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200203846 i. Any other use or practice that is inconsistent with the stated reasons for this Agreement, or that would injuriously affect the Easement area. B. The term of this Non - Continuous Easement will be for three (3) consecutive years, which may be extended if mutually agreed to, in writing, and signed by both the Commission and the Department. 2. Condition of the Easement Area at time of Grant. The condition of the Easement Area at the time of this grant shall mean the immediate access to the easement site. for the construction of wells. 3. Protection and Maintenance of the Easement Area. A. The Commission agrees at the Commission's own cost and expense to protect and maintain the easement site in the same condition existing at the time of this grant except as otherwise authorized by this non - continuous easement. B. The Commission agrees to pay any real estate taxes, estate taxes or assessments levied by competent authorities on the Easement Area, including but not limited to any tax or assessment affecting the easement granted herein. C. The Department shall be responsible for decommissioning said well upon easement area if the Commission determines said well is to be decommissioned at the end of the three (3) year easement period. D. The Department shall be responsible for instructing all contractor's involved in the installation of wells to comply with any special provisions of the property owner which the property owner has requested in writing to the Department. 4. Inspection, Educational Use and Access by the Department. The Department shall have the right of reasonable ingress and egress to and from the Easement Area from public roads and streets and from adjacent properties for its employees, contractors, vehicles and equipment for the purpose of access to the Easement Area as the Department may deem necessary or desirable. 5. Enforcement. The Department agrees that the Commission may enforce the provisions of this Non - Continuous Easement by any proceeding at law or in equity, including but not limited to, the right to require restoration of the Easement Area to the condition at the time of this grant if so requested in writing, and provided that said request is made at the end of said easement period of three (3) years. The Department further agrees that the Commission may seek an injunction restraining any person from violating the terms of this Non - Continuous Easement and that the Commission does not waive or forfeit the right to take any action as it deems necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. The Department further agrees that should the Department undertake any activity requiring the