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15 <br /> Fern Creek Conservation Easement OEM= <br /> certificate of insurance coverage on the effective date of this Conservation Easement and within <br /> 10 days of each insurance renewal date. <br /> 6. ACCESS. No right of access by the general public to any portion of the <br /> Easement Area is conveyed by this Conservation Easement. However, the public has the right to <br /> view the Easement Area from adjacent publicly accessible areas such as public lands, roads and <br /> 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 Easement Area for the purpose <br /> of inspecting for compliance with the terms of this Conservation Easement. The Grantee shall <br /> have the right to prevent violations and remedy violations of the terms of this Conservation <br /> Easement through judicial action, which shall include, without limitation, the right to bring <br /> proceedings in law or in equity against any party or parties attempting to violate the terms of this <br /> Conservation Easement. Except when an ongoing or imminent violation could irreversibly <br /> diminish or impair the conservation values of the Easement Area, the Grantee shall give the <br /> Grantor written notice of the violation and thirty (30) days to cure the violation, before <br /> commencing any legal proceedings. The Grantee may obtain an injunction to stop a violation or <br /> a threatened violation, temporarily or permanently. The parties agree that a court may issue an <br /> injunction or order requiring the Grantor to restore the Easement Area to its condition prior to the <br /> violation, as restoration of the property may be the only appropriate remedy. In any case where a <br /> court finds that a violation has occurred, the Grantor shall reimburse the Grantee for all its <br /> expenses incurred in stopping and correcting the violation, including but not limited to <br /> reasonable attorneys' fees. In any case where a court finds no such violation has occurred, each <br /> party shall bear its own costs. In any case where the court finds that there was a complete <br /> absence of a justiciable issue of either law or fact raised by the losing party, the court may award <br /> a reasonable attorney's fee to the prevailing party as provided by law. The failure of the Grantee <br /> to discover a violation or to take immediate legal action shall not bar it from doing so at a later <br /> time for that violation or any subsequent violations. <br /> (b) Grantee shall not bring any action against Grantor for any injury or change to the <br /> Easement Area 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 /> abate, or mitigate significant injury to life, damage to the Easement Area or harm to the <br /> Easement Area resulting from such action. <br /> 8. TRANSFER OF EASEMENT. The Grantee shall have the right to transfer, <br /> assign, convey, or otherwise to co-hold the Conservation Easement created by this Deed to any <br /> public agency or private nonprofit organization that, at the time of transfer, is a qualified <br /> Page 10 of 16 <br />