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2 of 4 West Quarter-section corner thereof; thence continuing on the same course a distance of two thousand six hundred twenty-five and eight-tenths (2625.8) feet to a stake on the West line of Section Thirty-three (33), three hundred sixty-three and eight-tenths (363.8) feet north of the Southwest corner thereof; Excepting therefrom, that part of said fifty (50) foot strip of land lying north of the Soo Line Railway Company Right-of-Way, all in the Southeast Quarter (SE¼) of Section Twenty-eight (28), Township Thirty (30) North, Range Twenty-three (23) West. WHEREAS, Requestor has applied to Xcel Energy for permission to use a portion of the Easement for Public Utilities purposes, hereinafter reffered to as (the “Easement Area”). The Easement Area affected by this Consent is shown on Exhibit “B”, attached hereto. NOW THEREFORE, in consideration of the promises exchanged herein, the parties for themselves and their respective successors and assigns agree as follows: 1. Xcel Energy consents to Requestor’s use of the Easement Area for the purposes described in Exhibit “A”, attached hereto and made a part hereof, subject to Requestor’s strict compliance with the terms set forth herein. 2. The Requestor acknowledges that it has inspected the Easement Area and determined it to be suitable for the uses described in Paragraph 1 above. Requestor agrees that it is not relying on any oral or written representation of Xcel Energy concerning the Easement Area (including but not limited to dimensions, soil conditions, environmental conditions, and municipal restrictions, or use by adjoining or third parties). 3. No future work shall be conducted on the Easement Area until Requestor has received written approval from Xcel Energy. As a condition to approval, Requestor shall submit detailed plans of the work and a description of work procedures. Xcel Energy’s approval of any work or work procedures merely indicates its consent to the proposed activities and does not constitute a representation or warranty concerning the suitability, prudency, effectiveness, or propriety of the proposed activities. 4. Requestor agrees that within thirty (30) days of Xcel Energy’s submittal of an invoice, Requestor shall reimburse Xcel Energy for its reasonable expenses to review any request for work (including but not limited to costs for administrative review, engineering and field inspection). 5. Prior to commencing work, Requestor shall designate a representative who will supervise the work, be present during all work, and be authorized to control and, if necessary, suspend the work. 6. Requestor shall immediately suspend its work if requested by Xcel Energy. If suspension is required due to Requestor’s failure to strictly comply with the terms of this Consent, upon such suspension the parties shall consult in an effort to cure such noncompliance so that the Requestor may resume its activities. 7. Requestor shall not at any time use or store any pollutant or hazardous material within the Easement Area, and shall at all times maintain the Easement Area in a safe and lawful condition. 8. Requestor shall, at its sole cost and risk, obtain all permits, consents or approvals required for its occupancy and use of the Easement Area. Upon Xcel Energy’s request, Requestor shall provide evidence reasonably satisfactory to Xcel Energy that all required consents or permits are in force for Requestor’s use of the Easement Area. 9. As part of Xcel Energy’s business operations, Xcel Energy shall have the right, at any time and without liability or compensation to Requestor, to use the Easement Area to install, use, repair, maintain, relocate or remove facilities that presently exist or may in the future be located within the Easement Area.