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18 <br />Breeze Fann Conservation Easement (Phase II) Draft #3 CLEAN <br />or imminent violation could irreversibly diminish or impair the Conservation Values of the <br />Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to <br />cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction <br />to stop a violation or a threatened violation, temporarily or permanently. The parties agree that a <br />court may issue an injunction or order requiring the Grantor to restore the Property to its <br />condition prior to the violation, as restoration of the property may be the only appropriate <br />remedy. In any case where a court finds that a violation has occurred, the Grantor shall <br />reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including <br />but not limited to reasonable attorneys' fees. The failure of Grantee to discover a violation or to <br />take immediate legal action shall not bar it from doing so at a later time for that violation or any <br />subsequent violations. In arty case where a court finds no such violation has occurred, each party <br />shall bear its own costs. In any case where the court finds that there was a complete absence of a <br />justiciable issue of either law or fact raised by the losing party, the court may award a reasonable <br />attorney's fee to the prevailing party as provided by applicable law. To the extent required by <br />law, the preceding sentence does not apply to the United States should the United States become <br />the Grantee under this easement. <br />In the event that Gr-antee fails to enforce .any of the terms of this Conservation Easement, <br />as determined in the sole discretion of the Commissioner of Agriculture of the State, the <br />Commissioner of Agriculture, and his or her successors and assigns, shall have the right to <br />enforce the terms of the Conservation Easement through any and all authorities available under <br />federal or state law. In the event that Grantee attempts to terminate, transfer, or otherwise divest <br />itself of any rights, title, or interests of this Conservation Easement without the prior written <br />consent of the Commissioner of Agriculture and payment of consideration to the NCDACS, then, <br />at the option of the Commissioner of Agriculture, all right, title and interest in this Conservation <br />Easement shall become vested in the NCDACS. <br />Under this Conservation Easement, the United States is granted the right of enforcement <br />in order to protect the public investment. The Secretary of the United States Department of <br />Agriculture (the Secretary) or his or her assigns, on behalf of the United Sates, may exercise this <br />right of enforcement under any authority available under State or Federal law if the Grantee or <br />NCDACS fails to enforce any of the terms of this Conservation Easement, as determined in the <br />sole discretion of the Secretary. <br />19. Transfer of Conservation Easement <br />Subject to the contingent rights of the NCDACS and the United States as specified in <br />Paragraph 18 (Enforcement) and other pertinent paragraphs herein, and with timely written notice <br />to and approval of the NCDACS and the United States, Grantee shall have the right to transfer <br />the Conservation Easement created by this Deed to any public agency, provided the agency or <br />organization expressly agrees to assume the responsibility imposed on the Grantee by this Deed <br />and has the necessary authority to hold and administer conservation easements. <br />Page 13 of 20 <br />