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2 <br /> Restrictions or requirements placed on the easement holder herein shall apply equally to the <br /> easement holder's Permittees. <br /> Maintenance. Maintenance is defined as work noitnally necessary to preserve and keep the <br /> Roads in their present condition or as hereafter improved. At a minimum,the Roads will be <br /> maintained to meet applicable forest practices standards set forth in Chapter 222-24 WAC as <br /> now written or hereafter amended. <br /> When a Road is being used solely by one party,that party shall be solely responsible for <br /> maintaining that portion of the Road so used to the standards existing at the time sole'use is <br /> commenced. During periods when either party and/or other parties with an easement or <br /> license jointly use the Road(s), or any portion thereof, the cost of maintenance and resurfacing <br /> shall be allocated among such users on the basis of their respective use including that of their <br /> Permittees. <br /> During periods of joint maintenance,the users shall meet at times to be set by mutual <br /> agreement and establish necessary maintenance provisions. Such provisions shall include, but <br /> not be limited to the following: <br /> (1) The appointment of a maintainer,which maybe one of the parties or any third <br /> party,to assume the responsibility for performing all recurrent maintenance; <br /> (2) The extent of resurfacing necessary to keep the Road to the standard originally <br /> constructed or thereafter improved, and to reduce environmental impacts; and <br /> (3) A method of payment by which each party using the Road or a portion thereof <br /> shall pay its pro rata share of the cost of maintenance and resurfacing. <br /> Repairs. Each party shall repair, or cause to be repaired at its sole cost, that damage to the <br /> Road arising out of the easement holder's use, which is in excess of that which it would cause <br /> through normal and prudent usage. Damage caused by an unauthorized user shall be repaired <br /> at the expense of the easement holder if the easement holder is the sole user of the road,the <br /> fee owner if the fee owner is the sole user of the road and shared jointly if there is joint use of <br /> the road. <br /> Improvements. The easement holder will not make improvements to the Easement Area <br /> without prior written consent of the fee owner,which shall not be unreasonably withheld. <br /> Unless the parties agree in writing to share the cost of improvements, improvements shall be <br /> at the sole expense of the improver. Any improvements to the Easement Area shall become <br /> the property of the fee owner unless otherwise agreed in writing. <br /> Compliance with Habitat Conservation Plan. The Easement Area is located within an area <br /> that is subject to the State's Habitat Conservation Plan adopted in connection with Incidental <br /> Take Permit No. PRT-812521 as supplemented by Permit No. 1168 (collectively"ITP"). <br /> Easement Exchange Page 4 of 20 Easement No.55-090098;50-090097 <br />