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<br />RB5339 65 13/24
<br />(c) Liability and Indemnification - Grantors agree to indemnify and hold the Grantees
<br />harmless from any and all costs, claims or.liability, including but not limited to reasonable
<br />attorneys' fees, arising from (i) any personal injury, accidents, negligence or damage relating to
<br />the Property, or any claim thereof; (ii) any violation of any federal, state or local environmental
<br />or land use law or regulation or the use of or presence of hazardous substances, waste or other
<br />regulated materials in, on or under the Property; and (iii) Grantees exercise of its rights of entry
<br />pursuant to this Conservation Easement; provided, however that if such costs, claims or liability
<br />are due in whole or in part to the negligence of the Grantees or its agents, contractors or
<br />employees, liability shall be apportioned accordingly.
<br />In addition, Grantors agree to maintain liability insurance covering the Property
<br />with minimum coverage as follows: (i) $300,000 per person for personal injury or death,
<br />$300,000 per occurrence, and (ii) $300,000 per occurrence for property damage; and warrant that
<br />the Grantees are and will remain a named insured on Grantors' property insurance policies
<br />covering the Property. Grantors shall provide Grantees with a certificate of insurance coverage
<br />on the effective date of this Conservation Easement and within 10 days of each insurance
<br />renewal date.
<br />Grantors sha11 indemnify and hold hannless the Grantees, its employees, agents,
<br />and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees
<br />penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of
<br />any person or governmental authority, and other liabilities (whether legal or equitable in nature
<br />and including, without limitation, court costs, and reasonable attomeys' fees and attorneys' fees
<br />on appeal) to which the Grantees may be subject or incur relating to the Property, which may
<br />arise from, but are not limited to, Grantors' negligent acts or omissions or Grantors' breach of
<br />any representation, warranty, covenant, agreements contained in this Conservation Easement
<br />Deed, or violations of any Federal, State, or local laws, including all Environtnental Laws.
<br />18. Enforcement
<br />With reasonable advance notice to the Grantors or with the Grantors' prior verbal
<br />consent, Grantees shall have the right to enter the Property for the purpose of inspecting for
<br />compliance with the terms of this Conservation Easement. Grantees shall have the right to
<br />prevent violations and remedy violations of the terms of this Conservation Easement through
<br />judicial action, which shall include, without limitation, the right to bring proceedings in law or in
<br />equity against any party or parties attempting to violate the terms of this Conservation Easement.
<br />Except when an ongoing or imminent violation could irreversibly diminish or impair the
<br />Conservation Values of the Property, Grantees shall give the Grantors written notice of the
<br />violation and thirty (30) days to cure the violation, before commencing any legal proceedings.
<br />Grantees may obtain an injunction to stop a violation or a threatened violation, temporarily or
<br />permanently. The parties agree that a court may issue an injunction or order requiring Grantors
<br />to restore the Property to its condition prior. to the violation, as restoration of the property may be
<br />the only appropriate remedy. In any case where a court finds that a violation has occurred,
<br />Grantors shall reimburse Grantees for all its expenses incurred in stopping and correcting the
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