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21. The Grantor shall have unrestricted use of the granted right -of -way
<br />and any road constructed thereon for all purposes deemed necessary
<br />or desirable in connection with the protection, administration,
<br />management, and utilization of Federal lands or resources; and shall
<br />have the right alone to extend rights and privileges for use of the
<br />right -of -way and road thereon to States and local subdivisions
<br />thereof, and to other users including members of the public, except
<br />users of land or resources owned or controlled by the Grantee:
<br />Provided, That such.use,shall be- controlled by the Forest Service so
<br />as not unreasonably to interfere with use of the right -of -way or road
<br />by the Grantee or cause the Grantee to bear a share of the oast of
<br />maintenance greater than the Grantee's use bears to all use of the
<br />road.
<br />22. Grantee shall provide maintenance made necessary by his use of any
<br />roads constructed under this easement.
<br />23. The Grantee will grant without charge, road rights -of -way, satis-
<br />factory - to the Forest Service across lands owned by the Grantee,
<br />for those Forest Development bads relocated as a result of
<br />construction of Rob Roy Reservoir. Grantee shall also provide Grantor
<br />with a surface management easement for its private lands above the high
<br />waterline at Rob Roy Reservoir.
<br />24. The Grantee, in the exercise of the privileges granted by this easement,
<br />shall require that its employees, sublessees, contractors, subcontractors,
<br />or renters and their employees comply with all applicable conditions of
<br />this easement and that the conditions of this easement be made a part of
<br />all subleases, contracts, subcontracts, or rental agreements.
<br />25. The Grantee shall take such soil and resource conservation and
<br />protection measures, including weed control, on the land covered by
<br />this grant as the Grantor may request.
<br />26. All activities under this easement shall be subject to provisions
<br />of the "Memrandum of Understanding Among the State of Wyoming
<br />Historic Preservtion Officer, the Forest Service U.S.D.A., and the
<br />City of Cheyenne Board of Public Utilities" regarding cultural
<br />resources and signed by Donald L. Pollens, Forest Supervisor on
<br />May 10, 1982.
<br />27. The Grantee shall not use chemical materials to control undesirable
<br />weedy and herbaceous vegetation, aquatic plants, insects, rodents,
<br />fish and other pests without prior approval of the Grantor.
<br />28. The , grantee shall protect the scenic aesthetic values and the fish
<br />and wildlife habitat values of the area under this easement, and
<br />the adjacent land, during operations and maintenance of the
<br />authorized use.
<br />29. The Grantee shall take action, both independently and on request of
<br />any duly authorized representative of the United States, to prevent
<br />and suppress fires on or near the lands to be occupied under this grant,
<br />including making available such maintenance forces and equipment as may be
<br />reasonably obtainable for the suppression of such fires.
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<br />30. The Grantee shall be held liable for all injury, loss, or damage,
<br />including fire suppression costs, directly or indirectly-resulting-
<br />frcm or caused by the Grantee's use and occupancy of the area covered by
<br />the easement, regardless of whether the Grantee is negligent or otherwise
<br />at fault, provided that the maximum liability without fault shall not
<br />exceed $1,000,000 for any one occurrence and provided further that the
<br />Grantee shall not be liable when such injury, loss,-or damage results
<br />wholly, or in part, from a negligent act of the United States, or an act
<br />of a third party not involving the facilities of the Grantee.
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