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the Property, or any claim thereof; (ii) any violation of any federal, state or local environmental
<br /> or land use law or regulation or the use of or presence of hazardous substances, waste or other
<br /> regulated materials in, on or under the Property; and(iii) Grantee exercise of its rights of entry
<br /> pursuant to this Conservation Easement; provided, however that if such costs, claims or liability
<br /> are due in whole or in part to the negligence of the Grantee or its agents, contractors or
<br /> employees, liability shall be apportioned accordingly.
<br /> In addition, Grantors agree to maintain liability insurance covering the Property
<br /> with minimum coverage as follows: (i) $300,000 per person for personal injury or death,
<br /> $300,000 per occurrence, and (ii) $300,000 per occurrence for property damage; and warrant that
<br /> the Grantee are and will remain a named insured on Grantors'property insurance policies
<br /> covering the Property. Grantors shall provide Grantee with a certificate of insurance coverage on
<br /> the effective date of this Conservation Easement and within 10 days of each insurance renewal
<br /> date.
<br /> Grantors shall indemnify and hold harmless the Grantee, its employees, agents,
<br /> and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees
<br /> penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of
<br /> any person or governmental authority, and other liabilities (whether legal or equitable in nature
<br /> and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees
<br /> on appeal) to which the Grantee may be subject or incur relating to the Property, which may arise
<br /> from,but are not limited to, Grantors' negligent acts or omissions or Grantors' breach of any
<br /> representation, warranty, covenant, agreements contained in this Conservation Easement Deed,
<br /> or violations of any Federal, State, or local laws, including all Environmental Laws.
<br /> 18. Enforcement
<br /> With reasonable advance notice to the Grantors or with the Grantors' prior verbal
<br /> consent, Grantee shall have the right to enter the Property for the purpose of inspecting for
<br /> compliance with the terms of this Conservation Easement. Grantee shall have the right to
<br /> prevent violations and remedy violations of the terms of this Conservation Easement through
<br /> judicial action, which shall include, without limitation, the right to bring proceedings in law or in
<br /> equity against any party or parties attempting to violate the terms of this Conservation Easement.
<br /> Except when an ongoing or imminent violation could irreversibly diminish or impair the
<br /> Conservation Values of the Property, Grantee shall give the Grantors written notice of the
<br /> violation and thirty(30) days to cure the violation, before commencing any legal proceedings.
<br /> 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 Grantors
<br /> to restore the Property to its condition prior to the violation, as restoration of the property may be
<br /> the only appropriate remedy. In any case where a court finds that a violation has occurred,
<br /> Grantors shall reimburse Grantee for all its expenses incurred in stopping and correcting the
<br /> violation, including but not limited to reasonable attorneys' fees. The failure of the Grantee to
<br /> discover a violation or to take immediate legal action shall not bar it from doing so at a later time
<br /> for that violation or any subsequent violations. In any case where the court finds that there was a
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