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FINAL 1)H� 117 1/1612020 <br />not agree as to whether the Grantor is complying with the terms of the easement, <br />RCO or Grantee or Co -Grantee may jointly or individually proceed with enforcement <br />actions without the consent of any other. If RCO elects to enforce the terms of this <br />Easement, it shall first follow the dispute resolution process and remedies described <br />in Sections 8 and 9 above; provided, however, that RCO shall not be obligated to <br />repeat any non judicial dispute resolution steps already taken by Grantee or Co - <br />Grantee. <br />14.2 This third party right of enforcement does not extend to any other third party and will <br />automatically transfer to another State agency charged with maintaining, preserving <br />and/or restoring agricultural lands in the event RCO is dissolved or reorganized. <br />14.3 In the event that Grantee transfers or assigns this Easement without the consent of <br />RCO, which consent shall not be unreasonably withheld, RCO may require that <br />Grantee pay to RCO, at RCO's election, the higher of (i) an amount equal to the fair <br />market value of this Easement, which shall be determined as provided in Section 11.3 <br />and distributed as provided in Section 11.4; or (ii) an amount equal to the Total <br />Project Cost as specified in the RCO Grant Agreement with interest due and payable <br />from the date of breach at the rate provided for in RCW 43.17.240, as may be <br />amended from time to time. <br />14.4 In the event that the Protected Property is used by Grantor in a manner that is not <br />consistent with the Purpose of this Easement or the terms of the RCO Grant <br />Agreement, RCO shall have the right, in addition to any other remedies described in <br />this Easement, to require that Grantor pay to RCO, at RCO's election, the higher of <br />(i) an amount equal to the fair market value of this Easement, which shall be <br />determined as provided in Section 11.3 and distributed as provided in Section 11.4; or <br />(ii) an amount equal to the Total Project Cost as specified in the RCO Grant <br />Agreement with interest due and payable from the date of breach at the rate provided <br />for in RCW 43.17.240, as may be amended from time to time. Any costs, fees or <br />damages paid by Grantor for enforcement of this Easement or restoration of the <br />Conservation Values pursuant to Section 9 shall be deducted from this amount. RCO <br />agrees that it will follow the dispute resolution process and remedies described in <br />Sections 8 and 9 before exercising this right, unless legally compelled to do <br />otherwise. Any amounts due and owing RCO under this paragraph shall be due and <br />owing within 120 days of receiving a written demand for repayment by RCO. Upon <br />Grantor's repayment of such amount to RCO, Grantee and RCO agree to prepare and <br />record a deed amendment to release Grantor from any further obligations to RCO or <br />Grantee under this Easement. <br />15 JOINT ENFORCEMENT <br />15.1 Before Grantee , Co -Grantee, or any Beneficiary to this Easement exercises its rights <br />to undertake mediation, arbitration or legal action as provided for in Sections 8 and 9, <br />-31- <br />