Common use of Withdrawal of Objections Clause in Contracts

Withdrawal of Objections. 1. Within 10 days of the execution of this agreement, the DoD Parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement. 2. All Parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for two (2) additional ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed two (2), that the proposed height of the METs does not exceed 390 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 46 of the 53 wind turbines filed and one two (12) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for six (6) additional ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed six (6), that the proposed height of the METs does not exceed 197 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 144 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.six

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for three (3) ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed three (3), that the proposed height of the METs does not exceed 400 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 60 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.three

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for one (1) additional ASN for a MET within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASN corresponding to the MET, provided that the total number of METs does not exceed one (1), that the proposed height of the MET does not exceed 132 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASN referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 45 wind turbines and one one (1) MET MET, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on in Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, 3.A and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 wind turbines and one four (1) MET 4), and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed, and its signatories. 3. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections Sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess the potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for two (2) additional ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed two (2), that the proposed height of the METs does not exceed 443 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 54 wind turbines constructed and one two (12) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 67 wind turbines and one (1) MET turbines, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 3. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 days of the execution of this agreement, the DoD Parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference A with a statement incorporated into FAA’s OE/AAA system referencing this agreement.. The FAA has already issued Determinations of No Hazard for the two (2) MET ASNs listed in Attachment A. 2. All Parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 wind turbines and one two (12) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for three (3) ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed three (3), that the proposed height of the METs does not exceed 322 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 176 wind turbines and one three (13) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections Sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for three (3) additional ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed three (3), that the proposed height of the METs does not exceed 400 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 37 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.three

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the BOEM a copy of this agreement and the DoD parties shall deliver to the FAA “No Objections with Provisions” for the four (4) ASNs corresponding to the wind turbine and substation locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 62 wind turbines and one one (1) MET substation, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 3. If the Project Owner submits any substitute structures to BOEM within 36 months of the execution of this agreement, the DoD parties agree to deliver to BOEM written concurrence provided that the affected structures are listed on Attachment A, do not exceed the maximum height specified in Section 3.A, that the substitute structures are located within the siting parameters of the Project area specified in Attachment B of this agreement or any amendments to this agreement, and that the total number of wind turbine structures does not exceed 62 and one (1) substation after substitution. 4. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreementAgreement), provided that Project Owner is in material compliance with the terms of this agreement Agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess the potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for three (3) ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed three (3), that the proposed height of the METs does not exceed 322 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 78 wind turbines and one three (13) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET locations listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 nine (9) wind turbines and one (1) MET MET, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 3. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections Sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for two (2) additional ASNs for METs within 24 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed two (2), that the proposed height of the METs does not exceed 450 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 50 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.two

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for two (2) ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed two (2), that the proposed height of the METs does not exceed 600 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 18 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.two

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET tower locations listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters and adhere to the areas of height restrictions of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 60 wind turbines and one three (13) permanent MET towers, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 3. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for two (2) additional ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed two (2), that the proposed height of the METs does not exceed 328 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 68 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.two

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for four (4) ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed four (4), that the proposed height of the METs does not exceed 395 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 78 wind turbines and one four (14) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in on Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for up to three (3) ASNs for METs within 36 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to those MET towers, provided that the total number of METs does not exceed three (3), that the proposed height of those METs does not exceed 460 feet AGL, the proposed MET locations are within the Project Area boundary as shown in Attachment B, and a statement is incorporated into FAA’s OE/AAA system into the ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, that if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section C.F.R. section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.Asection 10.A below), do not exceed the maximum heights height specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that ; the total number of structures wind turbine ASNs for the Project still does not exceed 63 wind turbines 84 and one three (13) MET METs; and a statement is incorporated into FAA’s OE/AAA system into the ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 two (2) wind turbines and one (1) MET turbines, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 3. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for three (3) ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed three (3), that the proposed height of the METs does not exceed 394 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 70 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.three

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for four (4) ASNs for METs within 18 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed four (4), that the proposed height of the METs does not exceed 400 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 84 wind turbines and one (1) MET and a statement is incorporated into FAA’s OE/AAA system referencing this agreement. 3. The DoD Parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.four

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 six (6) wind turbines and one (1) MET turbines, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 3. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for three (3) additional ASNs for METs within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the METs, provided that the total number of METs does not exceed three (3), that the proposed height of the METs does not exceed 391 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 65 of the 71 wind turbines filed with the FAA and one three (13) MET METs, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD Parties parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to the wind turbine locations and MET listed in Attachment A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 2. Project Owner may apply to the FAA for one (1) ASN for a MET within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASN corresponding to the MET, provided that the total number of METs does not exceed one (1), that the proposed height of the MET does not exceed 322 feet AGL, and a statement is incorporated into FAA’s OE/AAA system into the MET ASN referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All Parties parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum heights specified in Section 3.A, and are located within the siting parameters of the Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of structures for the Project still does not exceed 63 79 wind turbines and one one (1) MET MET, and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the date executed and its signatories. 34. The DoD Parties parties agree not to object to the construction and operation of the Project before any federal, state, or local regulatory entity with jurisdiction over the Project (except as provided in sections 6.B and 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this agreement and that Project Owner has disclosed to the DoD Parties parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.