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10 <br />assigns in writing of such breach. The Grantor shall have ninety (90) days after receipt of such <br />notice to correct the conditions constituting such breach. If the breach remains uncured after <br />ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal <br />proceedings including damages, injunctive and other relief. The Grantee shall also have the <br />power and authority, consistent with its statutory authority: (a) to prevent any impairment of the <br />Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) <br />to otherwise .preserve or protect its interest in the Property; or (c) to seek damages from any <br />appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate <br />right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief <br />if the breach of the term of this Conservation Easement is or would irreversibly or otherwise <br />materially impair the benefits to be derived from this Conservation Easement. The Grantor and <br />Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable <br />and remedies at law will be inadequate. The rights and remedies of the Grantee provided <br />hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to <br />Grantee in connection with this Conservation Easement. <br />B. Inspection. The Grantee, its employees and agents, successors and assigns, have <br />the right, with reasonable notice, to enter the Easement Area over the Property at reasonable <br />times for the purpose of inspection to determine whether the Grantor, their successors or assigns <br />are complying with the terms, conditions and restrictions of this Conservation Easement. <br />C. Acts Beyond Grantor's Control. Nothing contained in this Conservation <br />Easement shall be construed to entitle Grantee to bring any action against Grantor, their <br />successors or assigns, for any injury or change in the Easement Area caused by third parties, <br />resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, <br />storm, and earth movement, or from any prudent action taken in good faith. by the Grantor under <br />emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property <br />or harm to the Property resulting from such causes. <br />D. Costs of Enforcement. Beyond regular and typical monitoring, any costs <br />incurred by Grantee in enforcing the terms of this Conservation. Easement against Grantor, their <br />successors or assigns, including, without limitation, any costs of restoration necessitated by <br />Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be <br />borne by Grantor. <br />E. No Waiver. Enforcement of this Easement shall be at the discretion of the <br />Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the <br />event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. <br />IV. MISCELLANEOUS <br />A. This. instrument sets forth the entire agreement of the parties with respect to the <br />Conservation Easement and supersedes all prior discussions, negotiations, understandings or <br />agreements relating to the Conservation Easement. If any provision is found to be invalid, the <br />remainder of the provisions of the Conservation Easement, and the application of such provision <br />to persons or circumstances other than those as to which it is found to be invalid, shall not be <br />affected thereby. <br />B. Any notices shall be sent by registered or certified mail, return receipt requested <br />to the parties at their addresses shown above or to other address(es) as either party establishes in <br />writing upon notification to the other. <br />10 <br />