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BOCC Draft 11 -22 -04 24 <br />property may be the only appropriate remedy, hr any case where a court finds that a violation has <br />occurred, the Grantors shall reimburse Grantee for all its expenses incurred in stopping and <br />correcting the violation, including but not limited to reasonable attorneys' fees.. The failure of <br />Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at <br />a later time for that violation or any subsequent violations. In any case where a court finds no <br />such violation has occurred, each party shall bear its own costs. In any case where the court finds <br />that there was a complete absence of a justiciable issue of either law or fact raised by the losing <br />party, the court may award a reasonable attorney's fee to the prevailing party as provided by law. <br />20. Transfer of Conservation Easement <br />Either of the parties Grantee shall have the right to transfer, assign, convey, or otherwise <br />to co -hold the Conservation Easement created by this Deed to any public agency or private <br />nonprofit organization that, at the time of transfer, is a qualified organization under Section <br />170(h) of the U.S. Internal Revenue Code, as amended and under NCGS 121 -34 et seq., provided <br />the agency or organization expressly agrees to assume the responsibility imposed on Grantee by <br />this Deed, If both parties Grantee ever cease to exist or no longer qualify under Section 170(h) of <br />the U.S, Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer <br />this Conservation Easement to another qualified organization having similar purposes that agrees <br />to assume the responsibility imposed by this Conservation Easement. <br />21. Transfer of Property <br />The Grantors agree to incorporate by reference the terms of this Conservation Easement <br />in any deed or other legal instrument by which they transfer or divest themselves of any interests, <br />including leasehold interests, in all or a portion of the Property. The Grantors shall notify <br />Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or <br />interest therein. Failure of Grantors to incorporate by reference the terms of this Conservation <br />Easement in an instrument of transfer or conveyance or to notify Grantee of a transfer or <br />conveyance shall not impair the validity of this Conservation Easement or limit its enforceability <br />in any way. <br />22. Amendment of Conservation Easement <br />This Conservation Easement may be amended only with the written consent of Grantee <br />and the Grantors. Any such amendment shall be consistent with the Statement of Purposes of <br />this Conservation Easement and with Grantee's Conservation Easement amendment policies, and <br />shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated <br />in accordance with that section. Any such amendment shall be duly recorded. <br />23. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Property change so much that it <br />becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court <br />with jurisdiction may, at the joint request of both the Grantors and the parties Grantee, terminate <br />