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<br />-r ... <br /> <br />Easement, provided that the additional easements do not materially <br />interfere with the purposes for which the instant grant is made. <br /> <br />If the Grantee does not for a period of 366 consecutive days <br />make use of this Easement for the purposes specified herein, then <br />the Grantor may, in its sole discretion, immediately declare the <br />Easement abandoned and terminated and shall notify the Grantee of <br />the same by Certified Mail, Return Receipt Requested. <br /> <br />The Grantee expressly covenants and agrees that, in the event <br />of termination of this Easement, in the event that the Grantee <br />elects not to renew this Easement or no longer needs or desires <br />this Easement, or in the event that the Grantee constructs or has <br />constructed any facility (ies) not authorized by this Easement <br />and/or constructs or has constructed any such facility(ies) outside <br />of the boundaries of this Easement, the Grantor, at its sole <br />discretion, may require the removal, at the Grantee's sole expense, <br />of all such facilities from the property and may require the <br />Grantee to restore the property, as nearly as possible, to the <br />condition of the property existing immediately prior to the <br />Grantee's first use of the property, all to the Grantor's sole <br />satisfaction. Should the Grantor elect to require that the <br />facilities remain in place, those facilities shall be deeded to the <br />Grantor at no cost to the Grantor. <br /> <br />The Grantee agrees that all excavations or other temporary <br />removal of soil as required for the proper maintenance of this <br />Easement shall be properly replaced, and that the Easement shall <br />be, as nearly as possible, restored and maintained in its original <br />configuration and with similar vegetation. Grantee shall also <br />insure that the property subject to this Easement is left in a <br />configuration satisfactory to, and in compliance with, the <br />Channelization Project design plans and specifications prepared by <br />the Corps. Grantee shall be responsible at all times for the <br />immediate repair or replacement of, or reimbursement for any damage <br />to, the properties due to the use of the Easement. Routes of <br />ingress and egress for maintenance of the Project shall be limited <br />to the minimum necessary locations, and all work areas created by <br />the Grantee on the Easement property for maintenance purposes must <br />be obliterated, protected against erosion, and restored to the <br />former condition of the Easement property, as nearly as possible. <br />The Grantor shall determine, in its sole discretion, whether the <br />Grantee's restoration complies with this paragraph. In the event <br />the Grantee fails to perform the restorative or revegetative work <br />required by this paragraph to the sole satisfaction of the Grantor, <br />and after thirty (30) days prior written notice specifying with <br />particularity the failure and indicating the remedial steps needed <br />to cure same, the Grantor shall be allowed to perform said work and <br />the Grantee shall pay within thirty (30) days all direct and <br />indirect costs incurred by the Grantor for restorative or <br />revegetative work including, but not limited to, regrading, <br />filling, revegetation, erosion control, and replacing of soil. <br /> <br />Page 3 of 7 pages <br />