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(e)Following completion of construction or maintenance of the Improvements,Brannan,at its sole <br /> expense, will promptly restore the Easement Property to its original condition, or as close <br /> thereto as possible,except as necessarily modified to accommodate the Improvements. <br /> (f) Brannan agrees that at such time and in the event that the Improvements,Perpetual Easement <br /> or Temporary Easement described herein are abandoned by Brannan or its successors and/or <br /> assigns, this Agreement will terminate automatically and all real property easement interests <br /> represented by the Perpetual Easement and Temporary Easement in this Agreement will revert <br /> to the Grantor,its heirs,successors and/or assigns. Non-use of the Perpetual Easement or.the <br /> Improvements shall not constitute abandonment of Brannan's rights under this Agreement, <br /> unless such non-use shall continue for 18 consecutive years and thereafter such non-use will be <br /> deemed an abandonment and all right,title and interest of Brannan under this Agreement will <br /> automatically revert to the Grantor or its successors. <br /> 4. Au h rit .The Grantor covenants and agrees with Brannan that the Grantor has full power and <br /> lawful authority to grant, bargain, sell and convey the Perpetual Easement and the Temporary <br /> Easement, and that the Easement Property is free and clear from all former and other grants, <br /> bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or <br /> nature,except matters of record as of the Effective Date.The Grantor further promises and agrees <br /> to warrant and forever defend Brannan in the exercise of Brannan's rights hereunder against any <br /> defect in the Grantor's title to the Easement Property and the Grantor's right to make the grant <br /> herein described, except those matters of record as of the Effective Date. In addition, Brannan <br /> warrants that it has the full power and authority to enter into this Agreement. <br /> 5. Covenants Run with the Land.Each and every one of the benefits and burdens of,and rights,and <br /> responsibilities set forth in, this Agreement are intended to and shall run with the land for the <br /> benefit of Brannan Pit #29, and shall inure to and be binding upon the respective legal <br /> representatives,administrators,successors and assigns of the Grantor and Brannan. <br /> 6. Grantor Obligations and Rights. The Grantor, its successors and assigns, shall not grant further <br /> easement interests in the Easement Property to other grantees without the express written consent <br /> of Brannan, such consent not to be unreasonably withheld, conditioned or delayed. Brannan <br /> hereby agrees that the Grantor shall retain the right of access to the Easement Property so long as <br /> such access does not interfere with the Improvements or any appurtenances thereto, or interfere <br /> with the rights granted to Brannan by this Agreement. <br /> 7. No Dedication.Nothing contained herein shall be deemed to be a grant or dedication of any rights <br /> or use to the public in general. <br /> 8. Attomey's Fees. If either the Grantor or Brannan takes legal action against the other in order to <br /> enforce or interpret the terms of this Agreement, the Party in whose favor final judgment is <br /> entered will be entitled to recover from the other Party any reasonable legal expenses incurred in <br /> the preparation,prosecution or appeal thereof,including costs and reasonable attorneys'fees. <br /> 9. Counterparts.This Agreement may be executed in counterparts,each of which shall be deemed a <br /> duplicate original.Faxed nr e-mailed signatures-hall he effective for purposes of executing this <br /> 9841642 <br /> Agreement. R �• <br /> � �Q <br /> �� � <br /> 1��6 <br />