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<br />.." '. <br /> <br />The Grantor grants this Easement upon the express condition <br />that the estate herein granted shall endure only so long as the <br />Grantee utilizes the Easement for the sole purposes of ownership, <br />operation and maintenance by the Grantee of the Project. In the <br />event that any of the land covered by this Easement is used by the <br />Grantee for any purpose other than the specific uses identified <br />herein, then all of the Grantee's right, title and interest in and <br />to the above described property shall become null and void, and the <br />lands and premises shall absolutely revert to and revest in the <br />Grantor as fully and completely as if this instrument had not been <br />executed, without the necessity for suit or re-entry; and no act or <br />omission on the part of any beneficiary of this clause shall be a <br />waiver of the operation or enforcement of such clause. <br /> <br />This Easement shall include the right of the Grantee to enter <br />onto the Grantor's property for the maintenance of the Project. <br />Provided however, that upon the non-renewal, abandonment or <br />termination of any of the Grantee's rights or privileges under this <br />Easement, the Grantee's rights to that extent shall terminate. <br />However, the Grantee's obligations to indemnify and hold harmless <br />the Grantor, as more fully set forth below, shall not be <br />terminated. <br /> <br />The Grantor and the Grantee expressly covenant and agree that <br />the terms and conditions of the Easement granted herein shall be in <br />compliance with and subordinate to the terms of the September 7, <br />1977 and January 29, 1980 Agreements between the United States Army <br />Corps of Engineers (hereinafter "Corps"), attached hereto and <br />incorporated herein as Exhibits and (hereinafter <br />"Agreements"). This covenant and agreement include but are not <br />limited to the maintenance and operational requirements on the <br />Grantor and its designees under those Agreements and the necessity <br />for the Grantor and its designees to have unlimited access to the <br />lands covered by this Easement to perform all necessary activities. <br />Therefore, the Grantee shall never lock out the Grantor, its <br />designees or the Corps from the proj ect. Violation of this <br />provision may be grounds for the Grantor to immediately terminate <br />this Easement. Further, the Grantee shall cooperate with the <br />Grantor and its designees in the performance of its maintenance and <br />operational requirements. <br /> <br />During the term of this Easement, the Grantor shall have the <br />right to dispose of the land or to use the same for other purposes <br />subject to the rights and privileges herein granted to the Grantee. <br />This Easement shall be nonexclusive and subject to any prior <br />easements granted by the Grantor to third parties, and to all prior <br />easements of record whether granted by Grantor or a previous owner. <br />The Grantee expressly agrees to subordinate this Easement to all <br />prior easements within the Project granted by the Grantor. The <br />Grantor reserves the right to grant additional easements to third <br />parties, provided that said easements do not materially interfere <br />with the Easement granted herein. The Grantee agrees to share this <br /> <br />Page 2 of 7 pages <br />