2013-03-05_REVISION - C1983059 (2)

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8, E:XTRAOHDINAPY MAINTENANCE OR REPAIR COSTS. THE LICENSEE AGREES THAT IF THE MAINTENANCE OR R£PAIR OF ANY OR ALL -PROJECT STRUCTURES A14D FACILITIES LOCATED ON SUCH LANDS SHOULD EE MADE MORE EXPENSEIVE BY REASOPt OF THE EXISTANCE OF ItIPROVEMENTS OR WOPKS OF LICENSEE THEkEON+ LICENSEE WILL PROMPTL -Y PAY TO THE UNITEO - STATE'S /OR THE MANAGING ENTITY • THEIR AGENTS OR ASSIGNS RESPON5I9LE FOW •,- kOJECT OPERATION ArX MAINTENANCE, THE FULL AMOUNT OF SUCH AonITIONAL EXPENSE UPON RECEIPT OF AN ITEMIZED MILL THEREFOR, 9. LICENSEE TO DEFEND TITLE. THE LICENSEE SHALL REIMhURSE THE UNITED STATES AND THE MANAGING ENTITY • FOR ALL COSTS AND EXPENSES INCURRc0 IN THE DEFENSE OF ANY ACTION: WHICH CHALLENGES THE LICENSEEIS USE OF PROJECT RIGHT —OF —WAY OP FACILITIES UNDER THIS LICENSE AGREEMENT. 10, INTERFERE14CE PPOHISITED. THE LICENSEE SHALL USE, OCCUPY-, AND MAINTAIN SAID FACILITIES WITH DUE CARE_ TO AVOID DAMAGE TO OR OBSTRUCTIO14 OF THE IRRIGATION AND f)RAINAGE FACILITIES OR OTHER STRUCTURES OF THE UNITED STATES, OR Ar -Y INTERFERENCE IN ANY WAY WITH THE OPERATION AND MAINTENANCE OF THE SAME. 11. TERM OF LICENSE — TERMINATI0N. THE UNITED STATES• 4T ITS OPTION. MAY TERMINATE THIS LICENSE AGPFF.:ENT FOR NOINUSE OF THE LICENSED LANDS PY THE LICENSEE FOP A PERIOD OF TWO (2) CONTINUOUS YEARS. Ii1 ANY EVENT THIS LICENSE SHALL EXPIRE FY LIMITATION AT THE END OF THE PERIOD RECITED IN ARTICLE 3H. ALL RIGHTS GRANTED TO T r LICENSEE UNDER THIS LICENSE AUREEMENT AFL SUBJECT TO TERMINATION N FAILURE OF LICENSEE TO COMPLY WITH THE TERMS OF THIS LICENSE AGREEMENT. 12. REtAOVAL OF FACILITIES. THE UNITED STATES WILL DETERMINE IF THE REMOVED UPON TERMINATION. IF THE UNITED FACILITY SHALL RE REMOVED, REMOVAL WILL AFTER TERMINATION• AND THE SITE WILL HE TO ITS ORIGINAL CONDITION. REMOVAL OF TI OF THE SITE WILL BE AT THE SULE EXPENSE 13. ASSIGNMENT OR TRANSFER?. LICENSEEIS FACILITIEc, WILL QE STATES DETEPA4[NES THAT THE BE MADE WITHIN THIRTY (30) !SAYS RESTOHEU AS NEARLY AS PPACTICABLE HE FACILITIES AND RESTORATION OF THE LICENSEE. THIS LICENSE SHALL NOT FE ASSIGNED OR TRANSFERRED BY THE LICENSEE WITHOUT THE PRIOP WRITTEN CONSENT OF THE UNITED STATES AND THE MANAGING ENTITY . 14. SUCCESSORS IN INTEREST OBLIG%TEO. THIS LICENSE AGREE.mFNT SHALL INURE TO THE riENEF IT OF AND AC gTr�DING UPON THE SUCCESSOPS AND ASSIGNS OF THE PARTIES HERETO. 15, NO WARRANTY, THE UNITED STATES '-iAKES NO WARRANTY. EXP:tESSED OR IMPLIE,,. AS TO THE '' -r-,',IT OR VALIDITY OF THE GRANT CONT41NED HEkEIN.