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For the Commissioner of Natural Resources at: <br />Name; Wayne Sames <br />Address: Office of Planningw <br />500 Lafayette Road <br />St. Paul. MN 55155-4010 <br />Section 7.12 Assignment or Modification. This Agreement shall be binding upon and <br />inure to the benefit of the Agency and the State, and their respective successors and assigns. <br />Provided, however, that neither the Agency nor the State may assign any of its rights or <br />obligations under this .Agreement without the prior written consent of the other party. No change <br />or modification of the terms or provisions of this Agreement shall be binding on either party <br />unless the change or modification is in writi- ' and signed by an authorized official of the party <br />against which said change or modification is .o be imposed and approved, if necessary, by the <br />Finance Commissioner. <br />Section 7.13 Waiver. Neither the failure by the Agency or the State, in any one or more <br />instances, to insist upon the complete and total obser\ ance or performance of any term or <br />provision hereof, nor the failure of the Agency or the State to exercise any right, privilege, or <br />remedy conferred hereunder, or afforded by law. shall be construed as waiving any breach of <br />such term, provision, or the right to e.xercise such right, privilege, or remedy thereafter. In <br />addition, no delay on the part of either the State or the Agency in exercising any right or remedy <br />hereunder shall operate as a waiver thereof, nor shall any single or partial e.xercise of any right or <br />remedy preclude other or further exercise thereof, or the exercise of any other right or remedy. <br />Section 7.14 Conversion of Use/Permanent Record Requirement. It is the intention <br />of the State that the property acquired under this agreement shall exist in the Agency's ownership <br />and be maintained and managed consistent w ith the purpose and type of property to properly <br />protect the natural and/or scenic resources in perpetuity. The .Agency shall not at any time <br />convert any property acquired or developed pursuant to this agreement to uses other than the uses <br />specified in this Agreement w ithout the prior written approval of the State. <br />The Agency shall have the follow ing condition recorded with the deed and submit a copy <br />to the Stale. <br />In ( rder to comply with the Department of Natural Resources, Natural and Scenic <br />Area Project Agreement, the City of Orono does hereby impose the following restrictions on <br />the property: <br />1. The property shall be managed and maintained consistent with the purpose and type <br />of property acquired using appropriate management and protection practices to protect the <br />natural and/or scenic resources. <br />2. The property may not be used for any other purpose without the express written <br />approval of the Commissioner of the Minnesota Department of Natural Resources. <br />Section 7.15 Resource Protection, Management. The Agency shall protect, manage <br />and maintain, or cause to be maintained, the property acquired pursuant to this Agreement. <br />Properties shall be kept reasonably safe for public use, if applicable. All state and federal <br />accessibility laws, regulations and standards shall be adhered to. Fire prevention, vegetation <br />management and similar safeguards and use supervision shall be provided to the extent feasible. <br />41.