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200203846 approval of the Commission without or in advance of securing such approval, or undertake any activity in violation of the terms of this Non - Continuous Easement that the Commission shall have the right to enforce the restoration of that portion of the Easement Area affected by such activity to the condition that existed prior to the undertaking of such unauthorized activity. In such case, the cost of such restoration shall be paid by the Department. 6. Title to Easement Area. The Commission covenants that the Commission is the owner of marketable title to all of the Easement Area, has legal right, title, and capacity to grant the Non - Continuous Easement granted herein subject to easements and restrictions of record. 7. Binding Affect. The Non - Continuous Easement granted herein shall run with the land and shall inure to the benefit of and is binding upon the heirs, successors and assigns of the Commission and Department. 8. Recordation. The parties agree that this Agreement shall be duly filed by the Department with the Register of Deeds of any county, containing the situs of said Easement upon execution and acceptance by the Commission. Filing fees shall be paid by the Department. 9. Severability. If any provision of this Non - Continuous Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Non - Continuous Easement and the application of such provisions to persons or circumstances other than those to which it is found to be invalid shall not be affected thereby.