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<br />D-3 <br />A. The Landowner has the right and privilege to use the Permanent Easement <br />Property at any time, in any manner, and for any purpose that is not inconsistent with the <br />Authority’s rights and privileges under this Permanent Easement. The Landowner will not <br />use, or permit use of, the Permanent Easement Property in any manner that disrupts or <br />interferes with the Authority’s use of the Permanent Easement Property, the Authority’s <br />rights and privileges under this Permanent Easement, or with the Project. The Landowner <br />will promptly cease any activities and remove any structures or obstructions that interfere <br />with the Authority’s use of the Permanent Easement Property, the Authority’s rights and <br />privileges under this Permanent Easement, or with the Project, when directed by the <br />Authority, at the Landowner’s sole cost. The Landowner will repair or replace any of any <br />of the Authority’s structures, trees, vegetation, right of way, or any other property owned <br />by the Authority damaged by the Landowner or the Landowner’s agents or as a result of <br />the Landowner’s use or the Landowner’s agent’s use of the Permanent Easement Property, <br />at the Landowner’s sole cost. <br /> <br />B. For purposes of this section and for the sake of clarity, the following is a <br />non-exhaustive list of uses that are inconsistent with the Authority’s rights and privileges <br />under this Permanent Easement: <br /> <br />(1) Constructing or placing structures or mobile homes, fences, signs, <br />billboards, or other advertising material, or other structures, whether temporary or <br />permanent; <br /> <br />(2) Filling, draining, excavating, mining, drilling, or removing topsoil, <br />loam, peat, sand, gravel, rock, minerals, or other materials; <br /> <br />(3) Building of roads or paths for vehicular or pedestrian travel or any <br />change in the topography of the land; <br /> <br />(4) Removing, destructing, or cutting of trees or plants; <br /> <br />(5) Spraying with biocides, insecticides, or pesticides; <br /> <br />(6) Grazing of animals, farming, tilling of soil, or any other agricultural <br />activity; and <br /> <br />(7) Operating all-terrain vehicles or any other type of motorized vehicle. <br /> <br />8. Encumbrances. The Landowner will not encumber the Permanent Easement <br />Property or enroll the Permanent Easement Property in any program that would be contrary to, or <br />would in any way disrupt or interfere with, the Authority’s use of the Permanent Easement <br />Property, the Authority’s rights and privileges under this Permanent Easement, or the Project. <br /> <br />9. Waiver of Warranties. The parties specifically agree neither the Landowner nor <br />any of its agents or representatives have made any representations or warranties in any way <br />regarding the Project; the Landowner’s ability to use the Permanent Easement Property following