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70161222DO04376SO CASE <br /> M R83838 P t593 <br /> 12)2212OZO 63*tUPM 6M <br /> proceedings including damages, injunctive and other relief. The Grantee shall also have the <br /> power and authority,consistent with its statutory authority. (a)to prevent any impairment of the <br /> Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) <br /> to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any <br /> appropriate person or entity. Notwithstanding the foregoing,the Grantee reserves the immediate <br /> i right, without notice, to obtain a temporary restraining order, injunctive or other appropriate <br /> relief if the breach of the term of this Conservation Easement is or would irreversibly or <br /> otherwise materially impair the benefits to be derived from this Conservation Easement. The <br /> Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would <br /> be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee <br /> provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies <br /> available to Grantee in connection with this Conservation Easement. <br /> B. Inspection. The Grantee, its employees and agents, successors and assigns,have <br /> the right, with reasonable notice, to enter the Easement Area over the Property at reasonable <br /> times for the purpose of inspection to determine whether the Grantor,their successors or assigns <br /> are complying with the terms,conditions and restrictions of this Conservation Easement. <br /> C. Acts Beyond Grantor's Control. Nothing contained in this Conservation <br /> Easement shall be construed to entitle Grantee to bring any action against Grantor, their <br /> successors or assigns, for any injury or change in the Easement Area caused by third parties, <br /> resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, <br /> storm, and earth movement,or from any prudent action taken in good faith by the Grantor under <br /> emergency conditions to prevent, abate, or mitigate significant injury to life,damage to property <br /> or harm to the Property resulting from such causes. <br /> D. Costs of Enforcemeat. Beyond regular and typical monitoring, any costs <br /> incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, their <br /> successors or assigns, including, without limitation, any costs of restoration necessitated by <br /> Grantor's acts or Omissions in violation of the terms of this Conservation Easement, shall be <br /> Ii <br /> borne by Grantor. <br /> E. No Waiver. Enforcement of this Easement shall be at the discretion of the <br /> i Grantee and any forbearance,delay or omission by Grantee to exercise its rights hereunder in the <br /> event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. <br /> V. rOSCELLANEOUS <br /> A. This instrument sets forth the entire agreement of the parties with respect to the <br /> Conservation Easement and supersedes all prior discussions, negotiations, understandings or <br /> agreements relating to the Conservation Easement, If any provision is found to be invalid, the <br /> remainder of the provisions of the Conservation Easement,and the application of such provision <br /> to persons or circumstances other than those as to which it is found to be invalid, shall not be <br /> affected thereby. <br /> G <br /> 83 <br />