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DocuSign Envelope ID:9A4D309B-6AAB-44AA-9D5E-839E5DD918EF <br /> II �,����� ����1lllllllllllllllllllllllll <br /> R34730 12 7114 <br /> 6. Discretionary Consent. Grantee's consent for activities otherwise prohibited above,or for <br /> any activities requiring Grantee's consent above, may be given under the circumstances described in this <br /> paragraph. If,owing to unforeseen or changed circumstances, both Grantor and Grantee deem any of the <br /> activities prohibited above to be desirable, Grantee may, in its sole discretion, give permission for such <br /> activities, subject to the limitations herein. Such requests for permission, and permission for activities <br /> requiring Grantee's consent, shall be in writing and shall describe the proposed activity in sufficient detail <br /> to allow Grantee to judge the consistency of the proposed activity with the purpose of this Conservation <br /> Easement. Grantee may give its permission only if it determines, in its sole discretion,that such activities <br /> (1)do not violate the purpose of this Conservation Easement and(2)either enhance or do not impair any <br /> significant conservation interests associated with the Property. Notwithstanding the foregoing, except as <br /> provided in paragraph 12, Grantee and Grantor have no right or power to agree to any activities that <br /> would result in the termination of this Conservation Easement or to allow any additional structures or <br /> activities not in keeping with the purposes of this Conservation Easement. <br /> 7. Responsibilities of Grantor and Grantees Not Affected. Other than as specified herein, <br /> this Conservation Easement is not intended to impose any legal or other responsibility on Grantor, or in <br /> any way to affect any existing obligation of Grantor as owners of the property. Among other things,this <br /> shall apply to: <br /> a. Taxes. Grantor shall be solely responsible for payment of all taxes and <br /> assessments levied against the Property, if any. if Grantee is ever required to pay any taxes or <br /> assessments on its interest in the Property,Grantor will reimburse Grantee for the same. <br /> b. Upkeep and Maintenance. Grantor shall be solely responsible for the upkeep and <br /> maintenance of the Property. Grantee shall have no obligation for the upkeep or maintenance of the <br /> Property. <br /> C. Liability and Indemnification. To the extent provided for by an insurance policy <br /> or policies held by Grantor, Grantor agrees to indemnify and hold Grantee harmless from any and all <br /> costs,claims or liability,including but not limited to reasonable attorneys' fees arising from any personal <br /> injury, accidents, negligence or damage relating to the Property, or any claim thereof. Notwithstanding <br /> the foregoing, if such costs, claims or liability arise from any personal injury, accidents, negligence or <br /> damage relating to the Property caused by the negligence of Grantee or its agents, the liability shall be <br /> apportioned accordingly. <br /> S. Enforcement. Grantee shall have the right to prevent and correct violations of the terms <br /> of this Conservation Easement. With seven (7) days advance written notice to Grantor, Grantee may <br /> enter the Property for the purpose of inspecting for violations. If Grantee finds a violation, it may at its <br /> discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly <br /> diminish or impair or the Conservation Values within either of the Envelopes,Grantee shall give Grantor <br /> written notice of the violation and sixty(60)days to correct it, before filing any legal action. If a court <br /> with jurisdiction determines that a violation may exist or has occurred,Grantee may obtain an injunction <br /> to stop it, temporarily or permanently. A court may also issue an injunction requiring Grantor to restore <br /> the Property to its condition prior to the violation. The failure of Grantee to discover a violation or to take <br /> immediate legal action shall not bar it from doing so at a later time. <br /> R. Transfer of Easement. Grantee shall have the right to transfer this Conservation <br /> Easement to any public agency or private nonprofit organization that (a) is approved by Grantor, such <br /> 7 <br />