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Sykes Agricultural ConseYVation Easement Draft #3 CLEAN ~ 8
<br />any taxes or assessments on its interest in the Protected Propez~ty, the Grantor will reimburse
<br />Grantee for the same.
<br />(b) Upkeep andMaintenance -The Grantor retains all responsibilities and shall bear
<br />all casts and liability of any kind related to the ownership, operation, and upkeep and
<br />maintenance of the Protected Property, including the maintenance of adequate comprehensive
<br />general liability insurance coverage. Grantee and the United States shall have no obligation for
<br />the upkeep or maintenance of the Protected Property. Grantor will remain responsible for
<br />upkeep, maintenance, and repairs to any impoundments located on the Protected Propez~ty.
<br />~c) Liability and Indemn~cation ~ Grantor agrees to indemnify and hold Grantee
<br />harmless from any and all casts, claims or liability, including but not limited to reasonable
<br />attorneys' fees, arising from ~i} any personal injury, accidents, negligence or damage relating to
<br />the Protected Propeny, or any claim thereof; (ii} any violation of any federal, state or local
<br />environmental or land use law or regulation or the use of or presence of hazardous substances,
<br />waste or other regulated materials in, on or under the Protected Property; and viii} Grantee's
<br />exercise of its rights of entry pursuant to this Conservation Easement; provided, however that if
<br />such costs, claims ar liability are due in whole ar in part to the negligence of Grantee or its
<br />agents, contractors or employees, liability shall be apportioned accordingly.
<br />In addition, Grantor agrees to maintain liability insurance covering the Protected
<br />Property with the limits as follows: ~i} $300,000 per person for personal injury or death,
<br />$300,000 per occurrence, and iii} $300,000 per occurrence for property damage; and warrant that
<br />Grantee is and will remain a named insured on Grantor's property insurance policies covering the
<br />Protected Property. Grantor shall provide Grantee with a certificate of insurance coverage on the
<br />effective date of this Conservation Easement and within 10 days of each insurance renewal date.
<br />. Grantor shall indemnify and hold harmless the United States, its employees,
<br />agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines,
<br />fees penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf
<br />of any person or governmental authority, and other liabilities whether legal or equitable in nature
<br />and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees
<br />on appeal} to which Grantee maybe subject or incur relating to the Protected Property, which
<br />may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach
<br />of any representation, warranty, covenant, agreements contained in this Conservation Easement
<br />Deed, or violations of any Federal, State, or local laws, including all Environmental Laws.
<br />I8. Enforcement
<br />Grantee shall have the primary responsibility for enforcement of the terms of this
<br />Conservation Easement, subj ect to the rights of the United States. with reasonable advance
<br />notice to the Grantor or with the Grantor's prior verbal consent, Grantee shall have the right to
<br />enter the Protected Property for the purpose of inspecting for compliance with the terms of this
<br />Conservation Easement. Grantee shall have the right to prevent violations and remedy violations
<br />of the terms of this Conservation Easement through judicial action, which shall include, without
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