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5 . RIGHTS GRANTED : The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 6 . DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS : Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 7 . GRANTOR' S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 8 . RIGHT TO INSPECT : Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement . 9 . RIGHT TO TERMINATE : Should a need of greater public benefit and use arise as determined by Grantor in its sole discretion, the Grantor shall have the right to terminate this easement . At such time, the Grantor shall issue written notification to the Grantee stating the effective date of such termination. 10 . RESOLUTION OF ANY INEQUITIES : Any inequities that may subsequently arise as a result of this easement shall be subject to negotiation upon written request of either party hereto, and the parties agree to negotiate in good faith. In case of failure by the respective staffs to resolve the conflict(s), the matter shall be referred to the Grantor for final resolution. 11 . INDEMNIFICATIONIINVESTIGATION OF ALL CLAIMS : The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768 . 28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. ASSIGNMENT OF EASEMENT : This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 13 . TAXES AND ASSESSMENTS : The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 14 . CESSATION OF AUTHORIZATION/REMOVAL OF STRUCTURES : Upon termination of this easement all authorization granted shall cease and terminate and Grantee shall remove all facilities and related structures erected at its expense. 15 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. RECORDATION OF EASEMENT : The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen ( 14) days after receipt, and shall provide to the Grantor within ten ( 10) days following the recordation a copy of the recorded easement in its entirety which contains the O . R. Book and pages at which the easement is recorded. 17 . AMENDMENTS/MODIFICATIONS : This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. Page 2 of 8 Pages Easement No. 40008