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Fill and Sign the Execution Copy Definitive Agreement This Definitive Form

Fill and Sign the Execution Copy Definitive Agreement This Definitive Form

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Page 1 of 2 OPTION FOR REGENERATION STATION EASEMENT STATE: COUNTY: For valuable consideration, the receipt and sufficiency of which is acknowledged, the undersigned (the “Optionor”) grants to _____, whose address is _____, its subsidiaries, successors, and assigns (the “Optionee”), an option to purchase for the further sum of _____ Dollars ($_____), an exclusive easement to construct, maintain, operate, inspect, repair, re place, and remove a regeneration station facility consisting of electronic communications equipment, buildings, generators and emergency electrical service, poles, anchors, guys, cables, wires, conduits, manholes, handholes, markers, pedestals, electrical conductors and structures and associated paving, fencing, and other necessary fixtures and related appurtenances, in, over, under and on a plot of land _____ feet in width and _____ feet in length, lying within that ce rtain real property, which the Optionor owns or in which the Optionor has any interest, described as follows: (Description of Land) The Optionor covenants and agrees to grant and convey an easement and right of way to, and in a form satisfactory to Optionor, an electric power utility company authorized to provide electric power service to Optionee’s facilities. The undersigned also grants to Optionee the right to use and improve any private road on the real property, or if no road exists, or if, in Optionee’s opinion, existing roads are inadequate, to construct, use and repair a private road or roads along any other practical routes. Optionor covenants and agrees not to erect or construct, or permit to be erected or constructed, any fence, building, or any other structure of any kind within the limits of the easement and right of way granted to Optionee; and, not to grant other easements on, under, or over the easement that is the subject of this Option, without Optionee’s prior written approval, during the term of this Option and that these covenants shall be made a part of the grant of right of way and easement should this Option be exercised. Optionor also grants to Optionee the right to cut, fill or otherwise change the grade of the property and to place drainage and retaining structures on it, as Optionee may elect, for the protection of the facilities. This Option shall continue in force from the date below until _____, and at any time within that period Optionee shall have the right to exercise the Option by giving the Optionor notice, either in person or by letter mailed to the address given below. At any tim e within that period, Optionee, its agents, assigns or contractors may enter on the land described above, of the Optionor, for the purpose of making surveys and performing other work for the purpose of obtaining information to be used in exercising the rights described in this Option, without be ing deemed to have exercised the Option. If the Optionee shall elect to exercise t his Option, the Page 2 of 2 Optionor agrees that at that time as the Optionee shall designate, they will execute and deliver to Optionee, a properly executed instrument of conveyance in the form attached as Exhibit “A.” The terms, conditions, and provisions of this Option shall extend to and be binding on the heirs, executors, administrators, personal representatives, successors, assigns, lessees and age nts of Optionor and Optionee. Date: Optionor Optionee (Acknowledgments) Exhibit “A”: Form of conveyance.

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