Page 247 - ALTA Endorsements Guide

ALTA ENDORSEMENT RETURN TO TABLE OF CONTENTS

Endorsement 36.9
Energy Project — Minerals and Other Subsurface Substances — Land Under Development
[2021 v. 01.00 (01-02-2025)]

ALTA 36.9 ENDORSEMENT — ENERGY PROJECT — MINERALS AND OTHER SUBSURFACE SUBSTANCES — LAND UNDER DEVELOPMENT
Attached to Policy No. __________
Issued by
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. The insurance provided by this endorsement is subject to the exclusion in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions
SAMPLE
from Coverage contained in Schedule B, and the Conditions in the policy.
2. For purposes of this endorsement only:
a. “Electricity Facility” means an electricity generating facility that 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.
b. “Plans” means the survey, site and elevation plans or other depictions or drawings prepared by [Drafting Instruction: insert name of architect or
engineer] dated __________, last revised ____________, designated as [Drafting Instruction: insert name of project or project number]
consisting of ______ sheets.
c. “Severable Improvement” means property affixed to the Land at Date of Policy or to be affixed to the Land 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.

3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or alteration of an Electricity Facility or a
Severable Improvement, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or
development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B.

4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees, or expenses) resulting from:
a. contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence; [or]
b. negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface substances[; or
c. the exercise of the rights described in ______________]. [Drafting Instruction: identify the interest excepted from the description of the Land in
Schedule A or excepted in Schedule B that you intend to exclude from this coverage.]

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.

[Witness clause]

OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

By: ______________________________
[Authorized Signatory]

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