Greenwich Township, Berks County

"i. The PSES owner and operator shall, at its expense, complete decommissioning of the PSES within six (6) months after the end of its useful life or the useful life of the panel(s), whichever comes first. The PSES and panels are presumed no longer useful when either fails to generate electricity for a continuous period of six (6) month;" "iv. An independent, certified professional engineer licensed to practice in the Commonwealth of Pennsylvania shall be retained to estimate the total cost of decommissioning (the "Decommissioning Costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (the "Net Decommissioning Costs"). Said estimates shall be submitted to the Township prior to final approval of the Land Development Plan, and after the first year of operation and every fifth year thereafter; v. The PSES owner or operator shall post and maintain Financial Security for Decommissioning in an amount equal to Net Decommissioning Costs (the "Financial Security for Decommissioning") before or contemporaneous with the Township's final approval of the Land Development Plan. At no point thereafter shall the Financial Security for Decommissioning be less than twenty-five percent (25%) of Decommissioning Costs. The funds for the Financial Security for Decommissioning shall be posted and maintained with a bonding company, or Federal or Commonwealth chartered lending institution chosen by the PSES owner, operator, or participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by the Township; vi. The Financial Security for Decommissioning may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township; vii. If the PSES owner or operator fails to complete decommissioning within the prescribed period, then the landowner shall have six (6) months to complete decommissioning; viii. If neither the PSES owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then the Township may take such measures as necessary to complete decommissioning through the use of the Financial Security for Decommissioning provided by the PSES owner or operator. The entry into and submission of evidence of a Participating Landowner Agreement to the Township shall constitute consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan at the sole expense of the PSES owner, operator, and landowner; and ix. The escrow agent shall only release the Financial Security for Decommissioning to the PSES owner or operator when such individual(s) demonstrated, and the municipality concurs, that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan."