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200406870 easement to use the Grantor Property for construction activities incident to the construction of certain roadway improvements and the grading, sloping, seeding, mulching and maintaining of the Easement Area together with the right of ingress and egress to and from the same, on, over, under and through the Easement Area and the Grantor Property. 2. Grant of Grading Easement. Grantor hereby grants to Wal -Mart, its affiliates, heirs, successors, assigns, agents, licensees and invitees for the benefit of the Wal -Mart Property a temporary easement for the grading, sloping, seeding, mulching and maintaining of the Easement Area in accordance with the grading plan attached hereto as Exhibit D. Upon Wal- Mart's completion of the grading activities, Wal -Mart shall, at Wal -Mart's expense, restore the Easement Area to seeded condition. 3. Grant of Slope Easement. For the benefit of the Wal -Mart Property and Wal- Mart, its affiliates, heirs, successors, assigns, agents, licensees and invitees, Grantor hereby declares and restricts the Easement Area with the restriction that Grantor shall take no action which would interfere with the structural integrity of the slope of the Easement Area as constructed by Wal -Mart without the express approval of Wal -Mart. 4. Crop Damage. To the extent that either Grantee or its agents cause any damage to any crops located on the Easement Area, Grantee shall reimburse Grantor an amount equal to $602 per acre of such damaged crops; provided that (a) the total of all amounts paid by Grantee to reimburse the Grantor pursuant to this Section 4 shall under no circumstances exceed the amount of $1,000 and (b) Grantor provides Grantee with all supporting and related evidence necessary to substantiate the damage to crops and the number of acres affected thereby. 5. Relocation of Irrigation Equipment. To the extent that Grantee's construction activities require relocation of any irrigation equipment located within the Easement Area, Grantee shall reimburse Grantor for the actual cost of relocating such irrigation equipment; provided that (a) the total of all amounts paid by Grantee to reimburse the Grantor pursuant to this Section 5 shall under no circumstances exceed the amount of $1,000 and (b) Grantor provides Grantee with all supporting and related evidence necessary to substantiate the actual cost of the relocation of such irrigation equipment. 6. Duration. The easements and all interests granted in Sections 1 and 2 of this Easement shall terminate and be of no further effect upon the date that is twelve (12) months from the date of this Easement. The easements and all interests granted in Section 3 of this Easement shall be effective in perpetuity and shall run with and bind the Easement Area and benefit the Wal -Mart Property. 7. No Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Grantor Property and Easement Area to the general public, or for any public use, or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third -party, nor shall any third -party be deemed to be a beneficiary of any of the provisions contained in this Easement. 01- 599159.2 2