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020 <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />Ranch Lands Protection Program and are not intended to affect any other natural <br />resources conservation requirements to which the Grantor may be or become subject. <br />4.6. Inspection and Access. With reasonable advance notice to the Grantor or with the <br />Grantor's prior verbal consent, Grantee, its employees and agents and its successors and <br />assigns, shall have the right to enter the Protected Property for the purpose of inspecting <br />the Protected Property to determine whether the Grantor, its successors or assigns are <br />complying with the terms, conditions and restrictions of this Easement. <br />4.7. Enforcement. The Grantee shall have the primary responsibility for management <br />and enforcement of the terms of this Easement. <br />Due to the States' interest in this Conservation Easement, the Grantee shall have the <br />primary responsibility for the management and enforcement of the terms of this <br />Conservation Easement. <br />Grantee shall have the right to prevent violations and remedy violations of the terms of <br />this Easement through judicial action, which shall include, without limitation, the right to <br />bring proceedings in law or in equity against any party or parties attempting to violate the <br />terms of this Easement. Except when an ongoing or imminent violation could <br />irreversibly diminish or impair the Conservation Values of the Protected Property, the <br />Grantee shall give the Grantor written notice of the violation and thirty (30) days to cure <br />the violation, before commencing any legal proceedings. If a court with jurisdiction <br />determines that a violation may exist or has occurred, the Grantee may obtain an <br />injunction to stop the violation, temporarily or permanently. The Parties agree that a <br />court may issue an injunction or order requiring the Grantor to restore the Protected <br />Property to its condition prior to the violation, as restoration of the Protected Property <br />may be the only appropriate remedy. The failure of the Grantee to discover a violation or <br />to take immediate legal action shall not bar it from doing so at a later time. In any case <br />where a court finds no such violation has occurred, each party shall bear its own costs. <br />4.8 Rights of the United States. In the event that the Grantee fails to enforce any of <br />the terms of this Easement, as determined in the sole discretion of the Secretary of the <br />United States Department of Agriculture, the said Secretary of Agriculture and his or her <br />successors and assigns shall have the right to enforce the terms of this Easement through <br />any and all authorities available under federal or state law. <br />In the event that the Grantee fails to enforce any of the terms of this Conservation <br />Easement, as determined in the discretion of the NCDA &CS, the said Commissioner of <br />Agriculture and their successors and assigns shall have the right to enforce the terms of <br />this Conservation Easement through any and all authorities available under the federal or <br />state law. <br />4.9. Rights of Enforcement. Under this Easement, the United States is granted the right <br />of enforcement in order to protect the public investment. The Secretary of the United <br />States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the <br />15 <br />