Decommissioning and Abandonment. 6.1 Developer shall decommission the Project and remove Project Facilities in compliance with this Agreement within 12 months from the date Project Abandonment occurs and restore the Premises to as close to pre-construction conditions as reasonably practical. Developer shall decommission the Project Facilities as follows:
(a) All surface and subsurface drainage structures displaced or damaged during decommissioning shall be repaired.
(b) All Wind Turbines, Transmission Lines, meteorological towers, above ground junction boxes, and above ground pad-mount transformers, if applicable, shall be removed.
(c) Wind Turbine foundation pedestals shall be removed to a depth of four feet below ground level.
(d) If requested by the Participating Landowner, access roads shall be removed and the ground restored to a reasonably similar state as the remainder adjacent land.
(e) Underground collector lines, wires, and cables shall be removed to a depth of four feet below grade unless otherwise requested by the Participating Landowner. Underground collector lines, wires, and cables may be abandoned in place if they are at least a depth of four feet below grade.
6.2 Five years after the Commercial Operation Date, Developer shall submit to the County a Decommissioning Plan complying with the specifications of this Agreement.
6.3 Developer shall submit an updated Decommissioning Plan 10 years after the Commercial Operation Date, and every five years thereafter so long as the Project is operational.
6.4 Within 45 days after delivery of the first Decommissioning Plan, Developer shall provide Decommissioning Security in the amount of the Decommissioning Cost (provided such amount is a positive number) and shall maintain the Decommissioning Security for the benefit of Xxxx County, Missouri for explicit use by the County to assist landowners in removing the Project Facilities. The County may draw on or make a claim against the Decommissioning Security for the actual cost incurred by the County to perform Developer’s decommissioning obligations if Developer fails to comply with such obligations set forth in Section 6.1 of this Agreement.
6.5 The Decommissioning Security shall be adjusted, as needed, within 45 days after subsequent updates to the Decommissioning Plan to reflect the then-current Decommissioning Cost. The Decommissioning Security shall remain in place until the earlier of (i) two years after Project Abandonment if the County has not drawn on or made a claim against the...
Decommissioning and Abandonment. Contractor shall be liable and shall bear the cost and expenses for all claims, damages or losses arising out of or related to Environmental Damages resulting from suspended and abandoned xxxxx and other facilities for a period of five (5) Calendar Years following the relinquishment of a portion of the Contract Area or the relinquishment of a Development and Production Area that includes such xxxxx or facilities unless Contractor can demonstrate that the pollution and damages are caused by acts of nature or by actions or omissions of others.
Decommissioning and Abandonment. 3.11.1 The Developer shall decommission the Wind Farm Facility and remove all associated infrastructure in compliance with this agreement within two (2) years from the date the Wind Farm Facility is decommissioned and restore the site to as close to pre-construction conditions as is reasonably practical. For greater clarity, as part of decommissioning, the Developer shall ensure:
a) All Large-Scale Wind Turbine Generators and all other infrastructure associated with the Wind Farm Facility, if applicable, shall be removed.
b) Turbine Foundations for the Large-Scale Wind Turbine Generators shall be removed to a minimum depth of three (3) feet below ground level.
c) Underground collector lines, wires, cables, and any other associated materials and infrastructure shall be removed to a minimum depth of three (3) feet below grade. Underground collector lines wires, cables, and any other associated materials and infrastructure are permitted to be abandoned in place if they are at least a minimum depth of 3 (three) feet below grade.
d) Ensure all surface and subsurface drainage structures displaced or damaged during decommissioning shall be repaired or replaced.
e) For great clarity, the developer acknowledges that any obligations associated with decommissioning belongs solely to it and not to any of the individual landowners who are a party to this agreement.
3.11.2 The Developer shall submit an updated Decommissioning Plan within ten (10) years after the Commercial Operation Date, and subsequently an updated plan within 2 years prior to decommissioning.
Decommissioning and Abandonment. Subject to Sub-Articles 3.6.2 and 25.8 Contractor shall be liable and shall bear the cost and expenses for all claims, damages or losses arising out of or related to Environmental Damages resulting from suspended and abandoned xxxxx and other facilities for a period of five (5) Calendar Years following the relinquishment of a portion of the Contract Area or the relinquishment of a Development and Production Area that includes such xxxxx or facilities unless Contractor can demonstrate that the pollution and damages are caused by acts of nature or by actions or omissions of others.
Decommissioning and Abandonment
