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• <br /> Repairs. Grantee shall repair, or cause to be repaired at its sole cost,that damage to the Road <br /> arising out of it's use which is in excess of that which it would cause through normal and prudent <br /> usage. Damage caused by an unauthorized user shall be repaired at the expense of the Grantee if <br /> the Grantee is the sole user of the road,the Grantor if the Grantor is the sole user of the road and <br /> shared jointly if there is joint use of the road. <br /> Improvements. Unless the parties agree in writing to share the cost of improvements in <br /> advance of such improvements being made, such improvements shall be solely for the account of <br /> the improver. <br /> Compliance with the State's HCP. The premises are located within the State's Habitat <br /> Conservation Plan area in connection with Incidental Take Permit No.PRT-812521, as <br /> supplemented by Permit No.1168 (collectively ITP). Grantee and all Permittees must comply <br /> with the terms and conditions set forth in Exhibit B while operating on the premises. <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 said premises. Grantee rights herein are <br /> subject to all matters of public record and to all prior unrecorded or recorded easements, permits, <br /> leases and options affecting said lands or Grantee rights across, over or upon such lands. Grantee <br /> rights herein are also subject to the rights of the Grantor to use its own lands for any and all legal <br /> purposes including the use of the land by third parties with the permission of the Grantor. <br /> Operational Restrictions. Site-specific operational requirements are listed in Exhibit C. Non- <br /> compliance with these requirements shall constitute a breach of contract and may result in the <br /> Grantor suspending operations until the breach is remedied. <br /> Damage. Grantee shall take all reasonable precautions to protect Grantor-owned timber, crops <br /> and improvements. The Grantee must notify the Grantor two (2) weeks in advance of <br /> completion of said operations for the purpose of inspection for compliance with the terms hereof. <br /> Grantee shall pay Grantor for any damage to timber, crops and improvements not identified and <br /> paid for under the terms and conditions of this Permit. Grantor shall appraise the damage at <br /> market value at the time of damage and bill Grantee for said damages at said value. <br /> Waste. Grantee shall not cause or permit any filling activity to occur in or on the premises, <br /> except as approved by Grantor. Grantee shall not deposit refuse, garbage, or other waste matter <br /> or use, store, generate,process,transport, handle, release, or dispose of any hazardous substance, <br /> or other pollutants in or on the premises except in accordance with all applicable laws. <br /> State to Private RUP Page 3 of 23 Road Use Permit No 50-095653 <br />