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1. Removed by Grantee without damage to the Premises; or <br /> 2. Sold by Grantee to a subsequent grantee of the Premises. <br /> If Facilities are removed, Grantee shalt comply with the provisions of this Section XI. <br /> B. All Facilities, unauthorized improvements and/or personal property not so removed or sold within <br /> one-hundred twenty (120) days after termination of this Contract shall be deemed abandoned and <br /> may, at the State Land Board's option, be removed by the State Land Board at the Grantee's expense <br /> in accordance with this Section XI, retained by the State Land Board for use by subsequent grantees, <br /> or sold by the State Land Board with all proceeds going to the State Land Board. <br /> C. Grantee shalt not be entitled to compensation for, or to sell or remove, any Facilities and/or <br /> unauthorized improvements when the Contract is terminated by the State Land Board for violation by <br /> the Grantee of the Contract provisions. At the State Land Board's option, the Facilities, unauthorized <br /> improvements and/or personal property on the Premises shall be removed by the State Land Board at <br /> the Grantee's expense in accordance with this Section XI, retained by the State Land Board for use by <br /> subsequent grantees, or sold by the State Land Board with all proceeds going to the State Land Board. <br /> D. Upon expiration or termination of this Contract, the Grantee shall peaceably and quietly leave, <br /> and surrender possession of the Premises to the State Land Board in accordance with this Section XI, <br /> and at its own expense shall promptly and diligently within one-hundred twenty (120) days remove, <br /> demolish and/or clear off from the Premises at[ Facilities, unauthorized improvements and personal <br /> property and restore the Premises to its original or native vegetative condition or to such other <br /> conditions as may be approved by the State Land Board regardless of whether the Grantee has funds <br /> budgeted and allocated for the removal and restoration. The State Land Board can seek <br /> reimbursement from Grantee for any costs associated with removing and disposing of any property, <br /> improvements, or Facilities remaining on the Premises after one-hundred twenty (120) days following <br /> termination of this Contract. <br /> E. Notwithstanding any provisions to the contrary, the Grantee shalt have no right to remove, alter <br /> or demolish all or part of the Grantee's Facilities at any time the Grantee is in default or breach of any <br /> term, provision or covenant of this Contract. <br /> XII. NO PARTNERSHIP <br /> Nothing in this Contract shall cause the State Land Board in any way to be construed as a partner, a joint <br /> venturer or associated in any way with the Grantee in the operation of the Premises, or subject the State <br /> Land Board to any obligation, toss, charge or expense connected with or arising from the operation or use <br /> of the Premises or any part thereof. <br /> XIII. MAINTENANCE AND REPAIR <br /> The State Land Board shall have no duty of maintenance or repair with respect to the Premises or Facilities <br /> constructed thereon. The Grantee shall keep and maintain the Premises and Facilities thereon in constant <br /> good order and repair in the same condition as when initially constructed, ordinary wear and tear <br /> excepted. All repairs made by the Grantee shalt be at least equal in quality to the original Facilities. <br /> During the Term, the Grantee shall provide continued maintenance of the area disturbed by the Facilities, <br /> to maintain the integrity of the installation. <br /> XIV. DAMAGE OR DESTRUCTION <br /> In case of damage to or destruction of the Facilities and/or Premises or any part thereof, by any cause <br /> whatever, the Grantee shall give or cause to be given to the State Land Board prompt notice of such <br /> occurrence and shall promptly proceed with due diligence to repair, restore, replace or rebuild so as to <br /> make the Premises and Facilities at least equal in quality to the original Facilities, restore the same to <br /> such modified plans as shalt be previously approved in writing by the State Land Board, or remove all <br /> Facilities and restore the Premises to a native vegetative condition. <br /> ROW 113070 Page 5 of 16 Revised DOL_20180717 <br />