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11 <br />not available, the Grantee, its employees and agents and its successors and assigns, have the <br />right, with reasonable notice, to enter the Property at reasonable times for the purpose of <br />inspecting the Easement Area to determine whether the Grantor, Grantor's representatives, or <br />assigns are complying with the terms, conditions and restrictions of this Conservation <br />Easement. <br />C. Changed Conditions. The grant or donation of this Conservation Easement <br />gives rise to a property right immediately vested in Grantee, with a fair market value equal to <br />the proportionate value that the Conservation Easement bears to the value of the Property as a <br />whole. That proportionate value of Grantee's property rights shall remain constant. If a <br />change in conditions occurs, which makes impossible or impractical any continued protection <br />of the Property for conservation purposes, the restrictions contained herein may only be <br />extinguished by judicial proceeding. Upon such proceedings, such portion shall be equal <br />to the proportionate value that Grantees', its successors' and assigns', interest in the <br />Easement Area bears to the value of the Property as a whole as of the date of the <br />recording of this Conservation Easement. "Proceeds of Sale" shall mean the cash value of <br />all money and property paid, transferred or contributed in consideration for, or as otherwise <br />required as a condition to the sale, exchange or involuntary conversion of the Conservation <br />Area, or any damages otherwise awarded as a result of judicial proceeding, minus the <br />Grantor's expenses from such transaction or proceeding. Grantee, its successors and assigns, <br />shall use its share of the proceeds of <br />D. Condemnation. Whenever all or part of the Property is taken by exercise of <br />eminent domain by public, corporate or other authority, or by negotiated sale in lieu of <br />condemnation, so as to abrogate the restrictions imposed by this Conservation Easement, the <br />Grantor shall immediately give notice to Grantee, State and the Fund, and shall take all <br />appropriate actions at the time of such taking or sate to recover the full value of the taking and <br />all incidental or direct damages resulting from the taking, which any proceeds recovered in <br />such actions shall be divided in accordance with the proportionate value of Grantor's and <br />Grantee's interests as specified herein; all expenses including attorneys' fees incurred by <br />Grantor and Grantee in such action shall be paid our of the recovered proceeds to the extent <br />not paid by the condemning authority. The Grantee, its successors and assigns, shall be <br />entitled to a portion of the proceeds of such sale, exchange, involuntary conversion of the <br />Property, or any damage award with respect to any judicial proceeding. Such portion shall <br />be equal to the proportionate value that Grantees', its successors' and assigns' interest <br />in the Easement Area bears to the value of the Property as a whole as of the date of the <br />recording of this Conservation Easement. "Proceeds of Sale" shall mean the cash value of <br />all money and property paid, transferred or contributed in consideration for, or as otherwise <br />required as a condition to the sale, exchange or involuntary conversion of the Conservation <br />Area, or any damages otherwise awarded as a result of judicial proceeding, minus the <br />Grantor's expenses from such transaction or proceeding.. Grantee, its successors and assigns, <br />shall use its share of the proceeds of sale in a manner consistent with the conservation <br />purposes set forth herein. <br />11 <br />