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17 <br />Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN <br />(b) Upkeep and Maintenance -The Grantor retains all responsibilities and shall bear <br />all costs and liability of any kind related to the ownership, operation, and upkeep and <br />maintenance of the Property, including the maintenance of adequate comprehensive general <br />liability insurance coverage. Grantee, NCDACS, and the United States shall have no obligation <br />for the upkeep or maintenance of the Property. Grantor will remain responsible for upkeep, <br />maintenance, and repairs to any impoundments located on the Property. <br />(c) Liability and Indemnification -Grantor agrees to indemnify and hold Grantee, <br />NCDACS, and the United States harmless from any and all costs, claims or liability, including <br />but not limited to reasonable attorneys' fees arising from any personal injury, accidents, <br />negligence or damage relating to the Property, or any claim thereof, unless due to the negligence <br />of Grantee or agents of Grantee, in which case liability shall be as provided by law. In addition, <br />Grantor agrees to maintain liability insurance covering the Property with the limits as follows: (i) <br />$300,000 per person for personal injury or death, $300,000 per occurrence, and (ii) $300,000 per <br />occurrence for property damage; and warrant-that Grantee is and will remain a named insured on <br />Grantor's property insurance policies covering the Property. Grantor shall provide Grantee with <br />a certificate of insurance coverage on the effective date of this Conservation Easement and within <br />10 days of each insurance renewal date. <br />(d) Baseline Documentation Report -Grantee shall maintain the Baseline <br />Documentation Report based on annual monitoring of the Property in accordance with its <br />adopted procedures and standards. <br />(e) Conservation Plan -Grantee shall ensure that farm operations are in compliance <br />with the Conservation Plan for the Property. <br />(f) Investigation -Grantee shall investigate any suspected violations of this <br />Conservation Easement, and inform NRCS and the NCDACS (or the relevant successor <br />agencies) of any such-violations. <br />(-g) Reporting -Grantee shall provide an annual monitoring report to NRCS and-the <br />NCDACS. which shall set forth any necessary actions needed to maintain compliance with the <br />terms of this Conservation Easement. Enforcement of the terms of this Conservation Easement <br />shall be in accordance with Paragraph 18 (Enforcement). <br />18. Enforcement <br />The Grantee shall have the primary responsibility for enforcement of the terms of this <br />Conservation Easement, subject to the rights of the NCDACS and the United States. With <br />reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, Grantee shall <br />have the right to enter the Property for the purpose of inspecting for compliance with the terms of <br />this Conservation Easement. Grantee shall have the right to prevent violations and remedy <br />violations of the terms of this Conservation Easement through judicial action, which shall <br />include, without limitation, the right to bring proceedings in law or in equity against any party or <br />parties attempting to violate the terms of this Conservation Easement. Except when an ongoing <br />Page 12 of 20 <br />