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as an admission of a party. Records of mediation communications shall be <br />exempt from the requirements of Chapter 42.56 RCW (Washington State Public <br />Records Act) to the extent provided for in Chapter 7.07 RCW (Washington State <br />Uniform Mediation Act). <br />8.2.4 Time Period. Neither party shall be obligated to continue the mediation process <br />beyond a period of sixty (60) days from the date of receipt of the initial request <br />or if the mediator concludes that there is no reasonable likelihood that continuing <br />mediation will result in a mutually agreeable resolution of the dispute. <br />8.2.5 Costs. The costs of the mediator shall be borne equally by the Parties; the <br />Mediation Parties shall bear their own expenses, including attorney's fees, <br />individually. <br />8.3 Arbitration. In the event the Parties are unable to resolve such disagreement through <br />mediation,the Parties and each Beneficiary may by mutual agreement submit disputed <br />matters to arbitration upon such rules of arbitration as Grantor, Grantee, Co -Grantee <br />and each Beneficiary may agree. <br />9 GRANTEE'S AND CO -GRANTEE'S REMEDIES <br />9.1 Grantee and Co -Grantee's Rights and Obligations. The Grantee shall have the <br />primary responsibility of monitoring and enforcing this Easement, including but not <br />limited to accessing the Protected Property at least once per year to monitor use and <br />activities in accordance with Section 4.2.1 above and as required by funding sources, <br />determining if a violation has occurred, providing or withholding consent to Grantor, <br />and for approving any amendments to this Grant Deed of Agricultural Conservation <br />Easement. Remote sensing may be used to document land changes and new <br />construction. Annual onsite inspection is required to monitor the following: sheet <br />erosion; erosion from concentrated flow; runoff from heavy use areas; conditions of <br />waterways, diversions, and riparian areas; and other changes in the baseline conditions. <br />Grantee will share with the Co -Grantee monitoring and stewardship information, <br />including but not limited to monitoring reports at least annually and any written notices <br />or consents to and/or from Grantor. The Grantee is responsible for any costs incurred <br />in enforcing the terms of the easement, including any attorney's fees and any costs of <br />the suit. Grantee may recover costs from Grantor and/or a third party as described in <br />this Section 9. <br />Grantee shall alert Co -Grantee to any potential or actual violation of the Easement as <br />soon as practically possible following discovery of such violation, and Grantee and Co - <br />Grantee shall make good faith efforts to determine a unified course of action should a <br />potential or actual violation of the Easement arise. <br />-21- <br />