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J <br /> emergency as determined by the Grantor, in no event shall such notice and plans be <br /> given less than nine months prior to the scheduled commencement of work or use. <br /> Within one month after receiving such notice from the Grantor or such other <br /> reasonable time frame specified by Grantor's written notice, County shall give written <br /> notice to Grantor by which notice County will elect to (a) protect, modify or relocate <br /> the improvements, or (b) reimburse Grantor for its said added costs. If the County <br /> elects to protect, modify or relocate the improvements, it shall commence work <br /> promptly and diligently prosecute such work to completion prior to the scheduled <br /> date of commencement of Grantor's construction. If County elects to pay Grantor's <br /> added costs, County shall give Grantor satisfactory assurance of payment of such <br /> costs at the time such notice of election is given. If County does not so elect one of <br /> the above-described options by giving Grantor the required notice, Grantor shall be <br /> entitled to make such an election on behalf of the County. The County agrees that this <br /> election shall be binding upon County and have the same effect as if made by the <br /> County. If Grantor so elects option (a) described herein or if County elects option (a) <br /> and fails to commence and prosecute its work as contemplated herein, Grantor may, <br /> at its option, undertake such work on behalf of County as Grantor deems necessary <br /> pursuant to option (a) and County shall promptly pay Grantor for all costs incurred by <br /> Grantor in performing such work. <br /> 11. Access: <br /> County shall design, construct, maintain and use its improvements in such fashion as <br /> to not interfere with or to in any way jeopardize the Grantor's use of its property for <br /> right of way purposes including, but not limited to, road, utility and pedestrian <br /> purposes. County shall at all times keep Grantor's property free and clear of all <br /> obstructions and equipment except for those times needed for construction, <br /> installation, repairs, and maintenance of the County's improvements upon prior notice <br /> given to the Grantor. <br /> 12. Inspectors: <br /> County shall not perform any work on the Easement Area unless it has given notice to <br /> Grantor as may be reasonable in the circumstance so as to allow for the presence of <br /> an inspector representing the Grantor. - <br /> 13. Refuse. Waste and Hazardous Substances: <br /> (a) Refuse. County shall not make, or suffer to be made, any deposit or placement of <br /> any rock, earth, ballast, refuse, garbage, waste matter (including chemical, <br /> biological, or toxic wastes), hydrocarbons, any other pollutants, or other matter <br /> within or upon the Easement Area or Grantor's property, except as approved in <br /> writing by the Grantor. If County shall fail to remove all non-approved fill <br /> material, refuse, garbage, wastes, or other of the above materials and restore the <br /> property to its condition immediately prior to the deposition or placement of the <br /> unauthorized material, County agrees that the Grantor may remove such materials <br /> and charge County for the cost of removal and disposal together with interest <br /> thereon from the date of expenditure at the rate of one percent per month (or at <br /> • <br /> `" � 5 <br />