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9 . 1 Emergency Enforcement . If Grantee, in its sole <br /> discretion, determines that circumstances require immediate action <br /> to prevent or mitigate significant damage to the conservation <br /> values of the Protected Property, Grantee may pursue its remedies <br /> under this paragraph without prior notice to Grantors or without <br /> waiting for the period for cure to expire. In that event, the <br /> provisions of paragraph 9 related to the costs of enforcement shall <br /> not apply. <br /> 9 .2 Failure to Act or Delay. Grantee does not waive or <br /> forfeit the right to take action as may be necessary to ensure <br /> compliance with this Conservation Easement by any prior failure to <br /> act and Grantors hereby waive any defenses of waiver, estoppel or <br /> laches with respect to any failure to act or delay by Grantee, its <br /> successors or assigns, in action to enforce any restriction or <br /> exercise any rights under this Conservation Easement . <br /> 9 .3 Violations Due to Causes Beyond Grantors' s Control . <br /> Nothing hereby shall be construed to entitle Grantee to institute <br /> any enforcement proceedings against Grantors for any changes to the <br /> Protected Property due to causes beyond Grantors' s control, such as <br /> changes caused by fire, flood, storm, earthquake or the <br /> unauthorized wrongful acts of third persons . In the event of <br /> violations of this Conservation Easement caused by the unauthorized <br /> wrongful acts of third persons, Grantors agree, upon request by <br /> Grantee, to assign its right of action to Grantee, to join in any <br /> suit, or to appoint Grantee its attorney-in-fact for the purposes <br /> of pursuing enforcement action, all at the election of Grantee. <br /> 9 .4 Rights of Orange County and others to Enforce . Nothing <br /> set forth herein shall be construed to limit, restrict, prohibit or <br /> otherwise encumber the rights of enforcement of Orange County or <br /> any applicable state or federal agency to enforce any applicable <br /> zoning restrictions for stream buffers or any applicable law or <br /> regulation for the protection of watersheds; which rights shall be <br /> cumulative to those set forth herein. <br /> 10 . Parties Subject to Easement. The covenants agreed to and <br /> the terms, conditions, and restrictions imposed by this grant <br /> shall be binding upon Grantors and Grantors' s lessees, agents, <br /> personal representatives, successors and assigns, and all other <br /> successors in interest, to Grantors and will continue as a <br /> servitude running in perpetuity with the Protected Property. <br /> 11 . Subsequent Transfers . Grantors agree that the terms, <br /> conditions, restrictions and purposes of this grant or reference <br /> thereto will be binding upon the Grantees in any subsequent deed or <br /> other legal instrument by which Grantors divest either the fee <br /> simple title or a possessory interest in the Protected Property <br /> whether such rights are set forth in such deed or other legal <br /> instrument or not . <br /> 12 . Merger. Grantors and Grantee agree that the terms of this <br /> Conservation Easement shall survive any merger of the fee and <br />