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r <br /> Easement. This right to amend the Easement shall expressly include those circumstances where ,r_ <br /> the permit is modified to allow for a change in the manner in which the outfall is operated,or a <br /> change in the type, quality, or quantity of effluent being discharged. State similarly reserves the <br /> right to amend this Easement where Grantee fails to operate in conformance with its permits and <br /> where such failure could affect the lands and natural resources associated with the Easement area <br /> and any adjacent state lands or natural resources. This right to amend the Easement shall operate <br /> independent of any right to terminate the Easement pursuant to Section 12 or any other provision <br /> of this Easement. In the event that Grantee disagrees with any amendments that are required by <br /> State under this Subsection, Grantee's sole option shall be to request that the Easement be <br /> terminated upon sixty days written notice. In the event that the Easement is terminated under <br /> these circumstances, Grantee shall be allowed a pro rata reduction in any fees paid under <br /> Subsection 4.1 for the remaining unused Term,with the exception that no refund of any fees <br /> shall be provided if the outfall is allowed to remain in place pursuant to the provisions of <br /> Subsection 13.4. <br /> SECTION 3 TERM <br /> 3.1 Term Defined. The term of this Easement is Thirty(30)years(the"Term"),beginning <br /> on the 1st day of May, 2003 (the"Commencement Date"), and ending on the 30th day of April, <br /> 2033, (the"Termination Date"),unless renewed pursuant to subsection 3.2 or terminated sooner <br /> under the terms of this Easement. <br /> 3.2 Renewal of the Easement. No interim renewals are contemplated. Grantee may apply <br /> for a new easement prior to, or upon expiration of this easement. Any renewal application will <br /> be evaluated using the statutes, guidelines and policies utilized by State at the time the <br /> application is being reviewed in conjunction with the provisions of Subsection 3.3. <br /> 3.3 Development of Disposal Alternatives. Grantee acknowledges that it is State's goal to <br /> reduce the reliance on the receiving waters of Washington State for the disposal of waste <br /> effluent, stormwater and other discharges, and to promote water re-use. Any renewal of this <br /> easement shall be dependent upon Grantee's satisfactory progress towards the implementation of <br /> reasonably practical disposal alternatives that abate the effect of the pollution constituents on <br /> state-owned aquatic lands and their associated biological communities. To assure that such <br /> progress is made during the Term of this Easement, Grantee shall submit a written report at the <br /> time of application to renew the NPDES Permit, or every five (5)years,whichever is sooner. <br /> The report will identify: (1) activities undertaken since the previous report to reduce discharges <br /> as well as efforts to decrease chemical,biological and physical impacts to state-owned aquatic <br /> lands and their associated biological communities; and (2)current and future plans, including <br /> funding, for reducing discharges and decreasing chemical, biological and physical impacts to <br /> state-owned aquatic lands and their associated biological communities. In any request for <br /> renewal, if Grantee has not provided evidence satisfactory to State,that it is making progress <br /> towards disposal alternatives that abate pollution impacts,the State may require Grantee to <br /> undertake a thorough investigation and analysis of reasonably practical disposal alternatives to <br /> the Permitted Use. If such review is required, it shall be completed prior to any renewal of this <br /> Easement. In the alternative, State may rely on its own alternatives analysis in accordance with <br /> October 14,2002 Page 5 of 27 Outfall Easement <br />