Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20

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11. DRAFT 1/16/2020 maintains the primacy of, and remains subordinate to, the farmland character and use of the Protected Property. 5.7. Forestry Use: Grantor may remove trees from the Protected Property when required for safety, fire protection, salvage purposes, pest control, disease control, restoration, domestic use, or as necessary to benefit Agricultural Activities (the "Forestry Activities"). All Forestry Activities on the Protected Property shall be carried out in compliance with the Purpose and terms of this Easement. Grantor shall not engage in or permit any Forestry Activities that would preclude the opportunity for agricultural activity upon the Protected Property. The provisions of this Section 5.7 shall not apply to the commercial production of Christmas trees not subject to the excise tax imposed by RCW §§84.33.100 through 84.33.140. 5.8. Emergencies: Grantor may undertake any activities that are necessary to protect health or safety or prevent significant property damage on the Protected Property or are required by and subject to compulsion of any governmental agency; provided, however, that Grantor shall first reasonably attempt to notify Grantee and Co -Grantee prior to taking such action. If Grantee and Co -Grantee cannot provide consent, with or without conditions, within such time as is reasonable under the circumstances, Grantor may proceed with such action without consent. 6. PROHIBITED USES AND RESTRICTIONS ON PERMITTED USES 6.1. General. Any use of, or activity on, the Protected Property inconsistent with the Purpose or other terms of the Easement is prohibited, and Grantor acknowledges and agrees that it will not conduct, engage in, or permit any such use or activity. Without limiting the generality of the foregoing, and except as permitted in Section 5 above, the following uses of, or activities on, the Protected Property are either (a) inconsistent with the Agricultural Conservation Values and Purpose of this Easement and prohibited herein or (b) limited as provided herein to make such uses or activities consistent with the Agricultural Conservation Values and Purpose of this Easement. 6.2. No Conversion to Incompatible Uses. Grantor shall not convert the Protected Property to industrial or suburban/residential development or to any other use that is incompatible with maintaining the opportunity for agricultural activity on the Protected Property. 6.3. Limitations on Subdivision. The Protected Property may not be further divided, partitioned, or subdivided except in its current configuration. "Current configuration" means the entire Protected Property, i.e. all the separate legal parcels that make up the Protected Property taken together as one whole entity. 6.4. Water Rights -10-