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repair or replace such Project in the manner prescribed by RD whenever RD shall reasonably <br /> determine in good faith that such repair or replacement is required in the interest of RD. Any such <br /> repair or replacement ordered by RD, which shall not have been performed by Permittee within ten <br /> (10)days after written notice has been given by RD,may be performed by RD,at Permittee's expense <br /> and Permittee shall promptly reimburse RD therefore. <br /> 6. RD reserves the right of access to the portion of its levee and right of way for such maintenance, <br /> repairs or alterations of RD facilities or of the facilities described above as may be required for <br /> reclamation purposes. RD shall not be responsible for any damage done to surface improvements of <br /> Permittee whether herein permitted or otherwise where necessary as part of the ordinary and necessary <br /> access to or exercise of its levee and right of way for reclamation purposes and need not replace any <br /> improvement required to be removed in the process of such maintenance, repair or alteration. <br /> Permittee shall reimburse RD for any reasonable increased cost of such access occasioned by the <br /> improvements of Permittee described herein. <br /> 7. Permittee may make no alteration or improvement of any portion of RD's levee and right of way not <br /> specifically herein permitted without the further permission of RD. <br /> 8. This Permit is revocable in whole or in part by RD on ten(10)days written notice to Permittee when <br /> such revocation is determined by Board of Directors to be necessary for RD purposes. <br /> 9. Upon the failure of Permittee to conform to any of the covenants and conditions herein specified,this <br /> Permit shall, at the option of RD, cease and terminate and RD may remove the encroachment or <br /> improvement above described together with any appurtenances thereto located within the levee and <br /> right of way of RD and Permittee shall promptly pay to RD all costs and expenses incurred in such <br /> removal. <br /> 10. The grant of this Permit shall not be deemed to include the right to use or pass over property not <br /> belonging to or under the control of RD,it being specifically understood and agreed that the Permittee <br /> shall obtain the approval of all necessary other landowners before using or entering and/or passing <br /> over private property. <br /> 11. The Permittee shall be responsible for removing all trash and debris that collects within and about the <br /> area the subject of this Permit. <br /> 12. With the execution and delivery of this Permit by Permittee to the District,the Permittee submits to the <br /> District its check in the amount of$1,000.00,receipt of which is hereby acknowledged by the District, <br /> as a security deposit for the faithful performance of Permittee's obligation to reimburse the District for <br /> the District's reasonable out-of-pocket legal and engineering costs incurred in reviewing,preparing and <br /> processing this Permit and inspecting all work within the scope of this Permit.When the Permittee has <br /> completed the construction and installation of the Project in accordance with this Permit and has <br /> provided the District with all required drawings and documentation, and the District's legal counsel <br /> and engineer have approved the same, and there is no remaining unpaid obligations due from the <br /> Permittee to the District, then and at that time the District will return the security deposit to the <br /> Permittee.This security deposit is not intended to limit,in any way,the Permittee's financial obligation <br /> to the District or to replace the Permittee's obligation to reimburse the District for its reasonable out-of- <br /> pocket costs and expenses hereunder. <br /> The Pennittee's obligation to reimburse the District for its reasonable out-of-pocket costs and expenses <br /> in accordance with this Permit shall continue beyond the completion of the construction of Project.All <br /> 2 of 4 <br />