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3 <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 license <br /> jointly use the road(s), or any portion thereof,the cost of maintenance and resurfacing shall be <br /> allocated among such users on the basis of their respective use including that of their Permittees. <br /> During periods of joint maintenance,the users shall meet at times to be set by mutual agreement <br /> and establish necessary maintenance provisions. <br /> Such provisions shall include,but not be limited to the following: <br /> 1. The appointment of a maintainer,which maybe one of the parties or any third party,to <br /> perform or contract the maintenance; <br /> 2. The extent of resurfacing necessary to keep the road safe and to reduce environmental <br /> impacts;and <br /> 3. A method of payment by which each party using the road or a portion thereof shall pay <br /> it's pro rata share of the cost of maintenance and resurfacing. <br /> Repairs. Grantee shall repair,or cause to be repaired at its sole cost,that damage to the Road <br /> arising out of it's use which is in excess of that which it would cause through normal and prudent <br /> usage. Damage caused by an unauthorized user shall be repaired at the expense of the Grantee if <br /> the Grantee is the sole user of the road,the Grantor if the Grantor is the sole user of the road and <br /> shared jointly if there is joint use of the road. <br /> Improvements. Unless the parties agree in writing to share the cost of improvements in advance <br /> of such improvements being made, such improvements shall be solely for the account of the <br /> improver. <br /> Compliance with the State's HCP. The premises are located within the State's Habitat <br /> Conservation Plan area in connection with Incidental Take Permit No.PRT-812521, as <br /> supplemented by Permit No.1168 (collectively 1TP). Grantee and all Permittees must comply <br /> with the terms and conditions set forth in Exhibit B while operating on the premises. <br /> Prior rights. This permit is subject to any rights and valid claims previously conveyed by <br /> Grantor, and to any rights and valid claims pending on said premises. Grantee rights herein are <br /> subject to all matters of public record and to all prior unrecorded or recorded easements,permits, <br /> leases and options affecting said lands or Grantee rights across,over or upon such lands. <br /> Grantee rights herein are also subject to the rights of the Grantor to use its own lands for any and <br /> all legal purposes including the use of the land by third parties with the permission of the <br /> Grantor. <br /> State to Private RUP Page 3 of 14 Road Use Permit No 50-091200 <br /> 3 <br />