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17 <br /> this Conservation Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Conservation Easement. <br /> 4.5.Conservation Practices. The Grantors,their heirs, successors,or assigns, shall conduct agricultural operations on <br /> the Protected Property in a manner consistent with the Agricultural Conservation Plan prepared by Grantor in <br /> consultation with NRCS and approved by the Soil and Water Conservation district. This Agricultural <br /> Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical <br /> Guide and 7 CFR Part 12 that are in effect on the date of execution of this Easement Deed. However,the Grantor <br /> may develop and implement an Agricultural Conservation Plan that proposes a higher level of conservation and is <br /> consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to <br /> enter upon the Protected Property,with advance notice to the Grantor,in order to monitor compliance with the <br /> Agricultural Conservation Plan. <br /> 4.6.Inspection and Access. With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, <br /> Grantees or NCDA&CS, its employees and agents and its successors and assigns, shall have the right to enter the <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 Grantees 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. Grantees 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 /> Grantees 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 Grantees <br /> shall give the Grantor and NCDA&CS written notice of the violation and Grantor shall have thirty(30) days to <br /> cure the violation,before commencing any legal proceedings. If a court with jurisdiction determines that a <br /> violation may exist or has occurred,the Grantees may obtain an injunction to stop the violation,temporarily or <br /> permanently. The parties agree that a court may issue an injunction or order requiring the Grantor to restore the <br /> Protected Property to its condition prior to the violation, as restoration of the Protected Property may be the only <br /> appropriate remedy. The failure of the Grantees to discover a violation or to take immediate legal action shall not <br /> bar it from doing so at a later time. In any case where a court finds no such violation has occurred, each party shall <br /> bear its own costs. <br /> 4.8. Rights of the State of North Carolina. In the event that the Grantees 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 /> 11 <br />