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14 <br /> such other corrective action as may be requested by the Grantee within thirty (30) days after <br /> receipt of such notice shall entitle the Grantee to bring an action at law or equity in a court of <br /> competent jurisdiction to enforce the terms of this Conservation Easement; to require the <br /> restoration of the property to its previous condition; to sock to enjoin the noncompliance by ex <br /> pane temporary or permanent injunction in a court of competent jurisdiction; and/or to recover <br /> any damages arising from the noncompliance. Such damages, when recovered, may be applied <br /> by the Grantee, in its sole discretion, to corrective action on the Protected Property. The <br /> prevailing party in any litigation between the parties with respect to this easement shall be entitled <br /> to recover the costs of the litigation, including attorneys' fees, from the losing party. <br /> 9.1 EMIM=cy Enfn menr_ If the Grantee, in its sole discretion, determines that <br /> cireumsumm require immediate action to prevent or mitigate significant damage to the <br /> conservation values of the Property, the Grantee may pursue its remedies under this paragraph <br /> without prior notice to the Grantor or without waiting for the period for clue to expire. <br /> 9.2 FAhl*+P m Act ar Delay.The Grantee does not waive or forfeit the right to take action <br /> as may be necessary to inure compliance with this Consenratiun Easement by any prior failure <br /> to act and the Grantor hereby waives any defenses of waiver, estoppel or laches with respect to <br /> any failure to act or delay by the Grantcc, its successors or assigns, in acting to enforce any <br /> restriction or exercise any rights under this Conservation Easement. <br /> 9.3 Violations Due to Causes_Reyond .Grantor's. Control. . Nothing herein shall be <br /> construed to erttide the Grantee to institute any enforcement proceedings against the Grantor for <br /> any changes to the Protected Property due to causes beyond the Gnaw's control, such as changes <br /> caused by fire, flood, storm, earthquake or the unauthorized wrongful acts of third persons. In <br /> n 8 <br /> SWwba 11,1996 <br />