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f <br /> f/ <br /> • <br /> (a) There shall be no filling, excavation, mining or alteration of the Property that will affect <br /> the success criteria outlined in the Mitigation Plan unless approved in writing in advance by <br /> the USACE,Galveston District. <br /> 4) Rights of Access and Entry <br /> The USACE shall have the right to enter and go upon the Property for purposes <br /> of inspection, and to take actions including but not limited to scientific or <br /> educational observations and studies,and collection of samples. <br /> 5) Enforcement <br /> In the event of a breach of the restrictions by the Owner,or a third party working <br /> with the permission of or under the direction of the Owner, the USACE must be <br /> notified immediately. If the USACE becomes aware of a breach of this <br /> Agreement, the USACE will notify the Owner of the breach. The Owner shall <br /> have thirty (30) days after receipt of such notice to undertake actions that are <br /> reasonably calculated to swiftly correct the conditions constituting the breach. If <br /> the Owner corrects the conditions constituting the breach in a timely and <br /> reasonable manner, no further action is warranted or authorized. If the Owner <br /> fails to initiate such corrective action within thirty (30) days or fails to complete <br /> the necessary corrective action, the USACE may undertake such actions, <br /> including legal proceedings, as are necessary to effect such corrective action. <br /> Any forbearance on the part of the USACE to exercise its rights in the event of a <br /> breach of the restrictions shall not be deemed or construed to be a waiver of their <br /> rights hereunder in the event of any subsequent failure of the Property owner to <br /> comply. <br /> A roved by Property Owner <br /> (C31°... "---/— .7-2- 17 <br /> Signature Date <br /> ( or ,41�ex,a,�,. <br /> Printed N e A.. L. P.....e t <br /> ?C,�••••''•... •• 111 <br /> C, VIACtA4 St4C-. i : • 1l <br /> I <br /> Titlciou / 0, e ��«' :r• <br /> y-t-ter �'awt� �, ,:Qom; <br /> Appro" ved by Applicant 1111'-" eP_____---,---/----- ;41. •••••••..°.s�-, <br /> 3-z- 17 <br /> Signa Date <br /> Cor /4l�xand�- <br /> Printed N e <br /> 047 MA114S'e' <br /> Title <br /> 2 <br />