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Endorsement 36.3-06
Energy Project – Leasehold – Loan
Adopted 04-02-12

ENDORSEMENT
Attached to Policy No. __________
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. The insurance provided by this endorsement is 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 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
SAMPLE
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. “Evicted” or “Eviction” means (a) the lawful deprivation, in whole or in part, of the right of possession insured by this policy, contrary to the terms
of any Lease or (b) the lawful prevention of the use of the Land or any Electricity Facility or Severable Improvement for the purposes permitted by
the Lease, in either case as a result of a matter covered by this policy.
d. “Lease” means each lease described in Schedule A.
e. “Leasehold Estate” means the right of possession granted in the Lease for the Lease Term.
f. “Lease Term” means the duration of the Leasehold Estate, as set forth in the Lease, including any renewal or extended term if a valid option to
renew or extend is contained in the Lease.
g. “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.
h. “Remaining Term” means the portion of the Lease Term remaining after the Insured has been Evicted.
i. ”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 (a)
of its character and manner of attachment to the Land and (b) the property can be severed from the Land without causing material damage to
the property or to the Land.
j. “Tenant” means the tenant under the Lease and, after acquisition of all or any part of the Title in accordance with the provisions of Section 2 of
the Conditions of the policy, the Insured Claimant.

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 Eviction, then, as to that portion
of the Land from which the Tenant is Evicted, that value shall consist of (i) the value of (A) the Leasehold Estate for the Remaining Term, (B) any
Electricity Facility existing on the date of the Eviction, and, if applicable, (ii) any reduction in value of another insured Lease as computed in
Section 3(b) below.
b. A computation of loss or damage resulting from an Eviction 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 Evicted.
c. The Insured Claimant shall have the right to have the Leasehold Estate and any Electricity Facility affected by a defect insured against by the
policy valued either as a whole or separately. In either event, this determination of value shall take into account any rent no longer required to be
paid for the Remaining Term.
d. The provisions of this Section 3 shall not diminish the Insured’s rights under any other endorsement to the policy; however, the calculation of loss
or damage pursuant to this endorsement shall not allow duplication of recovery for loss or damage calculated pursuant to Section 8 of the
Conditions or any other endorsement to the policy.

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