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4. State will determine the fair market value of the trees it authorizes to be <br /> removed. <br /> 5. State will approve the removal of danger trees contingent upon payment in full <br /> by Grantee prior to removal. <br /> In the event of an emergency requiring immediate action to protect person or property, <br /> Grantee shall: <br /> 1. Fall and/or remove the necessary danger tree(s) without advance authorization <br /> from State. <br /> 2. Cruise the felled and/or removed tree(s). <br /> 3. Grantee shall notify State in writing of the tree(s) felled and/or removed and <br /> include a map of the location and a cruise within fourteen (14) days after <br /> felling. <br /> 4. DNR will determine the fair market value of the tree(s)felled and/or removed <br /> and bill the Grantee. <br /> 5. Grantee shall pay for the tree(s)within thirty (30) days of receipt of the billing <br /> notice. <br /> Repairs. Each party shall repair, or cause to be repaired at its sole cost,that damage to the <br /> road and improvements occasioned by it which is in excess of that which it would cause <br /> through normal and prudent usage. Should damage be caused by an unauthorized user,the <br /> cost of repair shall be treated as ordinary maintenance and handled as set forth above. <br /> Improvements. Grantee shall construct no improvements without the prior written consent <br /> of State, which shall not be unreasonably withheld. Unless the parties agree in writing to <br /> share the cost of improvements, improvements shall be at the sole expense of the improver. <br /> Any improvements to the Easement Area shall become property of State unless the applicable <br /> consent specifically provides otherwise. Improvements installed by Grantee shall, at State's <br /> option,be removed by Grantee at the termination or expiration of the Easement at Grantee's <br /> expense. <br /> Notice. Any notices or submittals required or permitted under this Easement may be <br /> delivered personally, sent by facsimile machine or mailed first class,return receipt requested, <br /> to the following addresses or to such other place as the parties hereafter direct. Notice will be <br /> deemed given upon delivery, confirmation of facsimile, or three days after being mailed, <br /> whichever is applicable. <br /> Commercial Easement Page 8 of 17 Easement No.50-098899 <br />