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<br />R85227 444 12/34
<br />(a) Taxes - The Grantor shall continue to be solely responsible for payment of all
<br />taxes and assessments levied against the Protected Property. If Grantee is ever required to pay
<br />any taxes or assessments on its interest in the Protected Property, the Grantor will reimburse
<br />Grantee for the same.
<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 Protected Property, including the maintenance of adequate co ehensive
<br />general liability insurance coverage. Grantee and the United States shall have n tion for
<br />the upkeep or maintenance of the Protected Property. Grantor will remain responsibl o
<br />upkeep, maintenance, and repairs to any impoundments located on the Pro cted Propert .
<br />~'~
<br />(c) Lzabiliry and Indemnification - Grantor agrees to indemnify a ho n e
<br />harmless from any and all costs, claims or liability, including but no mited t sona e
<br />attorneys' fees, arising from (i) any personal injury, accidents, neg or da e relating to
<br />the Protected Property, or any claim thereof; (ii) any violation y fe r stat r local
<br />environmental or land use law or regulation or the use of or sence of ha substances,
<br />waste or other regulated materials in, on or under the Prote d Property; n~ii) Grantee's
<br />exercise of its rights of entry pursuant to this Conservat' n ement; pro ided, however that if
<br />such costs, claims or liability are due in whole or in o th n igen of Grantee or its
<br />agents, contractors or employees, liability shall be~po 'o d a ' gly.
<br />In addition, Grantor agrees to
<br />Property with the limits as follows: (i) $30
<br />$300,000 per occunence, and (ii) $300,0
<br />Grantee is and will remain a named in ed ~
<br />Protected Properiy. Grantor shall pr i
<br />effective date of this Conservation,Ea~eme
<br />itai ~ bility~rance covering the Protected
<br />~ rs n for ersonal injury or death,
<br />;c ce for property damage; and warrant that
<br />•anto perty insurance policies covering the
<br />~ with certificate of insurance coverage on the
<br />within 10 days of each insurance renewal date.
<br />Grantor shall i emnify oldl}farmless the United States, its employees,
<br />agents, and assigns for an a 11 liabilitie , claims, demands, losses, expenses, damages, fines,
<br />fees penalties, suits, pro din tions, costs of actions, sanctions asserted by or on behalf
<br />of any person or governme au i nd other liabilities (whether legal or equitable in
<br />nature and includi ithout ''tation, court costs, and reasonable attorneys' fees and
<br />attorneys' fees o rantee may be subject or incur relating to the Protected
<br />Property, whi ay from, but are not limited to, Grantor's negligent acts or omissions or
<br />Grantor's breach ny r s tation, warranty, covenant, agreements contained in this
<br />Conserva~° n Easem Dee or violations of any Federal, State, or local laws, including all
<br />Enviro~~~e3~ta1 Laws.
<br />18.
<br />Grantee shall have the primary responsibility for enforcement of the terms of this
<br />Conservation Easement, subject 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
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