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Page 10 of 17 <br />maintenance of the Easement Area, including the maintenance of adequate comprehensive <br />general liability insurance coverage. Grantee shall have no obligation for the upkeep or <br />maintenance of the Easement Area. <br /> <br />(c) Liability and Indemnification – Grantor agrees to indemnify and hold Grantee <br />harmless from any and all costs, claims or liability, including but not limited to reasonable <br />attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the <br />Easement Area, or any claim thereof, unless due to the negligence of Grantee or agents of <br />Grantee, in which case liability shall be as provided by law. In addition, Grantor agrees to <br />maintain liability insurance covering the Easement Area with the limits as follows: (i) $300,000 <br />per person for personal injury or death, up to $300,000 per occurrence; and (ii) $300,000 per <br />occurrence for property damage. These policy limits may be amended from time to time by <br />written agreement of the parties to which the parties agree to be bound. Additionally, Grantor <br />warrants that Grantee is and will remain a named insured on Easement Area insurance policies <br />covering the Easement Area. Grantor shall provide Grantee with a certificate of insurance <br />coverage on the effective date of this Conservation Easement and within 10 days of each <br />insurance renewal date. <br /> <br />6. ACCESS. No right of access by the general public to any portion of the Easement <br />Area is conveyed by this Conservation Easement. However, the public has the right to view the <br />Easement Area from adjacent publicly accessible areas such as public roads and waterways. <br /> <br />7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br />violations of the terms of this Conservation Easement. <br /> <br />(a) With reasonable advance notice provided to the Grantor or with the Grantor’s <br />prior verbal consent, the Grantee shall have the right to enter the Easement Area for the <br />purpose of inspecting for compliance with the terms of this Conservation Easement. The <br />Grantee shall have the right to prevent violations and remedy violations of the terms of this <br />Conservation Easement through judicial action, which shall include, without limitation, the right <br />to bring proceedings in law or in equity against any party or parties attempting to violate the <br />terms of this Conservation Easement. Except when an ongoing or imminent violation could <br />irreversibly diminish or impair the conservation values of the Easement Area, the Grantee shall <br />give the Grantor written notice of the violation and thirty (30) days to cure the violation, before <br />commencing any legal proceedings. The Grantee may obtain an injunction to stop a violation or <br />a threatened violation, temporarily or permanently. The parties agree that a court may issue <br />an injunction or order requiring the Grantor to restore the Easement Area to its condition prior <br />to the violation, as restoration of the property may be the only appropriate remedy. In any <br />case where a court finds that a violation has occurred, the Grantor shall reimburse the Grantee <br />for all its expenses incurred in stopping and correcting the violation, including but not limited to <br />reasonable attorneys’ fees. In any case where a court finds no such violation has occurred, each <br />party shall bear its own costs. In any case where the court finds that there was a complete <br />absence of a justiciable issue of either law or fact raised by the losing party, the court may <br />40