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FINAL DRAFT 1/16/2020 <br />6.4.1 In furtherance of the Purpose of this Easement, Grantor shall cooperate with <br />Grantee and Co -Grantee to help assure the maintenance of the Dedicated Water <br />Rights. <br />6.4.2 Except as expressly provided in this section, Grantor shall not transfer, <br />encumber, sell, lease or otherwise separate the Dedicated Water Rights from the <br />Protected Property. <br />6.4.3 Grantor shall not abandon, relinquish or otherwise lose or forfeit, by action or <br />inaction, any of the Dedicated Water Rights. <br />6.4.4 Grantor shall take affirmative actions to avoid such abandonment, <br />relinquishment, loss or forfeiture, including but not limited to the following: i) <br />exercising the Dedicated Water Rights by putting them to beneficial use in <br />accordance with RCW §90.14; ii) seeking to place or enroll the Dedicated Water <br />Rights in the Washington State trust water rights program on a temporary basis, <br />provided that any acquisition of the Dedicated Water Rights by the State shall <br />be expressly conditioned to limit its use to instream purposes and its duration to <br />a term no longer than 10 years; and/or (iii) seeking to lease the Dedicated Water <br />Rights for use on land other than the Protected Property for a term no longer <br />than 10 years, with prior written notice to and consent of Grantee and notice to <br />Co -Grantee, after obtaining approval in accordance with RCW §§90.03.380, <br />90.03.383, 90.03.390, or 90.44.100 for a temporary transfer or change of the <br />Water Rights; provided, however, that any such lease shall require the lessee to <br />make beneficial use of the Dedicated Water Rights in accordance with RCW <br />§90.14 and for Agricultural Activities only (collectively "Water Rights <br />Maintenance Actions"). If Grantor is unable to take one or more of the Water <br />Rights Maintenance Actions and the Dedicated Water Rights are under threat of <br />abandonment, relinquishment, loss or forfeiture, Grantor shall convey <br />ownership of said rights to the State Water Rights Trust Program on a temporary <br />basis as defined in 6.10.4 (ii) in order to avoid relinquishment and allow the <br />rights to be withdrawn at the request of the Grantor, Grantee or Co -Grantee in <br />order to maintain the opportunity for agricultural activity on the Protected <br />Property. <br />6.4.5 Any relinquishment, loss or forfeiture of the Dedicated Water Rights shall not <br />be deemed or construed to be a waiver of Grantee or Co -Grantee's rights under <br />this Easement or to defeat the Purpose of this Easement, and shall not otherwise <br />impair the validity of this Easement or limit its enforceability in any way. <br />6.5. Limitations on Agricultural Use. <br />-11- <br />