Standard Utility Easement for Wind Energy Development
Author: Detroit Edison Company
3. Ingress and Egress. Grantor also grants to Grantee, its officers, employees, agents, contractors, subcontractors, licensees, invitees and guests, a non-exclusive Easement on, over and across the Easement Area, for vehicular and pedestrian ingress from the public right of way to all portions of the Easement Area and egress to the public right of way from all portions of the Easement Area by Grantee, its officers, employees, agents, contractors, subcontractors, licensees, invitees and guests, for the Term. Grantee agrees not to unreasonably interfere with Grantor’s activities on the Easement Area and to use commercially reasonable efforts to construct any roads for ingress and egress parallel and perpendicular to existing property lines, ditches and outlets.
8. Continued Use of Easement Area.
(a) Grantor’s Limited Use and Enjoyment. Grantee shall have the sole and exclusive right to conduct wind energy development activities on the Easement Area. However, Grantor may enjoy the limited use of the Easement Area provided that any activity of Grantor, its employees, agents, contractors, subcontractors, licensees, invitees and guests, does not obstruct the wind, in any way impede or decrease the output or efficiency of Grantee’s Wind Units, or otherwise interfere with the speed and direction of the wind, Grantee’s Wind Unit facilities or related structures or the rights granted to Grantee under this Easement. Grantor shall not place any fixtures or equipment or build any other structures on the Easement Area without the prior written consent of Grantee, which consent shall not be unreasonably withheld or delayed.
(b) Restricted Areas. Notwithstanding the foregoing, by written notice from Grantee to Grantor, at any time during the Term, Grantee may identify certain specific areas within the Easement Area (individually, a “Restricted Area”) in which Grantee’s use shall be exclusive and Grantor’s use in any manner shall be prohibited …
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