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Solar Rooftop Lease

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  1. Owner and solar company
  2. The roof
  3. Term and installation
  4. Rent and deposit
  5. Power, access and removal
  6. Ending, disputes and signing

Step 1 of 6

Owner and solar company

For example: Chadha Commercial Complex Private Limited

Owner's constitutionNeeded
Owner's address for this document and for noticesNeeded

For example: SunBridge Energy Private Limited

Solar Company's constitutionNeeded
Solar Company's address for this document and for noticesNeeded
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For example: Ravneet Chadha

For example: Ravneet Chadha

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SOLAR ROOFTOP LEASE

BETWEEN

__________, __________, of __________ (the "Owner")

AND

__________, __________, of __________ (the "Solar Company")

The Owner and the Solar Company are each a "Party" and together the "Parties".

RECITALS

A. The Owner owns, or is entitled to lease, the building and Roof described below.

B. The Solar Company develops and runs rooftop solar plants, and wishes to install and run one on the Roof.

C. The Owner has agreed to lease the Roof, and the Solar Company to take it on lease, on the terms of this Lease.

NOW THIS LEASE WITNESSES as follows.

  1. 1. THE ROOF AND THE TERM

1.3 The Owner confirms that it owns the building or holds the right to lease the Roof for this term, that no lender, lessor or allotment condition stops it, and that the Roof is free of other leases or rights. If the Owner has a mortgage or a head lease, the Owner shall obtain the lender's or head lessor's written consent before the start date.

  1. 2. RENT

2.5 Property tax and the building's other charges stay with the Owner. The Solar Company bears the cost of installing, running, insuring and maintaining the Plant, and any electricity charges and grid or metering fees arising from it.

  1. 3. APPROVALS, INSTALLATION AND THE ROOF

3.1 Before installation the Solar Company shall obtain, at its cost, a structural report from a qualified engineer confirming that the Roof can safely carry the Plant, and give the Owner a copy. It shall not install if the report says the Roof cannot carry it, unless the Parties agree changes in writing.

3.2 The Solar Company shall obtain every approval needed for the Plant and its connection to the grid, including from the electricity distribution licensee, the State or Union Territory nodal agency for renewable energy, and the local authority. The Owner shall sign the applications, consents and declarations that only the Owner, as the owner of the building or consumer at the premises, can sign, promptly and without charge beyond its own costs.

3.3 The Solar Company shall install the Plant in a way that does not damage the Roof's waterproofing or structure. It shall repair at its cost any leakage or damage caused by the installation, the Plant or its removal, and shall keep the Plant free of any hazard to the building, including by proper earthing, lightning protection and fire safety.

  1. 4. ACCESS, SUNLIGHT AND THE OWNER'S DUTIES

4.2 During the term the Owner shall not build on or add to the Roof or any neighbouring part of the building, or allow anything, that would shade the Plant or interfere with its working, and shall not give anyone else a right over the Roof that conflicts with this Lease. If the Owner must carry out roof repairs, it shall give the Solar Company reasonable notice, and the Solar Company shall at its cost temporarily move or protect the Plant so the work can be done.

4.3 The Solar Company shall keep public-liability insurance, and insurance on the Plant, in force during the term and give the Owner a copy on request. It shall indemnify the Owner against third-party claims for injury or damage arising from the Plant or its work on the Roof, except to the extent caused by the Owner.

4.4 The Solar Company may give its lender security over the Plant and its rights under this Lease, and the Owner shall, on request, sign a reasonable acknowledgement letting the lender enter and remove or run the Plant if the Solar Company defaults. The Solar Company shall not otherwise assign this Lease or sub-let the Roof without the Owner's written consent, which shall not be unreasonably withheld for a transfer to a company that takes over the Plant.

4.5 If the Owner sells or transfers the building, it shall make the buyer take it subject to this Lease and shall tell the Solar Company, so that this Lease binds the buyer for the rest of the term.

  1. 5. ENDING THIS LEASE AND REMOVAL

5.3 The Parties intend this Lease to be a lease of immovable property for more than one year, and shall have it stamped and registered as the law requires. The Owner shall not be liable for any loss of generation, and the Solar Company shall not be liable for any loss of the Owner's profit, in either case beyond what this Lease expressly says.

  1. 6. NOTICES, DISPUTES AND STAMP DUTY

6.1 Any notice under this Lease shall be in writing and delivered by hand, registered post, speed post or courier to the address of the receiving Party stated at the head of this Lease (or any changed address notified in writing), or by email where the Parties have agreed an email address in writing. A notice is treated as received on delivery or, if posted, on the fifth day after posting.

  1. 7. GENERAL

7.1 This Lease is the whole agreement between the Parties on its subject and replaces every earlier discussion or understanding about it.

7.2 No change to this Lease is effective unless it is in writing and signed by both Parties.

7.3 A Party's failure or delay in enforcing this Lease is not a waiver. If any provision is held invalid or unenforceable, the rest of this Lease continues in force.

FOR THE OWNER
__________

Signature: ______________________________
Date: ______________________________

FOR THE SOLAR COMPANY
__________

Signature: ______________________________
Date: ______________________________

WITNESSES

  1. 1. Name and address: ______________________________ Signature: ______________________
  2. 2. Name and address: ______________________________ Signature: ______________________

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