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Page 13 of 19 <br />transfer or conveyance shall not impair the validity of this Conservation Easement or limit its <br />enforceability in any way. <br />21. Amendment of Conservation Easement <br />This Conservation Easement may be amended only with the written consent of the <br />Grantees and Grantor. Any such amendment shall be consistent with the Statement of Purposes <br />of this Conservation Easement and with the Grantees Conservation Easement amendment <br />policies, and shall comply with Section 170(h) of the Internal Revenue Code or any regulations <br />promulgated in accordance with that section. Any such amendment shall be duly recorded. <br />22. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Protected Property change so much <br />that it becomes impossible to fulfill the conservation purposes of this Conservation Easement, a <br />court with jurisdiction may, at the joint request of both the Grantor and Grantees, terminate or <br />modify the Conservation Easement created by this Deed in accordance with applicable law. If <br />the Conservation Easement is terminated and the Protected Property is sold, then as required by <br />Section 1.1 70A-14(g)(6) of the IRS regulations, the Grantees shall be entitled a percentage of <br />gross sale proceeds or condemnation award (minus any amount attributed to new improvements <br />made after the date of the conveyance, which amount shall be reserved to Grantor), equal to the <br />ratio of the appraised value of this Conservation Easement to the unrestricted fair market value <br />of the Protected Property, as these values are determined on the date of this Conservation <br />Easement), subject to any applicable law which expressly provides for a different disposition of <br />the proceeds. <br />All termination related expenses, including reasonable attorney fees, incurred by the <br />Grantor and the Grantees shall be paid out of any recovered proceeds prior to distribution of the <br />net proceeds as described herein. <br />23. Procedure in the Event of Condemnation or Eminent Domain <br /> Grantor and Grantees recognize that the partial sale of this Conservation Easement gives <br />rise to a property right, immediately vested in the Grantees, with a fair market value equal to the <br />proportionate value that the Conservation Easement bears to the value of the Protected Property <br />prior to the restrictions imposed by the Conservation Easement. Accordingly, if any <br />condemnation or eminent domain action shall be taken, on all or part of the Protected Property, <br />by any authorized public authority, said authority shall be liable to the Grantees for the value of <br />the property right vested in the Grantees at the time of the signing of this Conservation <br />Easement. <br />If condemnation or a taking by eminent domain of a part of the Protected Property or the <br />entire Property by a public authority renders it impossible to fulfill any of the conservation <br />purposes of this Conservation Easement on all or part of the Protected Property, this <br />Conservation Easement may be terminated or modified accordingly through condemnation <br />proceedings. Grantor and Grantees agree that the Conservation Easement is a currently vested <br />19