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Walters Conservation Easement draft 05/18/01 <br />(a) Taxes -- The Grantors shall continue to be solely responsible for payment of all <br />taxes and assessments levied against the Property. If the Grantee is ever required to pay any <br />taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for <br />the same. <br />(b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible <br />for the upkeep and maintenance of the Property, to the extent it may be required by law. The <br />Grantees shall have no obligation for the upkeep or maintenance of the Property. <br />(c) Liability and Indemnification -- Grantors agree to indemnify and hold Grantee <br />harmless from any and all costs, claims or liability, including but not limited to reasonable <br />attorneys' fees arising from any personal injury, accidents, negligence or damage relating to <br />the Property,. or any claim thereof, unless due to the negligence of Grantee or its agents, in <br />which case liability shall be apportioned accordingly. In addition, Grantors agree to maintain <br />liability insurance covering the Property with the limits as follows: , <br />,and <br />and warrant that Grantee is and will remain a named insured on <br />Grantors' Property insurance policies covering the Property. Grantors shall provide Grantee <br />with a certificate of insurance coverage on the effective date of this Easement and within 10 <br />days of each insurance renewal date. <br />16. Extinguishment of Development Rights <br />Except as otherwise reserved to the Grantors in this Easement, the parties agree that <br />all development rights appurtenant to the Property are hereby released, terminated and <br />extinguished, and may not be used on or transferred to any portion of the Property as it now or <br />hereafter may be bounded or described, or to any other property adjacent or otherwise, nor <br />used for the purpose of calculating permissible lot yield of the Property or any other property. <br />I7. Enforcement <br />With reasonable advance notice to the Grantors, the Grantee shall have the right to <br />enter the Property for the purpose of inspecting for compliance with the terms of this <br />Easement. The Grantee shall have the right to prevent violations and remedy violations of the <br />terms of this Easement through judicial action, which shall include, without limitation, the <br />right to bring proceedings in law ar in equity against any party or parties attempting to violate <br />the terms of this Easement. Except when an ongoing, or imminent violation could irreversibly <br />diminish or impair the conservation values of the Property, the Grantee shall give the Grantors <br />written notice of the violation and thirty (30) days to cure the violation, before commencing <br />any legal proceedings. If a court with jurisdiction determines that a violation may exist or has <br />occurred. the Grantee 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 <br />Grantors to restore the Property to its condition prior to the violation as restoration of the <br />property may be the only appropriate remedy. In any case where a court finds that a violation <br />has occurred, .the Grantors shall reimburse the Grantee for all its expenses incurred in stopping <br />and correcting the violation, including but not limited to reasonable attorneys' fees. The <br />1~ <br />