2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well

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i~iiio~iruuiu breach of the terms of this Conservation Easement by Grantor that comes to the attention of the State, the State shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the State may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The State shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b} to otherwise preserve or protect its interest in the Easement Area; or {c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the State reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and State acknowledge that under such circumstances damage to the State would be irreparable and remedies at law will be inadequate. The rights and remedies of the State provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to the State in connection with this Conservation Easement, including, without limitation, those set forth in the Grant Agreement under which this Conservation Easement was obtained. B. Right of Entry and Inspection. State, its employees and agents and its successors and assigns, and the Fund, have the right, with reasonable notice, to enter the Property and Easement Area at reasonable times for the purpose of inspecting the Easement Area to determine whether the Grantor, Grantor's representatives, successors or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Condemnation. Whenever all or part of the Easement Area is taken by exercise of eminent domain by public, corporate or other authority, or by negotiated sale in lieu of condemnation, so as to abrogate the restrictions imposed by this Conservation Easement, the Grantor shall immediately give notice to the State and the Fund, and shall take all appropriate actions at the time of such taking or sale to recover the full value of the taking and all incidental or direct damages resulting from the taking. The State, its successors and assigns, shall be entitled to a portion of the proceeds of such sale, exchange, involuntary conversion of the Easement Area, or any damage award with respect to any judicial proceeding. Such portion shall be equal to the fair market value of the State's, its successors' and assigns', interest in the Easement Area on the date of the recording of this Conservation Easement. "Proceeds of Sale" shall mean the cash value of all money and property paid, transferred or contributed in consideration for, or as otherwise required as a condition to the sale, exchange or involuntary conversion of the Easement Area, or any damages otherwise awarded as a result of judicial proceeding, minus the Grantor's expenses from such transaction or proceeding. The State shall use its share of the Proceeds of Sale in a manner consistent with the conservation purposes set forth herein. D. Changed Conditions. When a change in conditions gives rise to the extinguishment of this Conservation Easement or a material term or provision hereof by judicial proceeding, the State, its successor and assigns, shall be entitled to a portion of the proceeds of such sale, exchange, involuntary conversion of the Easement Area, or any damage award with