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17 <br /> Protected Property for the purpose of inspecting the Protected Property to determine whether the Grantor,its <br /> successors or assigns are complying with the terms, conditions and restrictions of this Easement. <br /> 4.7. Enforcement. The Grantee shall have the primary responsibility for management,monitoring and enforcement of <br /> the terms of this Conservation Easement, subject to the rights of the NCDA&CS. Grantee shall complete and file <br /> the annual monitoring reports due on or before December 31 of each calendar as stipulated in ADFP Grant <br /> Contract#17-095-4038,a copy of which is kept on file with the NCADFP Trust Fund. The terms of said contract <br /> are hereby incorporated by reference as if fully set forth herein. <br /> Grantee shall have the right to prevent violations and remedy violations of the terms of this Easement through <br /> judicial action,which shall include,without limitation,the right to being proceedings in law or in equity against <br /> any party or parties attempting to violate the terms of this Easement. Except when an ongoing or imminent <br /> violation could irreversibly diminish or impair the Conservation Values of the Protected Property,the Grantee shall <br /> give the Grantor and NCDA&CS written notice of the violation and Grantor shall have thirty(30)days to cure the <br /> violation,before commencing any legal proceedings. If a court with jurisdiction determines that a violation may <br /> exist or has occurred,the Grantee may obtain an injunction to stop the violation,temporarily or permanently. The <br /> parties agree that a court may issue an injunction or order requiring the Grantor to restore the Protected Property to <br /> its condition prior to the violation,as restoration of the Protected Property may be the only appropriate remedy. <br /> The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at <br /> a later time. In any case where a court finds no such violation has occurred, each party shall bear its own costs. <br /> 4.8. Rights of the State of North Carolina. In the event that the Grantee fails to enforce any of the terms of this <br /> Conservation Easement, as determined in the discretion of the NCDA&CS,the said Commissioner of Agriculture <br /> and their successors and assigns shall have the right to enforce the terms of this Conservation Easement through <br /> any and all authorities available under federal or state law. <br /> 4.9. Rights of Enforcement. Under this Conservation Easement,the State of North Carolina is granted the right of <br /> enforcement in order to protect the public investment. The Commissioner of the North Carolina Department of <br /> Agriculture(the Commissioner)or his or her assigns,on behalf of the State of North Carolina,may exercise this <br /> right of enforcement under any authority available under State or Federal law if Grantee fails to enforce any of the <br /> terms of this Conservation Easement, as determined in the sole discretion of the Commissioner. <br /> The State of North Carolina shall have the right to recover any and all administrative and legal costs from the <br /> Grantee,including attorney's fees or expenses associated with any enforcement or remedial action as it relates to <br /> the enforcement of this Easement. <br /> In the event that Grantee fails to enforce any of the terms of this Conservation Easement, as determined in the sole <br /> discretion of the Commissioner of Agriculture for North Carolina,the said Commissioner of Agriculture and his or <br /> her successors and assigns shall have the right to enforce the terms of the Easement through any and all authorities <br /> available under Federal or State law. In the event that Grantee attempts to terminate,transfer,or otherwise divest <br /> itself of any rights,title, or interests of this Easement without the prior consent of the Commissioner of Agriculture <br /> and payment of consideration to the State of North Carolina,then, at the option of the Commissioner of <br /> Agriculture, all right,title, and interest in the Easement shall become vested in the State of North Carolina. <br /> 11 <br />