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...l~ouuuu~n~ 'fi <br />respect to any judicial proceeding. Such portion shall be equal to the fair market value of the <br />State's, its successors' and assigns', interest in the Easement Area on the date of the recording of <br />this Conservation Easement. The State shall use its share of the Proceeds of Sale in a manner <br />consistent with the conservation purposes set forth herein. <br />E. Acts Beyond Grantor's Control. Nothing contained in this Conservation <br />Easement shall be construed to entitle the State to bring any action against Grantor for any injury <br />or change in the Easement Area caused by third parties, resulting from causes beyond the <br />Grantor's control, including, without limitation, fire, flood, storm, and 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 Easement Area or harm to the Easement <br />Area resulting from such causes. <br />F. Costs of Enforcement. Any costs incurred by the State in enforcing the terms of <br />this Conservation Easement against Grantor, including, without limitation, any costs of <br />restoration necessitated by Grantor's acts or omissions in violation of the terms of this <br />Conservation Easement, shall be home by Grantor. <br />G. Na Waiver. Enforcement of this Conservation Easement shall be at the <br />discretion of the State and any forbearance by the State to exercise its rights hereunder in the <br />event of any breach of any term set forth herein shall not be deemed or construed to be a waiver <br />by the State of such term or of any subsequent breach of the same or of any other term of this <br />Conservation Easement or of the State's rights. No delay or omission by the State in exercise of <br />any right or remedy shall impair such right or remedy or be construed as a waiver. <br />ARTICLE V. TITLE <br />The Grantor covenants and represents and warrants (i) that the Grantor is the sole owner <br />and is seized of the Property and the Easement Area in fee simple and has good right to grant and <br />convey the aforesaid Conservation Easement; (ii) that there is legal access to the Property and <br />the Easement Area, that the Easement Area is free and clear of any and all encumbrances, except <br />those permitted exceptions shown on the attached Exhibit A, none of which would nullify, <br />impair or limit in any way the terms or effect of this Conservation Easement; and (iii) Grantor <br />shall defend its title against the claims of all persons whomsoever, and Grantor covenants that <br />the State, its successors and assigns, shall have the right to monitor and defend the terms of the <br />aforesaid Conservation Easement. <br />ARTICLE VI. MISCELLANEOUS <br />A. Stewardship of the Conservation Easement. Pursuant to the terms of the Grant <br />Agreement, the Grantor hereby covenants and agrees that it will monitor and observe the <br />Easement Area in perpetuity to assure compliance with the purposes and provisions of this <br />Conservation Easement and the provisions of the Grant Agreement, and that it will report on the <br />condition of the Easement Area, or provide for such reporting, to the State and the Fund no less <br />frequently than once a year; and further will report immediately to the State and the Fund any <br />observed and/or known violations of this Conservation Easement or the Grant Agreement. <br />