Fuel and Product Interties. To the extent that it is necessary for the Phase III Cogeneration Facility Contractor to run power lines or pipelines, or both, through the Miramar Landfill in order to intertie the Utility Interface with the grid of a public utility (such as the Utility Company), to receive natural gas or back-up power, or to deliver Cogeneration Facility Products produced by the Phase III Cogeneration Facility to a customer, the City hereby agrees, subject to City review and approval, not to be unreasonably withheld, conditioned or delayed, and to the terms set forth in Article II, Section 2 above, to grant to the Phase III Cogeneration Facility Contractor without charge for the Term of this Agreement all necessary licenses, rights of way, easements or other legal rights in, under, over, across or through such land as may be necessary to install, construct, operate and maintain power poles, power lines, gas pipelines, pumps, compressors and ancillary equipment, as the case may be. In addition, if the City owns existing power poles or similar poles located along a route on land other than the Miramar Landfill and which would facilitate interconnecting the Utility Interface with the grid of a public utility purchasing or wheeling the electric power generated by the Phase III Cogeneration Facility, the City hereby grants to the Phase III Cogeneration Facility Contractor the right, without any additional compensation to be paid by the Phase III Cogeneration Facility Contractor, to attach its power lines to such poles owned by the City. If the City (a) owns any existing pipeline easements or rights of way on or through land owned by third parties along a route that would facilitate the construction of a pipeline by the Phase III Cogeneration Facility Contractor to deliver Cogeneration Facility Products produced by the Phase III Cogeneration Facility to a customer, and (b) the construction of such pipeline by the Phase III Cogeneration Facility Contractor would constitute a permissible burden on the servient tenement under the terms of such easements or rights of way and would not unreasonably interfere with any existing or proposed use of such easements or rights of way by the City, then the City hereby grants to the Phase III Cogeneration Facility Contractor the right, without any additional compensation to be paid by the Phase III Cogeneration Facility Contractor, to construct, operate, repair, replace and maintain such pipeline within any such easement or right of way.
Fuel and Product Interties. The following is added to the end of Section 6.10 of the 1998 North City Site Lease. Furthermore, to the extent that it is necessary for the City to run power lines, pipelines, and utilities, through the North City Cogeneration Facility Site in order to intertie the Utility Interface with the grid of a public utility, receive natural gas, or deliver City-Developed North City Expansion Products or other utilities for the City-Developed North City Expansion Project, the Cogenerator hereby agrees to grant to the City without charge for the Term of this Agreement all necessary licenses, rights of way, easements or other legal rights in, under, over, across or through such land as may be necessary to install, construct, operate and maintain power poles, power lines, gas pipelines, utilities and any associated ancillary equipment, as the case may be, provided, however such legal rights shall not interfere with the Cogenerator’s operation of the North City Cogeneration Facility. Any Loss-and-Expense of the Cogenerator resulting from the City's exercise of such rights, licenses or easements to install, construct, operate and maintain power poles, power lines, gas pipelines, utilities and any associated ancillary equipment shall be covered by the City pursuant to the terms of Section 5(B) of the North City Site Lease 2011 Amendment.
