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<br /> Hill CE Draft 11/16/2017
<br /> 17. Ongoing Responsibilities of Grantor and Grantee
<br /> Other than as specified herein, this Conservation Easement is not intended to impose any
<br /> legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the
<br /> Grantor as owner of the Property. Among other things, this shall apply to:
<br /> (a) Taxes — The Grantor shall continue to be solely responsible for payment of all
<br /> taxes and assessments levied against the Property. If the Grantee is ever required to pay any
<br /> taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for the
<br /> same.
<br /> (b) Upkeep and Maintenance The Grantor retains 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 Property, including maintenance of all fencing and other structures and
<br /> facilities necessary to comply with the terms and conditions of this Conservation Easement and
<br /> the maintenance of adequate comprehensive general liability insurance coverage. Grantee shall
<br /> have no obligation for the upkeep or maintenance of the Property. Grantor will remain
<br /> responsible for upkeep, maintenance, and repairs to any impoundments located on the Property.
<br /> (c) Liability and Indemnification Grantor agrees to indemnify and hold the Grantee
<br /> harmless from any and all costs, claims or liability, including but not limited to reasonable
<br /> attorneys' fees, arising from (i) any personal injury, accidents, negligence or damage relating to
<br /> 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, Grantor agrees 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 Grantor's property insurance policies
<br /> covering the Property. Grantor 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 /> Grantor shall indemnify and hold harmless the Grantee, its employees, agents, and
<br /> 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, Grantor's negligent acts or omissions or Grantor's breach of any
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