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whether in whole or in part, by judicial proceedings in a court of competent <br />jurisdiction and with the permission of the United States. <br />11.1.2 The amount of the proceeds to which Grantee, Co -Grantee, and any Beneficiary <br />to this Easement shall be entitled, after the satisfaction of prior claims, from any <br />sale, exchange, or involuntary conversion of all or any portion of the Protected <br />Property subsequent to such termination or extinguishment, shall be determined, <br />unless otherwise provided by Washington law at the time, in accordance with <br />Section 11.3. Grantee shall use all such proceeds for the acquisition of property <br />interests that are substantially equivalent to those conveyed by this Easement. <br />Grantee shall consult with and receive the approval of Co -Grantee, NRCS, and <br />RCO in the selection of any replacement property interests. Upon acquisition of <br />such replacement property interests, Grantee shall convey to Co -Grantee, <br />NRCS, and RCO the same or substantially equivalent rights as provided for in <br />this Easement. <br />11.1.3 In granting this Easement, Grantor has considered the fact that any use of the <br />Property that is prohibited by this Easement, or any other use as determined to <br />be inconsistent with the Purpose of this Easement, may become economically <br />more valuable than permitted uses. It is the intent of Grantor, Grantee, and Co - <br />Grantee that such circumstances shall not justify the termination or <br />extinguishment of this Easement. Grantor's inability to carry on any or all of the <br />permitted uses, or the unprofitability of doing so, shall not impair the validity of <br />this Easement or be considered grounds for its termination or extinguishment. <br />11.2 Condemnation. If the Easement is taken, in the whole or in the part, by the exercise <br />of the power of eminent domain, Grantee, Co -Grantee, NRCS, and RCO shall be <br />entitled to compensation in accordance with Section 11. 3, for the value of the Easement <br />taken; and the Grantor shall be entitled to compensation in accordance with applicable <br />law for the value of the underlying fee title and improvements taken. In the event that <br />Section 11.3. violates applicable law, then the proceeds to Grantor, Grantee, Co - <br />Grantee, NRCS, and RCO shall be divided in accordance with applicable law. In the <br />event that Grantee is the recipient of the proceeds from any condemnation, then <br />Grantee shall disburse to RCO and the United States their respective shares of the <br />proceeds pursuant to Section 11.4 as soon as is practicable. <br />11.3 Valuation <br />11.3.1 This Easement constitutes a real property interest immediately vested in Grantee <br />and Co -Grantee. For purposes of this Section, the Parties stipulate that this <br />Easement has a fair market value determined by multiplying (a) the then fair <br />market value of the Protected Property unencumbered by the Easement (minus <br />any increase in value attributable to improvements on the Protected Property), <br />at the time of termination or extinguishment, as determined by an appraisal that <br />-28- <br />