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�i �� �l�l� ������►����������►►�N �� N I illi � �ill��il III
<br /> R36404 99 11120
<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 must add Grantee to the policies within sixty (60) days of closing
<br /> and within 10 days of each insurance renewal 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
<br /> representation, warranty, covenant, agreements contained in this Conservation Easement Deed ,
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