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<br />~ <br /> <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 />The Grantee agrees that all excavations or other temporary <br />removal of soil as required for the proper maintenance of this <br />Easement and for construction of the Project shall be properly re- <br />placed, and that the Easement shall be, as nearly as possible, <br />restored and maintained in its original configuration and with <br />similar vegetation. Grantee shall also insure that the property <br />subject to this Easement is left in a configuration satisfactory <br />to, and in compliance with, the Channelization Project design plans <br />and specifications prepared by the Corps. Grantee shall be <br />responsible at all times for the immediate repair or replacement <br />of, or reimbursement for any damage to, the properties due to the <br />use of the Easement. Routes of ingress and egress for construction <br />of the Project shall be limited to the minimum necessary locations, <br />and all work areas created by the Grantee on the Easement property <br />for construction purposes must be obliterated, protected against <br />erosion, and restored to the former condition of the Easement <br />property, as nearly as possible. The Grantor shall determine, in <br />its sole discretion, whether the Grantee's restoration complies <br />with this paragraph. In the event the Grantee fails to perform the <br />restorative or revegetative work required by this paragraph to the <br />sole satisfaction of the Grantor, and after thirty (30) days prior <br />written notice specifying with particularity the failure and <br />indicating the remedial steps needed to cure same, the Grantor <br />shall be allowed to perform said work and the Grantee shall pay <br />within thirty (30) days all direct and indirect costs incurred by <br />the Grantor for restorative or revegetative work including, but not <br />limited to, regrading, filling, revegetation, erosion control, and <br />replacing of soil. <br /> <br />The Grantee understands and agrees that its facilities are <br />subject to damage and total loss without liability accruing to the <br />Grantor as a result of flooding, as the result of the maintenance <br />and operation of the Channelization Project, or as a result of <br />emergency or repair operations to and in the Channelization Project <br />by the Grantor, the Grantor's designees, or the Corps. <br /> <br />Page 2 of 6 pages <br />