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Trade Secret <br />I. being classified as a Public Utility under Minnesota <br />Statutes Chapter 216B.02, Subd. 4., or to leverage tax <br />benefits as tax owner, Tenant may, at its sole <br />discretion, assign and/or sublease all or part of its full <br />interest under the Facility Lease Agreement to a <br />controlled affiliate of Tenant, assign its rights under this <br />Power Purchase Agreement a controlled affiliate of <br />Tenant, or assign this Agreement in connection with <br />any sale of any or all of its Assets to a third party or <br />Bank. <br />m. Time is of the Essence. Time is of the essence with <br />respect to all of the terms of this Agreement. <br />n. Data Practices. Seller considers the information <br />contained in this Agreement related to the programs, <br />methods, techniques and processes utilized by Seller <br />to offer and implement the Energy System to be trade <br />secret information of Seller as defined in the Minnesota <br />Government Data Practices Act Ch. 13 .37 Subd. 1 (b) <br />GENERAL NONPUBLIC DATA. In no event shall this <br />information be shared or disclosed with any person or <br />third party without the prior written approval of Seller. <br />The Parties acknowledge they have read this <br />Agreement, understand it and agree to be bound by its terms <br />and conditions as of the date first set forth above. <br />Tenant <br />Green2 Solar Leasing, LLC <br />By: <br />Rich Ragatz, its Vice President <br />Dated: <br />Customer <br />City of Roseville <br />By: <br />Dan Roe and Patrick Trudgeon, its Dan Roe, its Mayor and <br />Patrick Trudgeon, its City Manager <br />Dated: <br />