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of the Project and/or the enforcement of any condition or covenant of this Permit required of the <br /> Permittee to be performed, shall be paid by Permittee to the District within sixty (60) days of the <br /> Permittee's receipt of the District's statement setting forth the same. <br /> 13. In the event that RD is required to take any action to enforce any term or obligation on the part of <br /> Permittee to be performed under this Permit,then and in such event Permittee shall reimburse RD for <br /> RD's reasonable out-of-pocket legal and engineering costs incurred in enforcing the terms and provisions <br /> of this Permit. <br /> All of RD's reasonable costs and expenses associated with the reconstruction,repair,operation and/or <br /> maintenance of the levee resulting from the Project and/or the enforcement of any condition or covenant <br /> of this Permit required of the Permittee to be performed,shall be paid by Permittee to RD within sixty <br /> (60)days of the Permittee's receipt of RD's statement setting forth the same. <br /> 14. If and in the event that in the sole discretion of RD an emergency exists or may arise which requires that <br /> work be performed on the levee, banks, slopes or other RD facilities in the immediate area of said <br /> Project, then and in that event RD reserves the right to take such action as it deems necessary, and <br /> Permittee hereby gives to said RD, its agents,employees or contractors, the right and permission, at <br /> Permittee's cost and expense, to remove, from the levee or the vicinity of the levee, any and all <br /> equipment,materials,supplies and appurtenances owned and/or used by the Permittee in connection with <br /> the Project. If reasonably possible,RD shall give 48 hours advance notice to the Permittee to enable the <br /> Permittee to take such action as may be necessary to protect its equipment placed on RD's levee in <br /> accordance with this Permit. If RD is unable to give such notice, it shall give advance notice at the <br /> earliest time reasonably possible. An emergency means a sudden or unexpected occurrence involving a <br /> clear and imminent danger,demanding immediate action to prevent or mitigate loss of,or damage to,life, <br /> health,property or essential public services. If made in good faith,the decision of RD as to when an <br /> emergency situation exists shall be final and RD shall have no liability or responsibility to the Permittee, <br /> its employees, agents or contractors in the exercise of the power herein reserved. <br /> 15. The Permittee shall not at any time block the crown of the levee or the access of RD over the levees of <br /> RD. All automobiles, equipment and materials used by the Permittee in connection with this Project <br /> shall be parked or placed off of the said roadway. Any temporary storage of vehicles,equipment and <br /> materials required on the levee shall be subject to the prior approval of RD. Any vehicles,equipment, <br /> materials,and/or other types of levee encroachments stored by the Permittee without the prior approval <br /> of RD shall be cause for its removal from the levee at the Permittee's expense. <br /> 16. The term of this permit is for a period commencing with the date that a fully executed copy of this Permit <br /> is received by RD and ending on April 15,2018, subject to the provisions of section 14, above. <br /> 17. In the event that the Permittee fails to abide by any of its obligations under this Permit in a timely manner as <br /> required by this Permit,after the receipt of at least five(5)days prior written notice (except in the case of an <br /> emergency under section 14 of this Permit),then and in such event the Permittee shall reimburse RD for its out- <br /> of-pocket expenses in connection with enforcing the Pennittee's obligations under the terms of this Pennit,said <br /> reimbursement to include,but not be limited to,RD's reasonable legal and engineering fees and costs. <br /> 18. Any notice to be given hereunder by either party to the other shall be in writing and shall be given either <br /> by personal delivery,by overnight courier,by fax with a copy sent by U.S.Mail,or by U.S.registered or <br /> certified mail,postage prepaid,with return receipt requested. The Notice shall be addressed to the party <br /> at its address appearing following the party's signature line of this Agreement. Either party may change <br /> its address by written notice in accordance with this paragraph. The Notice will be deemed given as of <br /> 3 of4 <br />