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201806792, And it is agreed as follows: 1. Such recorded Easement shall control except as amended and revised herein 2. No buildings or structures will be constructed or installed on any of the permanent easement areas of the tracts by either party, with the exception of the NRD's earthen levee and any fencing the NRD places along the permanent easement perimeters, and except as otherwise required by applicable laws, regulations or industry standards. 3. If claims or legal actions for damages arise from the NRD's or anyone acting on the NRD's behalf, use of the easements, NRD will be responsible for those claims or legal actions, and will defend, indemnify and hold Mettenbrink harmless in this regard, except to the extent that those claims or legal actions result from the negligence, recklessness or willful misconduct of Mettenbrink or anyone acting on Mettenbrink's behalf or with their permission. 4. NRD shall have the right to temporarily remove all fences from the Easement Area and the Temporary Work Space, as required for purposes of construction or repairs of NRD's levee, and NRD shall repair all fences promptly upon completion of construction or repairs on Mettenbrink's property to substantially the same condition as such fences were in prior to removal by NRD. NRD further shall have the right to install access gates in any fences which cross the Easement Area. NRD and its designated contractors, employees and invitees hereby agree to keep all access gates closed at all times when not in use to prevent the cattle, horses and/or livestock located on the Property from straying. 5. Mettenbrink reserves all underground oil, gas, water and mineral rights under the easement areas, provided that any use or removal thereof shall not involve any entry upon or change to the surface of any of the permanent easement areas or create an actual or potential hazard to the levee or its appurtenances, It is understood that the NRD shall have exclusive use and occupancy of the permanent easement areas. 6. The Temporary Easement on any Tract shall terminate no later than the date twelve (12) months following commencement of construction on that Tract. Prior to the conclusion of the Initial Construction Period, NRD shall dispose of all brush and debris, if any, cleared from the easement areas, and NRD shall grade and slope the Temporary Easement in order to restore the same to its pre -construction grade as near as reasonably possible. 7. The rights granted hereby to the NRD may be assigned by the NRD in whole or in