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<br /> -' SECTION 2 USE OF EASEMENT
<br /> 2.1 Permitted Use. This Easement is granted for the purpose of and is limited to
<br /> constructing,installing,operating,maintaining,and repairing the outfall pipeline shown in
<br /> Exhibit A("Permitted Use")and described in Exhibit B, ("PIan of Operations"). No
<br /> modification to the permitted use shall be allowed without State's prior written consent. Any
<br /> modification to the improvements approved under this subsection shall only be undertaken after
<br /> complying with Sections 6 and 13. The outfall,and associated facilities that make use of the
<br /> outfall, shall be constructed and operated in accordance with the provisions of the Plan of
<br /> Operations contained in Exhibit B.
<br /> 2.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources
<br /> on or adjacent to the Easement Property. Grantee shall also not cause or permit any filling
<br /> activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth,
<br /> ballast,refuse, garbage,waste matter(including chemical, biological or toxic wastes),
<br /> hydrocarbons, any other pollutants,or other matter in, on, or adjacent to the Easement Property,
<br /> except as approved in writing by State or pursuant to discharges made in full compliance with a
<br /> valid NPDES permit. Grantee shall neither commit nor allow waste to be committed to, on, or
<br /> adjacent to the Easement Property. If Grantee fails to comply with all or any of the restrictions
<br /> on use set out in this Subsection 2.2, State may terminate this Easement in accordance with
<br /> Section 12 and, at State's discretion, may take any steps reasonably necessary to remedy such
<br /> failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including but
<br /> not limited to the costs of removing and disposing of any material deposited improperly in, on,or
<br /> adjacent to the Easement Property. This section shall not in any way limit Grantee's liability
<br /> under Section 8,below.
<br /> 2.3 Conformance with Laws. Grantee shall, at all times,keep current and comply with all
<br /> conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and
<br /> other government rules and regulations regarding its use or occupancy of the Easement Property.
<br /> This includes, but is not limited to, all state and federal laws,regulations, order or permits
<br /> governing the construction, operation, repair and maintenance of the outfall pipeline shown in
<br /> Exhibit A.
<br /> 2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of
<br /> any liens and encumbrances arising out of or relating to its use or occupancy of the Easement
<br /> Property.
<br /> 2.5 Amendment upon Change of Permit Status. This Easement is granted in reliance upon
<br /> Grantee's agreement to operate an outfall in substantially the same manner as described in the
<br /> regulatory permits it has obtained as of the date this Easement was executed, and in full
<br /> compliance with those permits. State reserves the right to amend the terms and conditions of this
<br /> easement in those cases where any regulatory permit(including, but not limited to, any National
<br /> Pollutant Discharge Elimination Systems (NPDES)Permit,Hydraulic Project Approval,U.S.
<br /> Army Corps of Engineers Section 404 Permit, or Shoreline Substantial Development Permit)is
<br /> modified in any manner that affects the performance of any obligation or covenant under this
<br /> October 14,2002 Page 4 of 27 Outfall Easement
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