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r, u� K. In consideration of the mutual Agreements contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, r Lessor and Lessee agree as follows: 1. DEFINITIONS. n Yi All capitalized terms used in this Site Lease Agreement shall have the meaning set forth herein, or as defined in the Landfill Gas Purchase Agreement by and between Lessor and Lessee executed contemporaneously herewith, and which is incorporated { herein by reference. In the event that there is a contradiction between the two documents, the definitions set forth in the Landfill Gas Purchase Agreement shall be controlling. 2. PROPERTY DESCRIPTION. A. Lessor is the owner of real property located at 6484 North Waverly Road, Linden, California, which includes the Foothill Sanitary Landfill. The area subject to this lease (the "Site"), is within that property, and is more particularly described and depicted in Exhibit A (Site Description) hereto and incorporated herein by reference. 7 B. Lessor, in consideration of the rents and faithful performance of the Li covenants set forth herein to be paid and performed by Lessee, does hereby demise and lease unto Lessee the Site for the sole purpose of constructing, owning and operating Lessee's facilities, which shall consist of Ameresco's Facilities and related facilities for processing and utilizing LFG purchased from Lessor as more fully = described in the Landfill Gas Purchase Agreement. C. The Site is leased to Lessee in "as -is where -is" condition and ` Lessor shall have no obligation to make any improvements to the Site before or during the Term of this Site Lease Agreement. Lessor does not warrant or guarantee that the Site does now, or ever will, meet the requirements of Lessee to fulfill Lessee's F obligations under the Landfill Gas Purchase Agreement. 3. TERM. A. The Term of this Site Lease Agreement shall commence on the Effective Date and shall continue in effect for as long as the Landfill Gas Purchase Agreement remains in effect. This Site Lease Agreement shall terminate upon the expiration or termination, for any reason, of the Landfill Gas Purchase Agreement and shall be renewed or extended to the same extent that the Landfill Gas Purchase Agreement is renewed or extended ("Term"). r3 B. On the date set forth in any termination notice issued to Lessee r } by Lessor, either under this Site Lease Agreement or the Landfill Gas Purchase Agreement, all rights, title and interest of Lessee in the Site shall terminate at the discretion of Lessor, except that Lessee shall not relinquish any rights to the Plant and Ameresco Facilities contained therein. Site Lease Agreement 2 77 LFG to Energy Foothill Sanitary Landfill Sw-106035-R7 rte'