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0 <br /> During periods of joint maintenance,the users shall meet at times to be set by mutual agreement <br /> and establish necessary maintenance provisions. Such provisions shall include,but not be <br /> limited to the following: <br /> The appointment of a maintainer, which may be one of the parties or any third party,to perform <br /> or contract the maintenance;The extent of resurfacing necessary to keep the road safe and to <br /> reduce environmental impacts and maintain Washington Forest Practice Standards. <br /> A method of payment by which each party using the road or a portion thereof shall pay it's pro <br /> rata share of the cost of maintenance and resurfacing. • <br /> Repairs. Grantee shall return roads to or above the condition during the commencement of use. <br /> Grantee shall organize a pre-work meeting onsite with Grantor designated personnel and <br /> Grantee's successful contractor to discuss the terms of this agreement and document the <br /> condition of the Diversion Dam Road(D1000) and D-1300 road at the start of operations. Road • <br /> damage caused by an unauthorized user shall be repaired at the expense of the Grantee if the <br /> Grantee is the sole user. <br /> Improvements. Unless the parties agree in writing to share the cost of improvements in advance <br /> of such improvements being made, such improvements shall be solely for the account of the • <br /> improver. <br /> Prior rights. This Permit is subject to any rights and valid claims previously conveyed by <br /> Grantor, and to any rights and valid claims pending on Grantor's Property. Grantee rights herein <br /> are subject to all matters of public record and to all prior unrecorded or recorded easements, <br /> permits,leases and options affecting said lands or Grantee rights across,over or upon such lands. <br /> Grantee rights herein are also subject to the rights of the Grantor to use its own lands for any and <br /> all legal purposes including the use of the land by third parties with the permission of the <br /> Grantor. <br /> Operational Specifications. Site-specific operational specifications are listed in Exhibit B and <br /> Exhibit C. Non-compliance with these requirements shall constitute a breach of this Permit and <br /> may result in the Grantor suspending Grantee operations until the breach is remedied. <br /> Plan of Operation. The Grantor hereby approves the Grantee's proposed plan (Exhibit D). <br /> Grantee shall comply with such plan. If there is an inconsistency between provisions of the plan <br /> and this Permit or its other exhibits,the provisions that impose the most stringent requirements <br /> on Grantee shall control. <br /> Timber Damage. Grantee shall take all reasonable precautions to protect Grantor-owned timber. <br /> Grantee shall pay Grantor for any damage to timber. Grantor shall cruise and appraise the <br /> damage at stumpage rates by species at the time the damage occurs and bill Grantee for said <br /> damages at said value. <br /> • Pale 3 of 12 <br /> 44 <br />