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0~ <br />Eno Confluence Conservation Easement Nov. 13, 2007 draft (BOCC) <br />taxes or assessments on its interest in the Easement Area, the Grantor will reimburse Grantee for <br />the same. <br />(b) LT~keep and Maintenance -The Grantor retain all responsibilities and shall bear <br />all costs and liability of any kind related to the ownership, operation, and upkeep and <br />maintenance of the Easement Area, including the maintenance of adequate comprehensive <br />general liability insurance coverage. Grantee shall have no obligation for the upkeep or <br />maintenance of the Easement Area. Grantor will remain responsible for upkeep, maintenance, <br />and repairs to any impoundments located on the Easement Area. <br />(c) Liability and Indemnification -Grantor agrees to indemnify and hold Grantee <br />harmless from any and all costs, claims or liability, including but not limited to reasonable <br />attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the <br />Easement Area, or any claim thereof, unless due to the negligence of Grantee or agents of <br />Grantee, in which case liability shall be as provided by law. In addition, Grantor agrees to <br />maintain liability insurance covering the Easement Area with the limits as follows: (i) $300,000 <br />per person for personal injury or death, up to $300,000 per occurrence; and (ii) $300,000 per <br />occurrence for property damage; and warrant that Grantee is and will remain a named insured on <br />Easement Area insurance policies covering the Easement Area. Grantor shall provide Grantee <br />with a certificate of insurance coverage on the effective date of this Conservation Easement and <br />within 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 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 />Page 10 of 17 <br />