Common use of Easements and Access Rights Clause in Contracts

Easements and Access Rights. 2.4.1 To the extent that Generator has any such rights, Generator shall convey to Georgia Power at no cost to Georgia Power any and all rights of way and easements, including adequate and continued access rights to property of Generator necessary to provide Interconnection Service to Generator. Generator agrees that such parcel, rights of way, and easements shall survive termination or expiration of this Agreement, if and to the extent necessary for the continued use or the removal of the Interconnection Facilities. Such easements and access rights are specifically intended to permit Georgia Power to install, operate, maintain, replace and/or remove the Interconnection Facilities. 2.4.2 Upon reasonable advance notice given to Generator, representatives of Georgia Power (as the transmission asset owner) shall at all reasonable times have access to the Generator's Interconnection Equipment and to property owned or controlled by Generator to the extent necessary in order to: (i) inspect, maintain, and test meters and other Georgia Power equipment; (ii) interconnect, disconnect (in accordance with Section 3), monitor, or measure energy generated by the Facility; (iii) inspect the operation, maintenance or testing of the Generator's Interconnection Equipment; or (iv) take such other action as may be reasonably necessary to exercise Georgia Power's rights under this Agreement. Georgia Power shall take reasonable steps to ensure such access does not materially interfere with the operations, maintenance or testing of the Facility, and that Georgia Power's use of such property complies with Legal Requirements with respect to the Facility as well as with Generator's reasonable policies and procedures applicable to the Facility, including those regarding safety. Generator shall cooperate in such physical inspections of the Generator's Interconnection Equipment as may be reasonably required by Georgia Power. Georgia Power's technical review and inspection of the Generator's Interconnection Equipment shall not be construed as endorsing the design thereof nor as any warranty of the safety, durability or reliability of the Facility. 2.4.3 To the extent that Georgia Power has any such rights, Georgia Power agrees to furnish at no cost to Generator any necessary licenses or other access rights to permit Generator to construct, connect, operate and maintain its facilities located in Georgia Power's substation or to otherwise fulfill its obligations under this Agreement. After the Interconnection Facilities are energized, such access rights for Generator's facilities located inside the substation shall be exercised by Generator only with supervision by Georgia Power. Generator shall provide to Georgia Power reasonable notice under the circumstances of a request for such supervised access to the substation, and Georgia Power and Generator shall mutually agree upon the date and time of such supervised access, such agreement not to be unreasonably withheld. In addition to the aforementioned requirement, in exercising such access rights, Generator shall not unreasonably disrupt or interfere with normal operations of Georgia Power's business and shall act consistent with Good Utility Practice.

Easements and Access Rights. 2.4.1 To the extent that Generator has any such rights, Generator shall convey to Georgia Alabama Power at no cost to Georgia Alabama Power any and all rights of way and easements, including adequate and continued access rights to property of Generator necessary to provide Interconnection Service to Generator. Generator agrees that such parcel, rights of way, and easements shall survive termination or expiration of this Agreement, if and to the extent necessary for the continued use or the removal of the Interconnection Facilities. Such easements and access rights are specifically intended to permit Georgia Alabama Power to install, operate, maintain, replace and/or remove the Interconnection Facilities. 2.4.2 Upon reasonable advance notice given to Generator, representatives of Georgia Alabama Power (as the transmission asset owner) shall at all reasonable times have access to the Generator's Interconnection Equipment and to property owned or controlled by Generator to the extent necessary in order to: (i) inspect, maintain, and test meters and other Georgia Alabama Power equipment; (ii) interconnect, disconnect (in accordance with Section 3), monitor, or measure energy generated by the Facility; (iii) inspect the operation, maintenance or testing of the Generator's Interconnection Equipment; or (iv) take such other action as may be reasonably necessary to exercise Georgia Alabama Power's rights under this Agreement. Georgia Alabama Power shall take reasonable steps to ensure such access does not materially interfere with the operations, maintenance or testing of the Facility, and that Georgia Alabama Power's use of such property complies with Legal Requirements with respect to the Facility as well as with Generator's reasonable policies and procedures applicable to the Facility, including those regarding safety. Generator shall cooperate in such physical inspections of the Generator's Interconnection Equipment as may be reasonably required by Georgia Alabama Power. Georgia Alabama Power's technical review and inspection of the Generator's Interconnection Equipment shall not be construed as endorsing the design thereof nor as any warranty of the safety, durability or reliability of the Facility. 2.4.3 To the extent that Georgia Alabama Power has any such rights, Georgia Alabama Power agrees to furnish at no cost to Generator any necessary licenses or other access rights to permit Generator to construct, connect, operate and maintain its facilities located in Georgia Alabama Power's substation or to otherwise fulfill its obligations under this Agreement. After the Interconnection Facilities are energized, such access rights for Generator's facilities located inside the substation shall be exercised by Generator only with supervision by Georgia Alabama Power. Generator shall provide to Georgia Alabama Power reasonable notice under the circumstances of a request for such supervised access to the substation, and Georgia Alabama Power and Generator shall mutually agree upon the date and time of such supervised access, such agreement not to be unreasonably withheld. In addition to the aforementioned requirement, in exercising such access rights, Generator shall not unreasonably disrupt or interfere with normal operations of Georgia Alabama Power's business and shall act consistent with Good Utility Practice.