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Other restoration conditions: IHC Scott will regrade any area damaged during use
<br /> Grantor expressly acknowledges that the condition of the Property will not be left in the exact and precise condition
<br /> as existed prior to Grantee's use, however, Grantee warrants that it will return the Property to the Grantor in its
<br /> approximate pre-existing condition, subject to Grantor's approval and the specific requirements as stated herein.
<br /> Grantor agrees to provide to the Grantee,within seven(7)days of notification of completion of restoration,and upon
<br /> the Grantor's approval of such restoration,execution of the Property Use Agreement Release attached hereto,releasing
<br /> Grantee from further responsibilities to restore the Property. Grantor shall not unreasonably withhold such written
<br /> release, in the event Grantee has fulfilled all the specific obligations of restoration as stated herein. Any refusal by
<br /> Grantor to execute said release must be in writing and must state with specificity the deficiencies of performance of
<br /> Grantee's obligations under this Agreement. In the case of such event, Grantor agrees to provide such deficiency
<br /> notice within the notification period as stated above(7 days). If said notice is not received within such period,Grantor
<br /> waives any right to further restoration of the property and accordingly releases all future claims against the Grantee
<br /> under this Agreement.
<br /> Nothing herein shall be construed to require the Grantee to pay Grantor or any other party or parties for loss of use of
<br /> the property during the term of this Agreement or thereafter,except as provided for by consideration described herein.
<br /> Grantor covenants and agrees that no building, structure, or other above or below ground obstruction which may
<br /> interfere with Grantee's use of the property will be placed, erected, installed, or permitted upon the property during
<br /> the term of this Agreement. Grantor further covenants and agrees that Grantor will correct or eliminate any
<br /> interference with Grantee's use within 24 hours of receipt of notice from Grantee that such interference exists. In the
<br /> event that the Grantor fails to so correct or eliminate such interference,Grantee shall have the right to take any and all
<br /> reasonable action to correct or eliminate such interference,and to charge the cost incurred therefore to Grantor.
<br /> So long as this Agreement shall remain in effect,Grantee shall, at no additional cost or expense to Grantor, keep and
<br /> maintain the property in a good and safe condition and free from waste not related to the contemplated use; and
<br /> Grantee shall bear all costs and expenses incurred for maintaining, repairing, or grading of any access road located
<br /> thereupon, including snow removal as and when required, so long as said costs and expenses are not necessary as a
<br /> result of the use of said roads by Grantor or third parties.
<br /> Grantee does hereby release and agree to indemnify and hold harmless Grantor from any liabilities, damages, costs,
<br /> and expenses which Grantor may suffer or be subjected to, by reason of permanent damage to the property not
<br /> contemplated herein,or death or injury which are due to or arise by reason of Grantee's actions hereunder.
<br /> No present or future division of Grantor's ownership as to different portions or parcels of the property shall operate
<br /> to enlarge the obligations or diminish the rights of the Grantee hereunder, and all of Grantee's activities hereunder
<br /> may be conducted without regard to any such division. Any subsequent sale,subdivision,sublease or any other change
<br /> in ownership or entitlement to the Property shall be immediately conveyed to the Grantee in writing. Grantor agrees
<br /> that upon anticipation of any subsequent transfer of ownership or other property rights to a third party,that the Grantor
<br /> shall inform such third party of the existence and provisions of this Agreement by providing a copy of this Agreement
<br /> to said third party. Any subsequent purchaser,owner,Lessee,or other entitled party of the subject Property takes said
<br /> Property subject only to the terms,conditions,and obligations of this Property Use Agreement.
<br /> This Agreement constitutes and provides for an easement which runs with the land, and shall be binding upon the
<br /> parties hereto,their respective heirs,successors,and assigns. This Agreement may be amended only upon the written
<br /> stipulation of the parties hereto. The entire Agreement of the parties is contained in this written Agreement, and all
<br /> other prior understandings or agreements, either written or oral, have either been incorporated herein or are of no
<br /> continuing force and effect.
<br /> In the event of any dispute arising out of or relating to this Agreement or a breach thereof,the parties hereto shall use
<br /> their best endeavors to settle such disputes. To this effect, they shall consult and negotiate with each other, in good
<br /> faith and understanding of their mutual interests,to reach a just and equitable solution satisfactory to both parties. If
<br /> a just and equitable solution is unable to be reached, then after either party provides thirty days written notice, the
<br /> parties must submit to binding arbitration in accordance with the Construction Industry rules of the American
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