Page 130 - ALTA Endorsements Guide

A L T A E N D O R S E M E N T

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ALTA ENDORSEMENT 36.7-06

ENERGY PROJECT – FEE ESTATE – OWNER’S POLICY

Adopted (12-1-14)

1. The insurance provided by this endorsement is (a) only effective for the parcel or those parcels of the
Land as to which the Title is fee simple and (b) subject to the exclusions in Section 6 of this endorsement
and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the
Conditions in the policy.

2. For purposes of this endorsement only:
(a) “Constituent Parcel” means one of the parcels of Land described in Schedule A that
together with any other parcel or parcels of Land described in Schedule A constitute one
integrated project.
(b) “Electricity Facility” means an electricity generating facility which may include one or more
of the following: a substation; a transmission, distribution or collector line; an
interconnection, inverter, transformer, generator, turbine, array, solar panel, or module; a
circuit breaker, footing, tower, pole, cross-arm, guy line, anchor, wire, control system,
communications or radio relay system, safety protection facility, road, and other building,
structure, fixture, machinery, equipment, appliance, and item associated with or incidental
to the generation, conversion, storage, switching, metering, step-up, step-down, inversion,
transmission, conducting, wheeling, sale, or other use or conveyance of electricity, on the
Land at Date of Policy or to be built or constructed on the Land in the locations according
to the Plans, that by law constitutes real property.
(c) “Ejected” or “Ejection” means (i) the lawful divestment, in whole or in part, of the Title to the
Land or (ii) the lawful prevention of the use of the Land or any Electricity Facility or
Severable Improvement, as applicable, in either case as a result of a matter covered by
this policy.
(d) “Plans” means the survey, site and elevation plans or other depictions or drawings
prepared by (insert name of architect or engineer) dated ________, last revised _______,
designated as (insert name of project or project number) consisting of _____ sheets.
(e) ”Severable Improvement” means property affixed to the Land at Date of Policy or to be
affixed in the locations according to the Plans, that would constitute an Electricity Facility
but for its characterization as personal property, and that by law does not constitute real
property because (i) of its character and manner of attachment to the Land and (ii) the
property can be severed from the Land without causing material damage to the property
or to the Land.

3. Valuation of Title as an integrated project:
(a) If in computing loss or damage it becomes necessary to value the Title, or any portion of
it, as the result of an Ejection, then, as to that portion of the Land from which the Insured
is Ejected, that value shall consist of (i) the value of the fee estate including any Electricity
Facility existing on the date of the Ejection, and, if applicable, (ii) any reduction in value of
another insured Constituent Parcel as computed in Section 3(b) below.
(b) A computation of loss or damage resulting from an Ejection affecting any Constituent
Parcel shall include loss or damage to the integrated project caused by the covered matter
affecting the Constituent Parcel from which the Insured is Ejected.
(c) The Insured Claimant shall have the right to have the fee estate, any Constituent Parcel,
and any Electricity Facility affected by a defect insured against by this policy valued either
as a whole or separately.

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