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construction of improvements must be adequately referenced and/or replaced in accordance with :_ <br /> all applicable laws and regulations in force at the time, including but not limited to, Chapter <br /> 58.24 RCW. The references must be approved by State prior to removal of the survey corners <br /> and/or witness objects. <br /> SECTION 12 TERMINATION OF EASEMENT <br /> This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of <br /> this Easement and Grantee fails to cure that breach within sixty(60)days of State's notice. If the <br /> breach is not reasonably capable of being cured within the sixty(60)days, Grantee shall <br /> commence the cure within the sixty(60) day period and continue the cure with diligence until <br /> completion. In addition to terminating this Easement, State shall have any other remedy <br /> available to it. State's failure to exercise its right to terminate at any time shall not waive State's <br /> right to terminate for any future breach. If Grantee ceases to use the Easement Property for the <br /> purposes set forth in this Easement for a period of five (5) successive years,this Easement shall <br /> terminate without further action by State and Grantee's rights shall revert to State. This <br /> Easement may also terminate if Grantee provides State with sixty(60)days written notice of its <br /> intent to terminate the Easement, in a form satisfactory to State. Any obligations of Grantee <br /> which are not fully performed upon termination of this Easement shall not cease,but shall <br /> continue as obligations until fully performed. <br /> SECTION 13 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND <br /> EQUIPMENT <br /> 13.1 Existing Improvements. On the Commencement Date,the following improvements are <br /> authorized to be installed on the Easement Property: The outfall pipe and diffuser, shown on <br /> Exhibit A. These improvements are not owned by State ("Existing Improvements"). <br /> 13.2 Grantee-Owned Improvements. So long as this Easement remains in effect, Grantee <br /> shall retain ownership of all improvements and trade fixtures it may place on the Easement <br /> Property in accordance with Subsection 2.1 (collectively"Grantee-Owned Improvements"as <br /> more fully described in Exhibits A and B). Grantee-Owned Improvements shall not include any <br /> construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined <br /> in Subsection 13.5 below. No Grantee-Owned Improvements shall be placed on the Easement <br /> Property without State's prior written consent. <br /> 13.3 Construction. Prior to any construction, alteration,replacement, removal or major repair <br /> of any improvements (whether State-Owned or Grantee-Owned), Grantee shall submit to State <br /> plans and specifications which describe the proposed activity. A"major repair"or an"alteration" <br /> shall be defined as any work performed within the Easement Property that substantially changes <br /> the configuration or location of any Improvement or that may result in substantial adverse <br /> impacts to the environment. Construction shall not commence until State has approved those <br /> plans and specifications and Grantee has obtained a performance and payment bond in an amount <br /> equal to 125%. State shall have sixty(60) days in which to review the proposed plans and <br /> October 14,2002 Page 15 of 27 Outfall Easement <br />