Setback Waiver Clause Samples

Setback Waiver. (a) Grantee has acquired, or will acquire, certain leases, easements and other related rights covering real property located adjacent to and/or in the vicinity of the Property (collectively, the “Wind Farm Property”) for purposes of the construction, installation, maintenance, use and operation of wind energy conversion turbines (“Wind Turbines”), electrical distribution and transmission facilities and related roads and facilities (collectively, the “Wind Facilities”). (b) To the extent that any applicable law, ordinance, regulation or permit establishes, or has established, minimum setbacks from the exterior boundaries of the Property for Wind Facilities constructed on Wind Farm Property, to the fullest extent permitted by applicable law, Owner hereby waives any and all such setback requirements with respect to each and every property line of the Property (the “Setback Waiver”). (c) Grantee will abide by all laws, ordinances, regulations, and permit provisions establishing setbacks from occupied residences on the Property as of the date hereof, and in no event shall Grantee construct a Wind Turbine within One Thousand Three Hundred Twenty Feet (1,320') of any occupied residence located on the Property (as measured from the edge of the base of the Wind Turbine to the exterior of the closest foundation of any occupied residence on the Property as of the date hereof). (d) This Setback Waiver is for the benefit of Grantee, the owner(s) of adjacent Wind Farm Property, and their respective successors and assigns, and shall run with the land.

Setback Waiver. To the extent that any applicable law, ordinance, regulation or permit establishes minimum setbacks from the exterior boundaries of the Property (or any structures thereon) for Windpower Facilities (including Wind Turbines) constructed on the Property or adjacent real property, then Owner agrees to waive and hereby does waive any and all such setbacks and setback requirements for the benefit of Grantee, the owner(s) of the adjacent real property, and their respective successors and assigns. Further, if requested by Grantee, Owner shall execute and deliver to Grantee one or more separate setback waivers and/or easements in a form provided by Grantee, which Grantee may then record at its expense.

Setback Waiver. 1.1 To the extent that any applicable law, ordinance, regulation or permit establishes, or has established, minimum setbacks from the exterior boundaries of the Property (or any structures thereon) for Windpower Facilities constructed on Wind Farm Property, Owner hereby waives any and all such setback requirements (the “Setback Waiver”); provided however, ▇▇▇▇▇▇▇ agrees not to construct a Wind Turbine within One Thousand Three Hundred Twenty Feet (1,320’) of any occupied residence located on the Property (as measured from the edge of the base of the Wind Turbine to the exterior of the closest foundation of any occupied residence on the Property as of the date hereof) and not to allow the blade of any Wind Turbine to overhang any boundary of the Property. For the avoidance of doubt, this Agreement does not grant to Grantee the right to construct Windpower Facilities on the Property. 1.2 The Setback Waiver is for the benefit of Grantee, the owner(s) of adjacent Wind Farm Property, and their respective successors and assigns, and shall run with the land. If requested by ▇▇▇▇▇▇▇, Owner shall execute and deliver to Grantee one or more separate setback waivers evidencing the intent of this Section 1, in a form provided by Grantee, which Grantee may then record at its expense.

Setback Waiver. Without limiting the generality of the obligations provided in Section 20, Lessor agrees to cooperate with Lessee in response to Lessee’s request for a waiver, to the extent permitted by applicable law, of any and all setbacks and setback requirements, whether imposed by applicable law or by any person or entity, including any setback requirements described in any zoning ordinance of any governmental authority or in any governmental entitlement or permit heretofore or hereafter issued to Lessee, any Sublessee or affiliate thereof. Upon Lessor’s written consent to Lessee’s request for a setback waiver, Lessor shall: (i) execute (and if appropriate cause to be acknowledged) any setback waiver, setback elimination or other document or instrument reasonably requested by Lessee, a Sublessee, any governmental authority in connection therewith; (ii) return the same thereto within Ten (10) days after such request, and consent is granted; and (iii) provide such public support, at no cost or out of pocket expense to Lessor, as Lessee may reasonably request in connection with any related zoning variance or other government application.