Purpose of Easement. The easements and grant of rents, royalties, credits and profits created by this Agreement (collectively, the “Easement”) are solely and exclusively for wind energy purposes, and not for any other purpose, and Grantee shall have the exclusive right to use the Property for wind energy purposes and to derive all profits therefrom. For purposes of this Agreement, wind energy purposes means converting wind energy into electrical energy, and collecting and transmitting the electrical energy so converted, together with any and all activities related thereto (“Development Activities”), including, without limitation, (a) determining the feasibility of wind energy conversion and other power generation on the Property, including studies of wind speed, wind direction and other meteorological data, and extracting soil samples; (b) constructing, laying down, installing, using, replacing, relocating and removing from time to time, and maintaining and operating, wind turbines, overhead and underground electrical and communications lines (“Collection/Transmission Facilities”), electric transformers, energy storage facilities, telecommunications equipment, power generation facilities to be operated in conjunction with large wind turbine installations, roads, meteorological towers and wind measurement equipment, and related facilities and equipment (collectively “Wind power Facilities”) on the Property; (c) overhanging rotors of wind turbines installed on adjacent land; (d) capturing, using, and converting unobstructed wind resources over and across the Property; (e) wind turbine operations, including electromagnetic, audio, flicker, visual, view, light, noise, vibration, air turbulence, wake, electrical, radio interference, shadow and other effects attributable to wind turbines; and (f) undertaking any other activities, whether accomplished by Grantee or a third party authorized by Grantee, that Grantee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing, including without limitation, exercising the right of ingress to and egress from Windpower Facilities (whether located on the Property, on adjacent property or elsewhere) over and across the Property by means of roads and lanes thereon if existing, or otherwise by such route or routes as Grantee may construct from time to time (“Access Rights”).
Project. The Parties acknowledge and agree that the Property, together with the other property included in the Project, will be interrelated and integrated in the operation of one or more larger wind energy conversion projects. The easements and other rights granted herein are an integral part of each Project. So long as any Windpower Facilities in a Project are in commercial operation, the Property shall be deemed to be in commercial operation, notwithstanding whether Windpower Facilities are actually installed upon the Property. Grantee may determine whether any particular group of Windpower Facilities constitutes a single Project or multiple Projects for purposes of this Agreement, and in the case of multiple Projects, which portion of the Property shall be included within each Project.
Download original document: “Agreement Regarding Easements – Diamond Trail Wind Energy”
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