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1 <br /> 5� <br /> t <br /> K. In consideration of the mutual Agreements contained herein, and <br /> other good and valuable consideration, the receipt of which is hereby acknowledged, <br /> ' Lessor and Lessee agree as follows: <br /> 1. DEFINITIONS. <br /> 1 <br /> All capitalized terms used in this Site Lease Agreement shall have the meaning <br /> set forth herein, or as defined in the Landfill Gas Purchase Agreement by and between <br /> Lessor and Lessee executed contemporaneously herewith, and which is incorporated <br /> ' herein by reference. In the event that there is a contradiction between the two <br /> documents, the definitions set forth in the Landfill Gas Purchase Agreement shall be <br /> controlling. <br /> 2. PROPERTY DESCRIPTION. <br /> i <br /> ' A. Lessor is the owner of real property located at 6484 North Waverly <br /> Road, Linden, California, which includes the Foothill Sanitary Landfill. The area subject ; <br /> to this lease (the "Site"), is within that property, and is more particularly described and <br /> ' depicted in Exhibit A (Site Description) hereto and incorporated herein by reference. ?. <br /> 3 <br /> i <br /> B. Lessor, in consideration of the rents and faithful performance of the <br /> covenants set forth herein to be paid and performed by Lessee, does hereby demise <br /> and lease unto Lessee the Site for the sole purpose of constructing, owning and <br /> operating Lessee's facilities, which shall consist of Ameresco's Facilities and related <br /> facilities for processing and utilizing LFG purchased from Lessor as more fully 3 <br /> described in the Landfill Gas Purchase Agreement. <br /> ' C. The Site is leased to Lessee in "as-is where-is" condition and <br /> Lessor shall have no obligation to make any improvements to the Site before or during <br /> the Term of this Site Lease Agreement. Lessor does not warrant or guarantee that the <br /> Site does now, or ever will, meet the requirements of Lessee to fulfill Lessee's a <br /> obligations under the Landfill Gas Purchase Agreement. j <br /> I ' <br /> 3. TERM. <br /> A. The Term of this Site Lease Agreement shall commence on the <br /> i <br /> ' Effective Date and shall continue in effect for as long as the Landfill Gas Purchase <br /> Agreement remains in effect. This Site Lease Agreement shall terminate upon the <br /> expiration or termination, for any reason, of the Landfill Gas Purchase Agreement and <br /> shall be renewed or extended to the same extent that the Landfill Gas Purchase g <br /> Agreement is renewed or extended ("Term"). l <br /> B. On the date set forth in any termination notice issued to Lessee <br /> by Lessor, either under this Site Lease Agreement or the Landfill Gas Purchase <br /> Agreement, all rights, title and interest of Lessee in the Site shall terminate at the <br /> discretion of Lessor, except that Lessee shall not relinquish any rights to the Plant and <br /> Ameresco Facilities contained therein. <br /> Site Lease Agreement 2 # <br /> LFG to Energy s <br /> Foothill Sanitary Landfill y <br /> SW-106035-R7 <br />