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6.C. - Page 10 of 147 <br />only for the purposes granted in this Agreement and to prevent use of the Cargill Property by <br />unauthorized parties. The terms of this Section 3 are collectively referred to in this Agreement <br />as the "Access Protocols." <br />4. Protection of Cargill Facilities and Existing Easements. In connection with the <br />activities authorized by this Agreement, including any Work, each Grantee Agency shall <br />exercise, and shall cause its contractors to exercise, all necessary steps and precautions to protect <br />in place certain Cargill facilities currently in place within the Culvert Easement Area and Culvert <br />Access Area and labeled and depicted on Exhibit "D" hereto, including the "Belle Haven Pump <br />Station," existing water and electric service lines to the Belle Haven Pump Station, the "Belle <br />Haven Outfall Pipe," the "TransBay Pipeline," which lies, at times, above -ground or <br />underground within the Cargill Property, the "Belle Haven Brine Channels," and related <br />"Cargill Pipes" (collectively, the "Cargill Facilities"). Further, each Grantee Agency <br />understands and acknowledges that the rights granted in this Agreement are subject to, and shall <br />not unduly burden or interfere with those existing easements within the Culvert Easement Area <br />and Culvert Access Area as depicted on Exhibit "D" attached hereto, as set forth in that certain <br />Preliminary Report dated December 17, 2020, or otherwise existing on record (the "Existing <br />Easements"), and that each Grantee Agency shall exercise, and shall cause its contractors to <br />exercise, all necessary steps and precautions to protect in place any existing facilities or other <br />infrastructure in place under the Existing Easements. Prior to initiating any Work, a Grantee <br />Agency shall provide Cargill with a description of the means and methods proposed by the <br />Grantee Agency's contractors for Cargill's review and approval in writing, such approval not to <br />unreasonably be withheld, conditioned or delayed, for the protection of the Cargill Facilities and <br />Existing Easements. If such proposed Work includes construction or other invasive activity that <br />may physically impact the TransBay Pipeline ("Invasive Activity"), Grantee Agencies shall <br />require their contractors to identify and mark the location of the TransBay Pipeline in the field in <br />order to prevent damage to the TransBay Pipeline during any such construction or other Invasive <br />Activity, to the extent that Cargill has not already marked the location of the Transbay Pipeline, <br />and Cargill shall cooperate in good faith with the Grantee Agencies to locate the TransBay <br />Pipeline. To the extent any proposed Work would potentially interfere with Existing Easements <br />and related infrastructure and access rights, the Grantee Agency proposing such Work shall <br />provide temporary, alternative facilities, for infrastructure, or temporary detours, for any access <br />easements impacted by Work, which are suitable in writing to the grantee(s) of such Existing <br />Easements, with written evidence of same to be provided to Cargill prior to the initiation of any <br />such Work. Any damage or material disruption to Cargill Facilities or Existing Easements <br />arising from the operation, repair, and/or maintenance of the Box Culvert Improvements or other <br />Invasive Activities undertaken by a Grantee Agency shall be repaired and/or corrected promptly <br />at such Grantee Agency's sole expense. A Grantee Agency shall keep Cargill reasonably <br />informed on the progress of any invasive activities authorized by this Agreement and undertaken <br />by such Grantee Agency, including periodic written status reports. At the conclusion of any <br />Invasive Activities authorized by this Agreement, the Grantee Agency undertaking such <br />activities shall: (i) remove all equipment, tools or other property brought onto the Cargill <br />Property, except for the Box Culvert Improvements and any other improvements authorized by <br />this Agreement, and (ii) restore the Cargill Property to its original condition, except to the extent <br />that such property is altered as a result of the permanent improvements authorized by this <br />Agreement. Cargill may mark the location of the Transbay Pipeline within the Culvert Easement <br />Area with signage, warning of the pipeline's existing and location. <br />5 <br />103 <br />