /> Lessee's operations, any substance which is defined as a "hazardous material", <br /> "toxic substance" or "solid waste" in any federal, state or local law, statute or <br /> ordinance, except in such quantities as may be required in its normal business <br /> operations and only if such use is not harmful to Lessor and is in full compliance <br /> with all applicable laws. <br /> Section 5.5 Insurance <br /> (a) Lessee shall obtain and maintain in force policies of insurance covering the Wind <br /> Facilities and Lessee's activities on the Premises at all times during the Term, <br /> including specifically comprehensive general liability insurance with a minimum <br /> combined occurrence and annual limitation of one million dollars. Such <br /> insurance coverage for the Wind Facilities and Premises may be provided as part <br /> • of a blanket policy which covers other wind facilities or properties as well. Any <br /> such policies shall name Lessor as an additional insured and shall provide for 30 <br /> days prior written notice to Lessor of any cancellation or material change. Lessee <br /> shall provide Lessor with copies of certificates of insurance evidencing this <br /> coverage upon request by Lessor. <br /> ARTICLE VI. Lessor Covenants <br /> Lessor covenants, represents and warrants to Lessee as follows: <br /> Section 6.1 Title and Authority <br /> Except to the extent otherwise stated in this Lease, Lessor is the sole owner of <br /> the Premises in fee simple and each person or entity signing the Lease on behalf <br /> of Lessor has the full and unrestricted authority to execute and deliver this Lease <br /> and to grant the easements and rights granted herein. All persons having any <br /> ownership interest in the Premises (including spouses) are signing this Lease as <br /> Lessor. When signed by Lessor, this Lease constitutes a valid and binding <br /> agreement enforceable against Lessor in accordance with its terms. There are no <br /> encumbrances or liens against the Premises except as disclosed by Lessor to <br /> Lessee or which are reflected in an abstract or title report for the Premises <br /> provided to Lessee prior to execution of the Lease. <br />
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