Assuring Open Access to Transmission Infrastructure. (a) The Parties acknowledge that this Agreement is meant to enhance the development of wind generated electricity projects in Mills County, Texas. The Company further acknowledges that certain critical transmission infrastructure ("Public Infrastructure") is located in Mills County, including substation(s) and transmission lines which have been funded by the ratepayers of Texas. The existence of this infrastructure creates the potential for future transmission line development ("Competing Lines") in support of additional wind and other electricity generating facilities in Mills County by other project sponsors/owners ("Competing Line Owners").
(b) To the extent affecting the Real Estate Rights of the Company, the Company �grees_to reasonably accommodate the planning, construction and operation ofsuch Competing Lines, mcludmg the interconnection of such lines to substations. The Company also agrees to cooperate reasonably with Competing Line Owners to facilitate access to Public Infrastructure across the Real Estate Rights. Such cooperation may include: i) attempting to agree with a Competing Line Owner on mutually satisfactory arrangements for the siting and operation of a Competing Line; and ii) allowing a Competing Line to cross the Company's leased area, provided the Competing Line Owner and the Company execute a crossing agreement reasonably acceptable to both parties.
(c) The Company agrees not to seek unreasonable compensation, arbitrarily limit Competing Line Owner transmission line or generating facility capacityif such transmission line or generating facility capacity does not adversely impact the Project, or unreasonable termination clauses or insurance requirements.
(d) In the spirit of maintaining a fair, competitive, and robust environment in Mills County for electricity generating projects, the County agrees that any future abatement agreement between County and Competing Line Owners or competing wind energy developers will contain provisions substantially similar to this Section 10.
Assuring Open Access to Transmission Infrastructure. Owner acknowledges that this Agreement is meant to enhance the development of wind generated electricity projects in the County. Owner further acknowledges that the County hosts certain critical transmission infrastructure (“Public Infrastructure”), including substation(s) and transmission lines that have been planned and approved by the Texas Public Utilities Commission and funded by the ratepayers of Texas. The existence of this infrastructure creates the potential for future transmission line development (“Competing Lines”) in support of additional wind and other electricity generating facilities in the County by other project sponsors/owners (“Competing Line Owners”).
