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<br />()O'2.S <br /> <br />The Grantee shall protect; the scenic aesthetic values and <br />the fish and wildlife habitat values of the area under this <br />easement, and the adjacent land, as far as possible, during <br />construction, operation, and maintenance of the improvements. <br /> <br />e. The Grantee shall be responsible for the prevention and <br />control of soil erosion and gullying on lands covered by <br />this easement and adjacent thereto, resulting from the <br />operation or maintenance of the authorized use. The Grantee <br />shall so operate and main~ain the improvements to avoid the <br />accumulation of excessive heads of water and to avoid <br />encroachment on streams. 'The Grantee shall revegetate all <br />ground where the soil has been exposed and shall construct <br />and maintain terracing, water bars, lead-off ditches, or <br />other preventive works that may be requi red to prevent and <br />control erosion within one growing season or as prescribed <br />by the District Ranger. <br /> <br />d. <br /> <br />15. The Grantor, in addition to i~s other rights not specifically <br />enumerated herein, reserves the right of occupancy and use for <br />itself, its permittees, cont~actors, and the public without <br />charge and without the consent of the Grantee, to any part of <br />this arant across land of the United States within the exterior <br />boundaries of said National Forest including the right to grant <br />additional easements or permits ,for compatible purposes on, over, <br />under, or adjacent hereto when ~ot inconsistent with the enjoy- <br />ment of said grant by the applicant. It is further understood <br />that management of the surfac~ of the grant above the tunnel s <br />authorized by this easement shall remain with the United States <br />as long as such management does not interfere with the Grantee's <br />use of the area. <br /> <br />16. The Grantee shall take reasonable action, both independently and <br />on request of any duly authorized representative of the United <br />States, to prevent and suppress! fires on or near the lands to be <br />occupied under this grant, including making available such <br />construction and maintenance forces and equipment as may be <br />reasonably obtainable for the s~ppression of such fires. Unless <br />the origi n or spread of the fi;re is determi ned to be caused by <br />the intentional or negligent actions of the Grantee or its agents, <br />the Grantee shall be enti tl ed to payment for such servi ces at <br />those rates then prevailing in the Forest Service for services of <br />a similar character. <br /> <br />17. The Grantee shall be held liable for all injury, loss, or damage, <br />directly or indirectly resulting from or caused by the Grantee's <br />use and occupancy of the area cqvered by the grant, regardless of <br />whether the Grantee is negligent or otherwise at fault, provided <br />that the maximum liability without fault shall not exceed <br />$500,000 for anyone occurrence and provided further that the <br />Grantee shall not be liable when such injury, loss, or damage <br />results wholly, or in part, from the negligent act of the United <br />States, or an act of a third party not involving the facilities <br />of the Grantee. <br /> <br />6 <br />