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<br /> Grantees shall have the right to prevent violations and remedy violations of the terms of this Easement through
<br /> judicial action,which shall include,without limitation,the right to bring proceedings in law or in equity against any
<br /> party or parties attempting to violate the terms of this Easement. Except when an ongoing or imminent violation
<br /> could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantees shall give the
<br /> Grantors written notice of the violation and Grantors shall have thirty(30) days to cure the violation,before
<br /> commencing any legal proceedings. If a court of competent jurisdiction determines that a violation may exist or has
<br /> occurred, the Grantees may obtain an injunction to stop the violation,temporarily or permanently. The parties agree
<br /> that a court may issue an injunction or order requiring the Grantors to restore the Protected Property to its condition
<br /> prior to the violation, as restoration of the Protected Property may be the only appropriate remedy. The failure of
<br /> the Grantees to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. In
<br /> any case where a court finds no such violation has occurred, each party shall bear its own costs. In any case where
<br /> the Court finds that a violation has occurred, Grantees shall have the right to recover its legal costs from the
<br /> Grantors, including attorney's fees or expenses associated with any enforcement or remedial action as it relates to
<br /> the enforcement of this Conservation Easement.
<br /> ARTICLE V. REPRESENTATIONS OF THE PARTIES
<br /> 5.1. Grantors' Title Warranty. The Grantors covenant and represent that the Grantors are the sole owners and are seized
<br /> of the Protected Property in fee simple and have good right to grant and convey the Easement; that the Protected
<br /> Property is free and clear of any and all encumbrances, except current and deferred use value unpaid property taxes,
<br /> including but not limited to, any mortgages not subordinated to this Easement, and that the Grantees shall have the
<br /> use of and enjoy all the benefits derived from and arising out of his Easement subject to existing easements for roads
<br /> and public and private utilities.
<br /> 5.2. Grantors' Environmental Warranty. The Grantors know of no release or threatened release of any Hazardous
<br /> Materials on, at,beneath or from the Protected Property, or arising from or connected with a violation of any
<br /> Environmental Laws. The Grantors hereby promise to hold harmless and indemnify the Grantees against all
<br /> litigation, claims, demands,penalties and damages, including reasonable attorneys' fees, arising from or connected
<br /> with the release or threatened release by Grantors, their agents, assigns, and guests, of any Hazardous Materials on,
<br /> at,beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Law.
<br /> "Environmental Law" or"Environmental Laws"means any and all Federal, state, local or municipal laws,rules,
<br /> orders,regulations, statutes, ordinances, codes, guidelines,policies or requirements of any governmental authority
<br /> regulating or imposing standards of liability or standards of conduct(including common law) concerning air,water,
<br /> solid waste,hazardous materials,worker and community right-to-know,hazard communication noise,radioactive
<br /> material,resource protection, subdivision, inland wetlands and watercourses,health protection and similar
<br /> environmental health, safety,building and land use as may now or at any time hereafter be in effect.
<br /> "Hazardous Materials"means any petroleum,petroleum products,fuel oil,waste oils, explosives,reactive materials,
<br /> ignitable materials, corrosive materials,hazardous chemicals,hazardous wastes,hazardous substances, extremely
<br /> hazardous substances, toxic substances, toxic chemicals,radioactive materials,infectious materials and any other
<br /> element, compound,mixture, solution or substance which may pose a present or potential hazard to human health or
<br /> the environment.
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