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times of the year, including at times other than the Harvesting Season and following <br /> termination of this Agreement and expiration or termination of Grantee's Permits. ' <br /> 2. Darien Access Road Shall Not Be Reclaimed After Termination of Agreement, <br /> The parties intend and agree that following construction and after termination of this Agreement, <br /> the Darien Access Road shall be left as an improvement on the Property, and Grantee shall have <br /> no continuing obligation to maintain the Darien Access Road. <br /> 3. Shared Use of the Darien Access Road. Grantor and Grantee and their respective <br /> agents, employees, subcontractors, and invitees shall each be entitled to the use of the Darien <br /> Access Road and neither shall unreasonably interfere with the other's use, <br /> t <br /> 4. Construction of the Proposed Darien Access Road, Staging Area, USFS Access <br /> Road and Preconditions to Construction. The proposed alignment of the Darien Access Road <br /> shall be staked and approved by Grantor prior to the road being constricted and,in the discretion <br /> of Grantee, may include an additional 30 to 50 foot set back of the existing gate from County <br /> Road 3, however, before Grantee is required to construct the Darien Access Road, Staging <br /> Area, and USFS Access Road, which the parties agree may occur during calendar year 2018,the <br /> following conditions must have occurred: <br /> (a) Grantee must have determined to its satisfaction that construction of the <br /> proposed Darien Access Road, the Staging Area, and the USFS Access Road is feasible <br /> from both an economic and engineering perspective and that it is in Grantee's interest to <br /> proceed with such construction; <br /> (b) Grantee must have received approval from the AGA for the construction <br /> and use of the proposed Darien Access Road, Staging Area, and the USFS Access Road <br /> for ingress and egress to and from the Conger Harvesting Area for Grantee's harvesting <br /> operations including but not limited to harvesting area preparation and or reclamation, <br /> harvesting of stone and hauling harvested stone from the Conger Harvesting Area and for <br /> the proposed harvesting related operations at the Staging Area;and j <br /> (c) Grantee must not have experienced a loss or diminishment of any of its <br /> rights under the Permits described herein,as currently existing or as amended. <br /> 5. Term of the Agreement. This Agreement and the Easement it conveys shall <br /> remain in full force and effect until October 31,2028, subject to Grantee's exercise of options to <br /> renew the Agreement and Easement for two successive five-year periods. Notice of Grantee's <br /> intent to exercise the first five-year option period must be given to Grantor on or before October <br /> 31, 2028. Notice of Grantee's intent to exercise the second five-year option period must be <br /> given to Grantor on or before October 31, 2033. Notwithstanding the expiration of the term of <br /> this Agreement and the Easement, including the expiration or non-exercise of either option <br /> period, Grantee shall be entitled to continued ingress and egress across the Darien Access Road <br /> to the Conger Harvesting Area for the purpose of fulfilling its reclamation obligations tinder its <br /> existing or amended Permits, as well as for purposes of affording the AGA inspection of the <br /> Grantee's reclamation efforts or compliance with any of the Permits' requirements. <br />