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gvnK 1572 Pti~~ X65 <br />• in a court of competent jurisdiction; and/or to recover any 21 <br />damages arising from the noncompliance. Grantor agrees that <br />Grantee's remedies at law for any violation of the terms of this <br />Conservation Easement are inadequate and that Grantee shall be <br />entitled to the injunctive relief described in this paragraph, <br />both prohibitive and mandatory, in addition to such other relief <br />to which Grantee may be entitled, including specific performance <br />of the terms of this Conservation Easement, without the necessity <br />of proving either actual damages or the inadequacy of otherwise <br />available legal remedies. Grantee's remedies described in this <br />paragraph are cumulative and in addition to all remedies now or <br />hereafter existing at law or in equity. Damages, when recovered, <br />may be applied by Grantee, in its sole discretion, to corrective <br />action on the Protected Property. Any costs incurred by Grantee <br />in enforcing the terms of this Conservation Easement against <br />Grantor, including, without limitation, costs of suit and <br />attorneys' fees, and any costs of restoration necessitated by <br />Grantor's violation of the terms of this Conservation Easement <br />shall be borne by Grantor. If Grantor prevails in any action to <br />enforce the terms of this Conservation Easement, Grantor's costs <br />of suit, including, without limitation, attorneys' fees, shall be <br />borne by Grantee. <br />9.1. Emergencv Enforcement. If Grantee, in its sole <br />discretion, determines that circumstances require immediate <br />action to prevent or mitigate significant damage to the <br />conservation values of the Protected Property, Grantee may pursue <br />11 <br />,.~,,,a, <br />