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15 <br />Bliss- Dobyns Conservation Easement Draft 9125113 <br />Property, or any claim thereof, unless due to the negligence of Grantee or agents of Grantee, in <br />which case liability shall be as provided by law. In addition, Grantor agrees to maintain liability <br />insurance covering the Property with the limits as follows: (i) $300,000 per person for personal <br />injury or death, up to $300,000 per occurrence; and (ii) $300,000 per occurrence for property <br />damage; and warrant that Grantee is and will remain a named insured on Property insurance <br />policies covering the Property. Grantor shall provide Grantee with a certificate of insurance <br />coverage on the effective date of this Conservation Easement and within 10 days of each <br />insurance renewal date. <br />6. ACCESS. No right of access by the general public to any portion of the Property <br />is conveyed by this Conservation Easement. However, the public has the right to view the <br />Property from adjacent publicly accessible areas such as public lands, roads and waterways. <br />7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br />violations of the terms of this Conservation Easement. <br />(a) With reasonable advance notice provided to the Grantor or with the Grantor's <br />prior verbal consent, the Grantee shall have the right to enter the Property for the purpose of <br />inspecting for compliance with the terms of this Conservation Easement. The Grantee shall have <br />the right to prevent violations and remedy violations of the terms of this Conservation Easement <br />through judicial action, which shall include, without limitation, the right to bring proceedings in <br />law or in equity against any party or parties attempting to violate the terms of this Conservation <br />Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair <br />the conservation values of the Property, the Grantee shall give the Grantor written notice of the <br />violation and thirty (30) days to cure the violation, before commencing any legal proceedings. <br />The Grantee 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 the <br />Grantor to restore the Property to its condition prior to the violation, as restoration of the <br />property may be the only appropriate remedy. In any case where a court finds that a violation <br />has occurred, the Grantor shall reimburse the Grantee for all its expenses incurred in stopping <br />and correcting the violation, including but not limited to reasonable attorneys' fees. In any case <br />where a court finds no such violation has occurred, each party shall bear its own costs. In any <br />case where the court finds that there was a complete absence of a justiciable issue of either law <br />or fact raised by the losing party, the court may award a reasonable attorney's fee to the <br />prevailing party as provided by law. The failure of the Grantee to discover a violation or to take <br />immediate legal action shall not bar it from doing so at a later time for that violation or any <br />subsequent violations. <br />(b) Grantee shall not bring any action against Grantor for any injury or change to the <br />Property caused by third parties, or resulting from causes beyond the Grantor's control, <br />including, without limitation, fire, flood, storm and naturally caused earth movement, or from <br />any prudent action taken in good faith by the Grantor under emergency conditions to prevent, <br />Page 10 of 16 <br />