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f. Grantee agrees to cooperate fully with the Managing Agency to ensure that the maintenance and use of the trail does not prevent or adversely affect the Managing Agency's ability to conduct prescribed burns. This includes, but may not limited to, all measures necessary to maximize safety such as assisting with posting and maintaining of smoke signage, complying with, and assisting with traffic control and assisting with possible temporary closure of the Easement Area to pedestrian and vehicular traffic. g. Grantee will coordinate all construction and maintenance activities with the Managing Agency, at least seven (7) days in advance. At the discretion of the Managing Agency, such coordination may require an on-site meeting. The Managing Agency may be contacted at (772) 340-7530. h. Grantee acknowledges that the Managing Agency has the authority to temporarily halt any construction or maintenance activities that are unsafe for Easement Area visitors or staff or unacceptably adversely impacting Easement Area resources or facilities. The Managing Agency will work in earnest to identify and implement a resolution as quickly as possible, so as not to cause unnecessary delays to Grantee's schedule of operation. 5. Reservation of Use by Grantor. This Easement is non-exclusive and the Grantor reserves unto itself, its successors and assigns, its invitees, contractors, and agents, including members of the general public, the right to utilize the Easement Property for any purpose which does not unreasonably interfere with the use of the Easement Property by Grantee for the purposes set forth herein. Each party shall use the rights granted and reserved by this Easement with due regard for the rights of the other party to use and enjoy the Easement Property. 6. Successors and Assigns. The Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective heirs, successors and assigns, and the benefit and burdens hereof shall run with the Easement Property in perpetuity. 7. Grantor's Liability. Grantor's liability is limited as provided in Subsection Section 768.28, F.S. Additionally, Grantor shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of this Easement or the Easement Property. 8. Duration. This Easement shall remain in full force and effect in perpetuity, unless terminated earlier as provided herein. 9. Modification. This Easement may be amended, altered, released, or revoked only by written agreement between the parties hereto or their heirs, assigns or successors, which shall be filed in the public records in Indian River County, Florida. 10. Termination. In the event Grantee fails to construct the multi -use trail as part of the rail to trails program within 36 months of the Effective Date of this Easement, Grantor may terminate this Easement by filing a Notice of Termination of Easement in the Public Records of Indian River County, Florida._ 11. Grantor's Liability. Grantor's liability is limited as provided in Section 768.28, F.S. Additionally, Grantor shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Easement Property. 12. Non -waiver of Regulatory Authority. Nothing contained herein shall be construed as a waiver of or contract with respect to the regulatory and permitting authority of the District as it now or hereafter exists under applicable laws, rules, and regulations. Page 3 gJ2