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13 <br />Covey Creek Conservation Easement (Underwood) Draft 6/3/09 BOCC <br />per person for personal injury or death, up to $300,000 per occurrence; and (ii) $300,000 per <br />occurrence for property damage; and warrant that Grantee is and will remain a named insured on <br />Easement Area insurance policies covering the Easement Area. Grantor shall provide Grantee <br />with a certificate of insurance coverage on the effective date of this Conservation Easement and <br />within 10 days of each insurance renewal date. <br />6. ACCESS. No right of access by the general public to any portion of the <br />Easement Area is conveyed by this Conservation Easement. However, the public has the right to <br />view the Easement Area from adjacent publicly accessible areas such as public roads and <br />waterways. <br />7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br />violations of the terms of this Conservation Easement. <br />(a) With reasonable advance notice provided to the Grantor or with the Grantor's <br />prior verbal consent, the Grantee shall have the right to enter the Easement Area for the purpose <br />of inspecting for compliance with the terms of this Conservation Easement. The Grantee shall <br />have the right to prevent violations and remedy violations of the terms of this Conservation <br />Easement through judicial action, which shall include, without limitation, the right to bring <br />proceedings in law or in equity against any party or parties attempting to violate the terms of this <br />Conservation Easement. Except when an ongoing or imminent violation could irreversibly <br />diminish or impair the conservation values of the Easement Area, the Grantee shall give the <br />Grantor written notice of the violation and thirty (30) days to cure the violation, before <br />commencing any legal proceedings. The Grantee may obtain an injunction to stop a violation or <br />a threatened violation, temporarily or permanently. The parties agree that a court may issue an <br />injunction or order requiring the Grantor to restore the Easement Area to its condition prior to the <br />violation, as restoration of the property may be the only appropriate remedy. In any case where a <br />court fmds that a violation has occurred, the Grantor shall reimburse the Grantee for all its <br />expenses incurred in stopping and correcting the violation, including but not limited to <br />reasonable attorneys' fees. In any case where a court finds no such violation has occurred, each <br />party shall bear its own costs. In any case where the court finds that there was a complete <br />absence of a justiciable issue of either law or fact raised by the losing party, the court may award <br />a reasonable attorney's fee to the prevailing parry as provided by law. The failure of the Grantee <br />to discover a violation or to take immediate legal action shall not bar it from doing so at a later <br />time for that violation or any subsequent violations. <br />(b) Grantee shall not bring any action against Grantor for any injury or change to the <br />Easement Area caused by third parties, or resulting from causes beyond the Grantor's control, <br />including, without limitation, fire, flood, storm and naturally caused earth movement, or from <br />any prudent action taken in good faith by the Grantor under emergency conditions to prevent, <br />abate, or mitigate significant injury to life, damage to the Easement Area or harm to the <br />Easement Area resulting from such action. <br />Page 10 of 16 <br />