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Grantee and RCO agree to prepare and record a deed amendment to release Grantor <br />from any further obligations to RCO or 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 />the party contemplating such action agrees to confer with the other parties holding <br />enforcement rights under this Easement as to whether they will join the mediation, <br />arbitration or legal action and share costs and expenses related to such action; provided, <br />however, that this agreement to confer shall not be construed as a limitation on the <br />ability of Grantee , Co -Grantee, or any Beneficiary to this Easement to exercise its <br />enforcement and other rights under this Easement. If Grantee , Co -Grantee, RCO, <br />and/or the United States decide(s) to join in the action and share costs and expenses <br />related to the action, the parties joining in the action and sharing costs and expenses <br />related to the action shall apply any recovery to reimburse such parties for their costs <br />and expenses; provided, however, that any amount received based on loss of value to <br />the easement, or resulting from condemnation and/or extinguishment of the Easement, <br />shall be shared equally by Grantee, Co -Grantee, RCO and the United States only after <br />reimbursing such parties for their costs and expenses. <br />15.2 If Grantee, Co -Grantee, or any Beneficiary to this Easement chooses not to undertake <br />mediation, arbitration or legal action as provided for in Sections 8 and 9, and/or share <br />costs and expenses related to such action, such party shall not be entitled to any <br />recovery for enforcement costs; provided, however, that any amount received based on <br />loss of value to the easement, or resulting from condemnation and/or extinguishment <br />of the Easement, shall be distributed in accordance with Section 11.4 only after first <br />reimbursing any party for its costs and expenses that are not otherwise separately paid <br />as part of any arbitration award or judgment. <br />16 RECORDATION <br />Grantee shall record this instrument in a timely fashion in the official records of Kittitas <br />County, Washington, and in any other appropriate jurisdictions, and may re-record it at <br />any time as may be required to preserve its rights in this Easement. <br />17 NO MERGER <br />In the event that Grantee or Co -Grantee acquires all or a portion of the fee title to the <br />Protected Property, it is the intent of the Parties that no merger of title shall take place <br />that would merge the restrictions of this Easement with fee title to the Protected Property <br />and thereby eliminate them, and that the restrictions on the use of the Protected Property,, <br />as embodied in the Easement, shall, in the event that all or a portion of title become <br />vested in Grantee or Co -Grantee, become and remain permanent and perpetual <br />-32- <br />