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<br />Fickle Creek CE Attachment 4 Draft 9/19/2017
<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's 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
<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 Grantor or with the Grantor's prior verbal consent,
<br />Grantee shall have the right to enter the Property for the purpose of inspecting for compliance
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