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13 <br /> 6.4. Transfer of Easement. Grantee shall have the right to transfer this Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer, is a qualified organization <br /> under 26 U.S.C. Section 170(h) of the Internal Revenue Code, as amended and under NGS 121- <br /> 34 et seq., provided the agency or organization expressly agrees to assume the responsibility <br /> imposed on Grantee by this Easement. As a condition of such transfer, Grantee shall require that <br /> the conservation purposes intended to be advanced hereunder shall be continued to be carried <br /> out. If Grantee ever cease to exist or no longer qualify under 26 U.S.C. Section 170(h) of the <br /> Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this <br /> Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Easement. <br /> 6.5. Inspection and Access. With reasonable advance notice to the Grantor or with Grantor's <br /> prior verbal consent, Grantee, their employees and agents, successors and assigns, shall have the <br /> right to enter the Trail Area for the purpose of inspecting the Trail Area to determine whether <br /> Grantor, their successors or assigns are complying with the terms, conditions and restrictions of <br /> this Easement. <br /> 6.6. Enforcement. Grantee shall have the responsibility for management, monitoring and <br /> enforcement of the terms of this Easement. Grantee shall complete and file the monitoring <br /> reports, a copy of which is kept on file with Orange County. <br /> Grantee shall have the right to prevent violations and remedy violations of the terms of this <br /> Easement through judicial action, which shall include, without limitation, the right to bring <br /> proceedings in law or in equity against any party or parties attempting to violate the terms of this <br /> Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair <br /> the Conservation Values of the Trail Area, Grantee shall give Grantor written notice of the <br /> violation and Grantor shall have thirty (30) days to cure the violation, before commencing any <br /> legal proceedings. If a court of competent jurisdiction determines that a violation may exist or <br /> has occurred, Grantee may obtain an injunction to stop the violation, temporarily or permanently. <br /> The parties agree that a court may issue an injunction or order requiring Grantor to restore the <br /> Trail Area to its condition prior to the violation, as restoration of the Trail Area may be the only <br /> appropriate remedy. The failure of Grantee to discover a violation or to take immediate legal <br /> action shall not bar it from doing so at a later time. In any case where a court finds no such <br /> violation has occurred, each party shall bear its own costs. In any case where the Court finds that <br /> a violation has occurred, Grantee shall have the right to recover its legal costs from Grantor, <br /> including attorney's fees or expenses associated with any enforcement or remedial action as it <br /> relates to the enforcement of this Easement. <br /> ARTICLE VII. REPRESENTATIONS OF THE PARTIES <br /> 7.1. Grantor's Title Warranty. Grantor covenants, represents and warrants (i) that it is the <br /> sole owner and is seized of the Trail Area in fee simple and has the right to grant and convey <br /> this Easement; (ii) that there is legal access to the Trail Area; (iii) that the Trail Area is free and <br /> clear of any and all encumbrances, except those permitted title exceptions listed on Exhibit B, <br /> attached hereto and incorporated herein by this reference, none of which would nullify, impair <br /> -8- <br />