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3 <br /> (iii) Grantee shall be required to prepare and implement a written plan for monitoring <br /> and reporting on the implementation of all actions required under Subsections <br /> 9.4(i) and(ii)that is satisfactory to State. <br /> (iv) To the extent that lost resource values cannot be replaced, or continue to be <br /> damaged, Grantee shall pay State for the value of the lost or damaged resource <br /> values. In the event the parties to this Agreement.cannot agree upon any measure <br /> of damages, a three-member panel of appraisers shall be appointed, consisting of <br /> natural resource economists. One member shall be appointed by and at the cost of <br /> State, one member by and at the cost of Grantee, and the third member by mutual <br /> agreement of the first two panel members with the cost to be borne equally by <br /> State and Grantee. The decision of a majority of the members of the panel shall <br /> be made based upon generally accepted valuation principles utilized by natural <br /> resource damage trustees in Comprehensive Environmental Response, <br /> Compensation, and Liability Act and Model Toxic Control Act proceedings. The <br /> decision shall be binding on the parties to this Agreement. <br /> 9.3 Indemnification. Notwithstanding any mitigation plan, any regulatory permits or <br /> licenses authorizing discharges, or any other provision in this Agreement(including subsection <br /> 2.1, Grantee shall indemnify, defend, and hold the State harmless from all claims for damages to, <br /> or the loss of, natural resource values that are made against the State as a direct or indirect result <br /> of Grantee's Permitted Use, including all resource claims brought by Indian tribes, other federal, <br /> state, or local agencies, or members of the public. No damages or fees paid by Grantee to State <br /> under any other provision of this Agreement shall be allowed as a setoff against Grantee's <br /> obligations under this Subsection 9.5 to indemnify, defend, and hold the State harmless against <br /> the claims of third parties. <br /> SECTION 10 REPORTING <br /> Grantee shall, at State's request,provide State with copies of all reports, studies, or audits which <br /> pertain to environmental problems and concerns associated with the Easement Property, and <br /> which are or were prepared by or for Grantee and submitted to any federal, state, or local <br /> authorities as required by any federal, state, or local permit, license, or law. These permits <br /> include,but are not limited to, any National Pollution Discharge and Elimination System Permit, <br /> any Army Corps of Engineers permit, any State Hydraulics Permit, any State Water Quality <br /> Certification, or Substantial Development Permit. <br /> SECTION 11 PRESERVATION OF SURVEY CORNERS <br /> Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and <br /> witness objects are preserved. If any survey corners or witness objects are destroyed or <br /> disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land <br /> surveyor in accordance with U.S. General Land Office standards, at Grantee's own expense. <br /> Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of <br /> October 14,2002 Page 14 of 27 Outfall Easement <br />