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(a) Taxes -The Grantors shall be solely responsible for payment of all taxes and <br />assessments levied against the Easement Area. <br />(b) Upkeep and Maintenance -The Grantee shall have no obligation for the upkeep or <br />maintenance of the Easement Area. The granting of this Conservation Easement <br />shall not in and of itself be construed to create or impose upon the Grantors any <br />obligation for the upkeep or maintenance of the Easement Area except to the <br />extent elsewhere required by this Conservation Easement. <br />6. ACCESS. No right of access by the general public to any portion of the <br />Easement Area is conveyed by this Conservation Easement. However, the public has the right to <br />view the Easement Area from adjacent publicly accessible areas such as public roads and <br />waterways. <br />7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br />violations of the terms of this Conservation Easement. <br />(a) With advance written notice the Grantee may enter the Easement Area for the <br />purpose of inspecting for violations. If the Grantee finds a violation, it may, in its discretion, <br />take appropriate legal action. Except when an ongoing or imminent violation could substantially <br />diminish or impair the conservation values of this Conservation Easement, the Grantee shall give <br />the Grantors written notice of the violation and sixty (60) days to correct it (or begin good faith <br />efforts to correct in the event the violation is something which cannot be reasonably corrected in <br />sixty (60) days) before filing any legal action. Grantee has the right to enforce the terms of this <br />Conservation Easement by civil action, including the remedy of injunction, mandatory and <br />prohibitory. The failure of the Grantee to discover a violation or to take immediate legal action <br />shall not bar it from doing so at a later time. <br />(b) Grantee shall not bring any action against Grantors for any injury or change to the <br />Easement Area caused by third parties, or resulting from causes beyond the Grantors' control, <br />including,. without limitation, fire, flood, storm and naturally caused earth movement, or from <br />any prudent action taken in good faith by the Grantors under emergency conditions to prevent, <br />abate, or mitigate significant injury to life, damage to the Easement Area or harm to the <br />Easement Area resulting from such action. <br />8. TRANSFER OF EASEMENT. The. parties recognize and agree that the benefits <br />of this easement are in gross and assignable. The Grantee shall have the right to transfer or <br />assign this Conservation Easement to any qualified organization that, at the time of transfer, is a <br />"qualified organization" under Section 170(h) of the U.S. Internal Revenue Code and provided <br />the organization expressly agrees to assume the responsibility imposed on the Grantee by this <br />Conservation Easement. If the Grantee ever ceases to exist or no longer qualifies under Sec.. <br />170(h) or applicable state law, a court with jurisdiction is hereby authorized to transfer this <br />Page 8 of 15 <br />