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D~~aft 27 <br />and the application of such provision to persons or circumstances other than those as to which it <br />is found to be invalid, shall not be affected thereby. <br />23. ACCEPTANCE AND EFFECTIVE DATE.. As attested by the Clerk of the <br />Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby <br />accepts without reservation the rights and responsibilities conveyed by this Conservation <br />Easement. This Conservation Easement is to be effective the date recorded in the Grange County <br />Registry of Deeds. <br />24, ATTORNEY'S FEES.. In connection with any litigation arising out of this <br />Conservation Easement the prevailing party shall be entitled to recover from the other party all <br />costs incurred by it, including reasonable attorneys' fees, which shall include costs and attorneys' <br />fees on appeal, <br />TO HAVE AND TO HOLD, this Grant of Conservation Easement unto the said Grantee, <br />its successors and assigns, forever. <br />IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind <br />themselves, have set their hands on the date first written above. <br />GRANTOR: <br />TOWN OF CARRBORO, NORTH CAROLINA <br />By: <br />Accepted: <br />ATTEST: <br />Michael Nelson, Mayor <br />GRANTEE: <br />ORANGE COUNTY, NORTH CAROLINA <br />Barry.Tacobs, Chair <br />Orange County Board of Commissioners <br />By: <br />Donna S. Baker, Clerk to the <br />Board of Commissioners <br />