2023-17 Ordinance Authorizing Negotiation and Execution of Negotiated Easement with Archer-Daniels-Midland Company for the Underground Injection and Sequestration of CO2

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with, or incidental to, the Grantee's sequestration and storage of CO2; and to exclusively use and occupy the Storage Complex. The grant of the right to inject CO2 into the Storage Complex shall be for a term of ninety-nine years and may only be revoked by the Grantor upon written notice to the Grantee if a permitting agency terminates the Grantee's applicable injection well permit(s) or a finding by a permitting agency, a federal court or tribunal or a state court or tribunal that there has been a violation that adversely affects safe, long-term storage of CO2. Upon any termination or expiration of this easement, Grantor agrees and acknowledges that CO2 and CO2 streams will remain beneath Grantor's Land in perpetuity and cannot be removed or mitigated. The Grantor shall not, and shall not permit any other person or entity to, conduct any activity, including, but not limited to, drilling, extraction or other similar activities, in the subsurface of the Grantor's Land deeper than 3,000 feet below the surface of Grantor's Land that would interfere in any way with Grantee's use of Grantor's Land and the rights granted to Grantee hereunder or could cause the release of CO2 permanently sequestered in the Storage Complex. Without limiting the generality of the foregoing, the Grantor shall not, and shall not permit any other person or entity to,conduct any drilling, extraction or other activities that penetrate the confining layer at the top of the Storage Complex. The rights granted to the Grantee hereunder shall be enjoyed solely by underground access from other lands, including,without limitation, by migration of CO2 and CO2 streams injected or otherwise introduced beneath other lands into the Storage Complex, and shall not involve the use of the surface of Grantor's Land, unless otherwise agreed to by Grantor and Grantee and memorialized in a separate instrument. The rights granted to Grantee hereunder shall not be deemed to be a grant of any mineral rights owned by the Grantor. As consideration for Grantor's agreements set forth in this Easement, the Grantee agrees to pay to Grantor the sum of Four Hundred Fifty($450.00)per acre of Grantor's Land under which Grantee injects streams, sequesters, maintains, uses or otherwise occupies the Storage Complex and to reimburse Grantor for reasonable attorney's fees incurred in negotiating this Easement not to exceed the sum of Ten Thousand Dollars ($10,000.00). The Grantor agrees to execute, after good faith negotiation, such further documents and instruments as may be reasonably requested or required to allow the Grantee full use and enjoyment of the easement and right-of-way conveyed by this instrument. Grantor hereby expressly releases and waives all rights and benefits of the homestead exemption laws of the State of Illinois solely as to the rights granted to Grantee pursuant to this instrument. All other rights and benefits of the homestead exemption laws of the State of Illinois other than with respect to this instrument are expressly reserved. Subject to any applicable law that transfers liability or indemnification for CO2 sequestration activities to a governmental entity upon closure or certification of completion of a CO2 sequestration project involving the Storage Complex, Grantee hereby releases and discharges Grantor from and shall indemnify and save Grantor harmless from and against any and all claims, liability, damages,penalties for violations of laws or regulations, costs and 2 Classification:Confidential