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• <br /> Abandonment. If Grantee ceases to use the Easement Area for the purposes set forth herein <br /> for a period of twenty (20) successive years, this Easement shall be deemed abandoned and <br /> terminate without further action by State. Timber remaining on the Easement Area shall be <br /> deemed abandoned. <br /> Construction. The terms of this Easement shall be given their ordinary meaning unless <br /> defined herein and shall not be presumed construed against the drafter. <br /> Effective Date. The Effective Date of this Easement shall be the date on which the last party <br /> executes this Easement. The Effective Date will be inserted on the first page of the Easement <br /> when such date is determined. <br /> Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement. <br /> Headings. The headings in this Easement are for convenience only and are not intended to, <br /> and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor <br /> the meaning of any of its provisions. <br /> Modification. Any modification of the Easement must be in writing and signed by the <br /> parties. State shall not be bound by any oral representations or statements. <br /> Non-waiver. The waiver by State of any breach or the failure of State to require strict <br /> compliance with any term herein shall not be deemed a waiver of any subsequent breach. <br /> Severability. If any provision of this Easement shall be held invalid, it shall not affect the <br /> validity of any other provision herein. <br /> Successors and Assigns. This Easement shall be binding upon and shall inure to the benefit of <br /> the parties,their successors and assigns except to the extent that this section conflicts with the <br /> section labeled "Nature of Estate" in which case the Nature of Estate section will control. <br /> Commercial Easement Page 10 of 17 Easement No.50-098899 <br />