3.3 Use of Owner’s Property. During the Option Term, Operator and its employees, agents and contractors shall have a non-exclusive right to enter upon the Owner’s Property and the right of ingress and egress over and across the Owner’s Property for the purposes of (i) surveying the Owner’s Property; (ii) performing such other tests and studies as Operator may desire in connection with the Option, including, without limitation, environmental, avian and cultural resource assessments, and geotechnical,foundation and soil tests; provided that such activities do not unreasonably interfere with Owner’s use of the Owner’s Property as set out in Section l0.4.; and (iii) installing, maintaining, operating, inspecting and removing one or more wind monitoring devices and all associated activities (including the Meteorological Towers referenced in Section 7.3), and including the performance of all tests and studies associated therewith.
4.1 Construction Easement. … When installing, maintaining or removing the nacelle and rotor from any Wind Turbine, whether located on or off of Owner’s Property, this Construction Easement also shall permit workers to do the following: (a) (for the purpose of securing tag lines) travel on foot or in a pickup truck, SUV, small forklift or other similar vehicles onto Owner’s Property up to seven hundred (700) feet in any direction from the center of the Access Easement; and (b) drive an erection crane on Owner’s Property.
4.2 Access Easement. Owner grants to Operator an irrevocable, non-exclusive easement for vehicular and pedestrian ingress and egress over, across and along the Owner’s Property (or such portions thereof that may be described in the attached Exhibits “B”), by means of any existing roads or lanes thereon, or otherwise by such route or routes as Operator or Owner may construct from time to time.
4.3 Wind Turbine Easement. Owner grants Operator an irrevocable, exclusive easement to construct, operate and maintain Wind Turbines, Collection Facilities, (as defined in Section 7.2) together with associated roads and parking areas on Owner’s Property …
4.4 Collection Easement. Owner grants to Operator an irrevocable, exclusive easement for the construction, installation, maintenance, use, operation, repair, replacement, relocation and removal of Collection Facilities on, over, across, along and under the Owner’s Property …
4.5 Wind Non-Obstruction Easement. Owner grants to Operator an irrevocable, exclusive easement for the right and privilege to use, maintain and capture the free and unobstructed flow of wind currents over and across the Owner’s Property. Owner shall not interfere, or permit any other party to interfere with the free, unobstructed and natural wind flow, wind speed or wind direction over and across the Owner’s Property by doing the following within 1400 feet of a Wind Turbine or proposed Wind Turbine location: (a) constructing buildings or other structures on the Owner’s Property; (b) planting trees on the Owner’s Property; or (c) engaging in any other activity on the Owner’s Property or elsewhere that might, in the sole opinion of Operator, cause a decrease in the output or efficiency of the Wind Turbines located on the Owner’s Property.
4.7 Noise Easement. Owner grants Operator an irrevocable, non-exclusive easement for the right and privilege to generate and maintain audible noise levels in excess of fifty (50) dbA on and above the Noise Easement Property at any or all times of the day or night (”Noise Easement”). The “Noise Easement Property” shall mean the Owner’s Property except those portions within a 200-foot radius circle (or lesser distance with Owner’s prior written consent) centered on the inside of each presently existing, occupied residence on the Owner’s Property.
10.1 Exclusive Use by Operator. Subject to the limitations in Sections 10.3 and l0.4, Operator shall have the exclusive right (i) to use and possess the Operator Property in connection with the Wind Power Project and other similar wind-powered electrical power generation projects; (ii) to investigate, inspect, survey, and conduct tests of the Owner’s Property, including, but not limited to, meteorological, environmental, archeological and geotechnical tests and studies; (iii) to use and convert all of the wind resources on the Owner’s Property; and (iv) to undertake such other activities on the Owner’s Property that may be related to the Wind Power Project, including, without limitation, the storage of towers, materials and equipment during the installation and construction of the Wind Turbines and other Improvements; development and operation of communications systems; and site tours of the Wind Power Project for visitors and other interested parties.
10.4.2 Ranching and Agricultural Uses. Owner and Operator agree to cooperate with each other in a manner that will allow Owner to continue the current ranching and agricultural uses of the Owner’s Property in a manner that does not unreasonably interfere with Operator’s use of the Operator Property.
10.4.3 Hunting and Other Recreational Uses. Owner and Operator agree to cooperate with each other in a manner that will allow Owner to use the Owner’s Property for hunting and other recreational purposes in a manner that does not unreasonably interfere with Operator’s use of the Operator Property. Before allowing any person to enter upon the Owner’s Property for hunting or other recreational purposes, Owner shall require each such person to execute a Hunter’s Waiver and Release Agreement in substantially the same form as the attached Exhibit “C”. If Owner should fail to obtain such Hunter’s Waiver and Release Agreement, Owner shall be liable to Operator in the same manner as the person who failed to sign the Hunter’s Waiver and Release Agreement would have been liable if such person had signed such Hunter’s Waiver and Release Agreement, and Owner agrees to indemnify and hold Operator harmless from any loss, liability clam or damage resulting from the failure of Owner to obtain such person’s signature on the Hunter’s Waiver and Release Agreement.
10.7 No Interference. During the Tenn of this Agreement, Owner covenants and agrees that neither Owner nor its agents, lessees, invitees, guests, licensees, successors or assigns will (i) interfere with, impair or prohibit the free and complete use and enjoyment by Operator of its rights granted by this Agreement; (ii) take any action which will interfere with or impair the availability, accessibility, flow, frequency, or direction of air and wind over and above the Owner’s Property; (iii) take any action which will in any way interfere with or impair the transmission of electric, electromagnetic or other forms of energy to or from the Owner’s Property; or (iv) take any action which will interfere with or impair Operator’s access to the Owner’s Property and the Operator Property for the purposes specified in this Agreement.
16. Confidentiality. THIS AGREEMENT INCLUDES CONFIDENTIAL AND PROPRIETARY INFORMATION RELATING TO OPERATOR AND THE WIND POWER PROJECT. IN ADDITION, FROM TIME TO TIME OPERATOR MAY DELIVER TO OWNER ADDITIONAL CONFIDENTIAL AND PROPRIETARY INFORMATION RELATING TO THE WIND POWER PROJECT (“ADDITIONAL INFORMATION”). OWNER AGREES NOT TO PROVIDE COPIES OF THE AGREEMENT OR ADDITIONAL INFORMATION OR DISCLOSE THE TERMS OF THE AGREEMENT OR ADDITIONAL INFORMATION TO ANY UNAUTHORIZED PERSON OR ENTITY. OPERATOR AUTHORIZES OWNER TO PROVIDE COPIES OF THE AGREEMENT AND ADDITIONAL INFORMATION AND DISCLOSE THE TERMS THEREOF TO OWNER’S FAMILY, ATTORNEY, ACCOUNTANT, FINANCIAL ADVISOR AND ANY EXISTING OR PROSPECTIVE MORTGAGEE, LESSEE, OR PURCHASER, SO LONG AS THEY LIKEWISE AGREE NOT TO PROVIDE COPIES OF THE AGREEMENT OR ADDITIONAL INFORMATION OR DISCLOSE THE TERMS THEREOF TO ANY UNAUTHORIZED PERSON OR ENTITY.
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