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3 <br /> During periods when either party and/or other parties with an easement or license jointly use the <br /> road(s), or any portion thereof, the cost of maintenance and resurfacing shall be allocated among <br /> 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. Such provisions shall include,but not be <br /> limited to the following: <br /> The appointment of a maintainer, which maybe one of the parties or any third party, to perform <br /> or contract the maintenance; <br /> The extent of resurfacing necessary to keep the road safe and to reduce environmental impacts; <br /> and A method of payment by which each party using the road or a portion thereof shall pay it's <br /> 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 /> 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. Grantee <br /> rights herein are also subject to the rights of the Grantor to use its own lands for any and all legal <br /> purposes including the use of the land by third parties with the permission of the Grantor. <br /> Road Plan. Grantor has approved the Road Plan for Cooperation Timber Sale available at <br /> Northwest Region Office in Sedro-Woolley under file number 30-089859 for the construction, <br /> maintenance,repair and abandonment of roads covered by this Permit. <br /> Operational Restrictions. Site-specific operational requirements are listed in Exhibit B. Non- <br /> compliance with these requirements shall constitute a breach of contract and may result in the <br /> Grantor suspending operations until the breach is remedied. <br /> Damage. Grantee shall take all reasonable precautions to protect Grantor-owned timber, crops <br /> and improvements. The Grantee must notify the Grantor two (2)weeks in advance of <br /> completion of said operations for the purpose of inspection for compliance with the terms hereof. <br /> Private To State RUP • 3 of 12 Road Use Permit No.55-091210 <br /> 45 <br />