Drain Tile Repair. Grantee shall make commercially reasonable repairs (including replacement of damaged tile as necessary) of any tile damage caused by Grantee’s construction or operation activities within the Easement Area. Grantee shall also pay crop damage for any crops damaged by flood due to broken tile which would not have occurred but for Grantee’s activities within the Easement Area and indemnify Owner against any third-party claims for any such flood damage. In the event that any such tile damage is not repaired by Grantee, Owner shall have up to 36 months from the date of alleged tile damage to identify such damaged area and substantiate that such tile damage was caused by Grantee’s activities. Underground electrical wires and cables shall be installed with a trencher to a depth not less than 42 inches below the natural surface of the ground and below any existing drain tile. All farm drainage tile which intersects the Grantee’s Underground Facilities shall be identified and repaired and/or replaced if damaged by Grantee, by a contractor qualified in farm drainage. Grantee agrees to conxxxx, xn good faith, with Owner regarding the repair and/or replacement of said drainage tile. Owner shall have the right to inspect all tile repairs and connections prior to backfill, provided Owner is immediately available to do so. If Owner is not available, Grantee’s contractor xxxxx xrovide Owner with digital photographs of the repair. Upon completion of the Wind Facilities and the commercial production of electricity from all of the Wind Facilities, Grantee shall provide Owner with i) a GPS coordinate reading of the location of such repaired or replaced tile and ii) an illustration depicting the location of all Underground Facilities within the Easement Area, as well as the intersection of all such Underground Facilities with the drainage tile system within the Easement Area. In the event that Owner’s activities within the Easement Area subsequent to installation of the Underground Facilities and the commercial production of electricity from all of the Wind Turbines constructed by Grantee on the Wind Farm Property shall require identification of the physical location of the Underground Facilities, Grantee agrees to arrxxxx xx do so, at no expense to Owner, within ten (10) business days of receiving the locate request.
Drain Tile Repair. Grantee shall be responsible for correcting any material problems with drain tiles caused by construction of the Project. Grantee shall hire an experienced, reputable drain tile contractor from the local area to perform drain tile repairs in a manner that meets industry standard and all state and local code requirements.
