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14 RCO THIRD PARTY RIGHT OF ENFORCEMENT <br />14.1 RCO is hereby granted third parry right of enforcement of this Easement. As such, <br />RCO may exercise all of the rights and remedies provided to Grantee and Co -Grantee <br />herein,and is entitled to all of the indemnifications provided to Grantee and Co -Grantee <br />in this Easement. RCO, Grantee, and Co -Grantee each have independent authority to <br />enforce the terms of this Easement; provided, however, that RCO and Co -Grantee <br />expect that Grantee shall have primary responsibility for monitoring and enforcement <br />of the Easement. In the event that RCO, Grantee, and/or Co -Grantee do not agree as <br />to whether the Grantor is complying with the terms of the easement, RCO or Grantee <br />or Co -Grantee may jointly or individually proceed with enforcement actions without <br />the consent of any other. If RCO elects to enforce the terms of this Easement, it shall <br />first follow the dispute resolution process and remedies described in Sections 8 and 9 <br />above; provided, however, that RCO shall not be obligated to repeat any non judicial <br />dispute resolution steps already taken by Grantee or Co -Grantee. <br />14.2 This third parry 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 Project <br />Cost as specified in the RCO Grant Agreement with interest due and payable from the <br />date of breach at the rate provided for in RCW 43.17.240, as may be amended from <br />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 Agreement, <br />RCO shall have the right, in addition to any other remedies described in this Easement, <br />to require that Grantor pay to RCO, at RCO's election, the higher of (i) an amount <br />equal to the fair market value of this Easement, which shall be determined as provided <br />in Section 11.3 and distributed as provided in Section 11.4; or (ii) an amount equal to <br />the Total Project Cost as specified in the RCO Grant Agreement with interest due and <br />payable from the date of breach at the rate provided for in RCW 43.17.240, as may be <br />amended from time to time. Any costs, fees or damages paid by Grantor for <br />enforcement of this Easement or restoration of the Conservation Values pursuant to <br />Section 9 shall be deducted from this amount. RCO agrees that it will follow the dispute <br />resolution process and remedies described in Sections 8 and 9 before exercising this <br />right, unless legally compelled to do otherwise. Any amounts due and owing RCO <br />under this paragraph shall be due and owing within 120 days of receiving a written <br />demand for repayment by RCO. Upon Grantor's repayment of such amount to RCO, <br />-31- <br />