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<br />17. Ongoing Responsibilities of Grantor and Grantees
<br />Other than as specified herein, this Conservation Easement is not intended to impose any
<br />legal or other responsibility on the Grantees, or in any way to affect any existing obligation of
<br />the Grantor as owner of the Protected 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 Protected Property. If the Grantees are ever required to
<br />pay any taxes or assessments on its interest in the Protected Property, the Grantor will reimburse
<br />the Grantees for the 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 Protected Property, including maintenance of all fencing and other structures
<br />and facilities necessary to comply with the terms and conditions of this Conservation Easement
<br />and the maintenance of adequate comprehensive general liability insurance coverage. Grantees
<br />shall have no obligation for the upkeep or maintenance of the Protected Property. Grantor will
<br />remain responsible for upkeep, maintenance, and repairs to any impoundments located on the
<br />Protected Property.
<br />(c) Liability and Indemnification –Grantor agrees to indemnify and hold the
<br />Grantees harmless from any and all costs, claims or liability, including but not limited to
<br />reasonable attorneys' fees, arising from (i) any personal injury, accidents, negligence or damage
<br />relating to the Protected Property, or any claim thereof; (ii) any violation of any federal, state or
<br />local environmental or land use law or regulation or the use of or presence of hazardous
<br />substances, waste or other regulated materials in, on or under the Protected Property; and (iii)
<br />Grantees exercise of their rights of entry pursuant to this Conservation Easement; provided,
<br />however that if such costs, claims or liability are due in whole or in part to the negligence of the
<br />Grantees or their agents, contractors or employees, liability shall be apportioned accordingly.
<br /> In addition, Grantor agrees to maintain liability insurance covering the Protected
<br />Property with minimum coverage as follows: (i) $300,000 per person for personal injury or
<br />death, $300,000 per occurrence, and (ii) $300,000 per occurrence for property damage. These
<br />policy limits may be amended from time to time by written agreement of the parties to which the
<br />parties agree to be bound. Additionally, Grantor warrants that the Grantees are and will remain
<br />named insured on Grantor's property insurance policies covering the Protected Property. Grantor
<br />shall provide Grantees with a certificate of insurance coverage on the effective date of this
<br />Easement and within 10 days of each insurance renewal date.
<br />Grantor shall indemnify and hold harmless the Grantees, their employees, agents,
<br />and 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 Grantees may be subject or incur relating to the Protected Property,
<br />which may arise from, but are not limited to, Grantor’s negligent acts or omissions or Grantor’s
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