Orange County NC Website
Browse       Search
aa~n 1572 Pti~:566 22 <br />its remedies under this paragraph without prior notice to Grantor <br />or without waiting for the period for cure to expire. In that <br />event, the provisions of paragraph 9 related to the costs of <br />enforcement shall pertain. <br />9.2 Failure to Act or Delav. Grantee does not waive or <br />forfeit the right to take action as may be necessary to ensure <br />compliance with this Conservation Easement by any prior failure <br />to~act and Grantor hereby waives any defenses of waiver, estoppel <br />or laches with respect to any failure to act or delay by <br />Grantee, its successors or assigns, in action to enforce any <br />restriction or exercise any rights under this Conservation <br />Easement. <br />9.3 Violations Due to Causes Bevond Grantor's Control. <br />Nothing hereby shall be construed to entitle Grantee to institute <br />any enforcement proceedings against Grantor for any changes to <br />the Protected Property due to causes beyond Grantor's control, <br />such as changes caused by fire, flood, storm, earthquake or the <br />unauthorized wrongful acts of third persons. In the event of <br />violations of this Conservation Easement caused by the <br />unauthorized wrongful acts of•third persons, Grantor agrees, upon <br />request by Grantee, to assign its right of action to Grantee, to <br />join in any suit, or to appoint Grantee its attorney-in-fact for <br />the purposes of pursuing enforcement action, all at the election <br />of Grantee. <br />10. Parties Subject to Easement. The covenants agreed to <br />and the terms, conditions, and restrictions imposed by this grant <br />12 <br />n~ <br />