Temporary Flowage Easement from FPL to the United States Sample Clauses

Temporary Flowage Easement from FPL to the United States. Upon the execution of this Exchange Agreement, the Parties will execute, in recordable form, the Temporary Flowage Easement in substantially the form attached as Appendix 3. Such Temporary Flowage Easement is being granted by FPL to further enable the implementation of changes to operations of the Central and Southern Florida Project to effectuate Everglades restoration goals and purposes and in recognition of the commitments and timelines set forth herein. The Temporary Flowage Easement shall immediately terminate and will be null and void (i) should any person file a legal action challenging the Record of Decision or the underlying environmental compliance, and (ii) such action or any effect thereof delays, halts or otherwise adversely impacts the exchange contemplated under this Exchange Agreement, including but not limited to causing such exchange to be voided. The mere filing of such a legal action, however, shall not automatically void the Temporary Flowage Easement and the parties will work together to respond effectively and affirmatively to support the implementation of the Record of Decision and the terms and conditions of this Exchange Agreement.
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