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12 <br />E. Acts Beyond Grantor's Control. Nothing contained in this Conservation <br />Easement shall be construed to entitle Grantee to bring any action against Grantor for any <br />injury or change in the Easemer t Area caused by third parties, resulting from causes beyond <br />the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or <br />from any prudent action taken In good faith by the Grantor under emergency conditions to <br />prevent, abate, or mitigate signil icant injury to life, damage to Easement Area or harm to the <br />Easement Area resulting from su ch causes. <br />F. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms <br />of this Conservation Easement against Grantor, including, without limitation, any costs of <br />restoration necessitated by Grantor's acts or omissions in violation of the terms of this <br />Conservation Easement, shall be borne by Grantor. <br />G. No Waiver. Enforcement of this Conservation Easement shall be at the <br />discretion of the Grantee and air it forbearance by Grantee to exercise its rights hereunder in the <br />event of any breach of any ten n set forth herein shall not be deemed or construed to be a <br />waiver by Grantee of such term or of any subsequent breach of the same or of any other term <br />of this easement or of Grantee's rights. No delay or omission by Grantee in exercise of any <br />right or remedy shall impair sucl i right or remedy or be construed as a waiver. <br />ARTICLE V. DOCUMENTATION AND TITLE <br />A. Easement Area 1 "ondition. The parties acknowledge that the Easement Area is <br />undeveloped, with no improven Tents other than as described in Exhibit C and easements and <br />rights of way of record. <br />B. Title. The Gran :or covenants and represents that the Grantor is the sole owner <br />and is seized of the Easement Area in fee simple and has good right to grant and convey the <br />aforesaid Conservation Easeme lt; that there is legal access to the Property and the Easement <br />Area, that the Easement Area is free and clear of any and all encumbrances, except easements <br />of record, none of which wouk nullify, impair or limit in any way the terms or effect of this <br />Conservation Easement; Grani or shall defend its title against the claims of all persons <br />whomsoever, and Grantor covenants that the Grantee, its successors and assigns, shall have <br />the right to monitor and defend the terms of the aforesaid Conservation Easement. <br />ARTICLE VI. MISCELLANEOUS <br />A. Subsequent Tray sfers of the Fee. Grantor agrees for itself, its successors and <br />assigns, that in the event it transfers the Property, or any portion thereof, which includes the <br />Easement Area described herb i, to notify the Grantee and the State in writing of the names <br />and addresses of any party to wl iom the Property is to be transferred at or prior to the time said <br />transfer is consummated. Grant or, for itself, its successors and assigns, further agrees to make <br />specific reference to this Conservation Easement in a separate paragraph of any subsequent <br />12 <br />