Agreement to Decommission; Restoration Fund Amount. Company shall decommission each Generating Unit and related improvements pursuant to the terms of this Agreement, with detailed Plan related thereto described in Attachment A attached hereto. The Company shall decommission each Generating Unit and related improvements upon the discontinuation of use, which shall be deemed to occur upon 1) the failure of such Generating Units to produce electricity for twelve (12) consecutive months unless a plan outlining the steps and schedule for returning the Generating Units to service is submitted and approved by the Building Department within the twelve (12) month discontinuation period or 2) written notice from the Company to the County that decommissioning is otherwise commencing. Decommissioning shall include: (i) removal from the property of each Generating Unit and related improvements installed or constructed by Company, (ii) fill in and compact all trenches or other borings or excavations made by Company on the property, (iii) leave the surface of the property free from debris, and (iv) use reasonable efforts to restore the Property to farmable condition, as more 21657899.v7 particularly described in Attachment B (Agricultural Soil Reclamation Plan) attached hereto. A reasonable estimated completion date shall be provided to the Building Department. In the event of a force majeure or other event which results in the absence of electrical generation for twelve (12) months, by the end of the twelfth month of non-operation, Company shall provide a plan to the County Building Department for its approval setting out that the Project will be substantially operational and producing electricity within twenty-four (24) months of the force majeure or other event. If such a demonstration is not made to the reasonable satisfaction of the Building Department, the decommissioning must be initiated within twelve (12) months after the force majeure or other event. The approval of the Building Department of such a plan may not be unreasonably withheld. County considers a force majeure to be due to the following causes: acts of God, war, civil commotion, riots or damage to work in progress by reason of fire or other casualty, strikes, lock outs or other labor disputes, delays in transportation, inability to secure labor or materials in the open market, war, terrorism, sabotage, civil strife or other violence, improper or unreasonable acts or failures to act by the County, the failure of any governmental authority to issue any p...
Agreement to Decommission; Restoration Fund Amount. Company shall decommission each Generating Unit and related improvements in accordance with the terms of this Agreement and the detailed Plan provided as Attachment A to this Agreement. The Company shall decommission each Generating Unit and related improvements upon the permanent discontinuation of use, which shall be deemed to occur upon the failure of such Generating Units to produce electricity for twelve (12) consecutive months, unless a plan outlining the steps and schedule for returning the Generating Units to service is submitted and approved by the County within the twelve (12) month discontinuation period. Decommissioning shall include: (i) removal from the property of each Generating Unit and related improvements installed or constructed by Company, (ii) fill in and compact all trenches or other borings or excavations made by Company on the property, (iii) leave the surface of the property free from Project debris, and (iv) use reasonably practical efforts to restore the Property to equivalent land use to what existed immediately before construction of the Project, as more particularly described in Attachment B (Agricultural Soil Reclamation Plan) to this Agreement. 20926700.8 In the event of a force majeure or other event which results in the absence of electrical generation for twelve (12) consecutive months, by the end of the twelfth month of non-operation, Company must demonstrate to the County that the Project will be substantially operational and producing electricity within twenty-four (24) months of the force majeure or other event. If such a demonstration is not made to County’s reasonable satisfaction, the decommissioning must be initiated within eighteen (18) months after the force majeure or other event. The approval of the County of such a plan may not be unreasonably withheld. County considers a force majeure to be due to the following causes: acts of God, war, civil commotion, riots or damage to work in progress by reason of fire or other casualty, strikes, lock outs or other labor disputes, delays in transportation, inability to secure labor or materials in the open market, war, terrorism, sabotage, civil strife or other violence, improper or unreasonable acts or failures to act by the County, the failure of any governmental authority to issue any permit, entitlement, approval or authorization within a reasonable period of time after a complete and valid application for the same has been submitted, the effect of any law, proclama...
