Common use of Decommissioning and Abandonment Clause in Contracts

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 full amount of the Decommissioning Security, (ii) the date that the County provides written notice to Developer authorizing the release of the Decommissioning Security, or (iii) the date Developer has completed its decommissioning obligations under this Agreement as evidenced by an inspection report prepared by a Missouri licensed engineer documenting the decommissioning work that Developer has completed in compliance with this Agreement. 6.6 The County and Developer shall enter into a Decommissioning Agreement on or prior to the date Developer provides the Decommissioning Security to the County in accordance with this Section 6.

Decommissioning and Abandonment. 6.1 15.1 The Developer shall decommission the Project and remove Project Facilities in compliance with this Agreement within 12 18 months from the date Project Abandonment occurs and restore the Premises premises to as close to pre-pre- construction conditions as reasonably practical. The 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 Landownergrade. 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 15.2 As a requirement for Development Permit application, the Commercial Operation Date, Developer shall submit to the County Municipality a Decommissioning Plan complying with the specifications of this Agreement. 6.3 15.3 The Developer shall submit an updated Decommissioning Plan 10 years after the Commercial Operation Date, and every five 5 years thereafter so long as the Project is operational. 6.4 15.4 Within 45 60 days after delivery of the first Decommissioning PlanCommercial Operation Date , the Developer shall provide a Decommissioning Security in the amount of the Decommissioning Cost (provided such amount is a positive number) Bond and shall maintain the Decommissioning Security Bond for the benefit of Xxxx County, Missouri for explicit use by the County Municipality to assist landowners in removing the Project Facilities. The County Municipality may draw on or make a claim against the Decommissioning Security Bond for the actual cost incurred by the County Municipality to perform the Developer’s decommissioning obligations if the Developer fails to comply with such obligations set forth in Section 6.1 Sections 15.1 and 26.4 of this Agreement. 6.5 15.5 The Decommissioning Security Bond shall be adjusted, as needed, within 45 days after subsequent updates to the Decommissioning Plan to reflect the then-then- current Decommissioning Cost. The Decommissioning Security Bond shall remain in place until the earlier of (i) two years after Project Abandonment if the County Municipality has not drawn on or made a claim against the full amount of the Decommissioning Security, (ii) the date that the County provides written notice to Developer authorizing the release of the Decommissioning Security, or (iii) the date Developer has completed its decommissioning obligations under this Agreement as evidenced by an inspection report prepared by a Missouri licensed engineer documenting the decommissioning work that Developer has completed in compliance with this Agreement. 6.6 The County and Developer shall enter into a Decommissioning Agreement on or prior to the date Developer provides the Decommissioning Security to the County in accordance with this Section 6.Bond,

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 Knox 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 full amount of the Decommissioning Security, (ii) the date that the County provides written notice to Developer authorizing the release of the Decommissioning Security, or (iii) the date Developer has completed its decommissioning obligations under this Agreement as evidenced by an inspection report prepared by a Missouri licensed engineer documenting the decommissioning work that Developer has completed in compliance with this Agreement. 6.6 The County and Developer shall enter into a Decommissioning Agreement on or prior to the date Developer provides the Decommissioning Security to the County in accordance with this Section 6.

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 Countya 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 number)and shall maintain the Decommissioning Security for Securityfor 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 (iof(i) two years after Project Abandonment if the County has not drawn on or made a claim against the full amount of the Decommissioning Security, (ii) the date that the County provides written notice to Developer authorizing the release of the Decommissioning Security, or (iii) the iii)the date Developer has completed its decommissioning obligations under this Agreement as evidenced by an inspection report prepared by a Missouri licensed engineer documenting the decommissioning work that Developer has completed in compliance with this Agreement. 6.6 The County and Developer shall enter into a Decommissioning Agreement on or prior to the date Developer provides the Decommissioning Security to the County in accordance with this Section 6.