Agenda - 12-01-2003-5a - Laserfiche WebLink

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Draft 12/1/03 (clew:) 14 I8. Enforcement With reasonable advance notice to the Grantors or with the Grantors' prior verbal consent, the Grantee shall have the right to enter the Property for the purpose of inspecting for compliance with the terms of this Easement. The Grantee shall have the right to prevent violations and remedy violations of the terms of this Easement through ,judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of'this Easement. Except when an ongoing, or imminent violation could irreversibly diminish or impair the conservation values of the Property, the Grantee shall give the Grantors written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings. If a court with ,jurisdiction determines that a violation may exist or has occurred, the Grantee may obtain an injunction to stop the violation, temporarily or permanently. The parties agree that a court may issue an injunction or order requiring the Grantors to restore the Property to its condition prior to the violation, as restoration of the property may be the only appropriate remedy. In any case where a court finds that a violation has occurred, the Grantors shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys' fees. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time.. In any case where a court finds no such violation has occurred, each party shall bear its own costs. In the event that Grantee fails to enforce any of the terms of'this Easement, as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the Easement through any and all authorities available under Federal or State law. In the event that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Easement without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this Easement shall become vested in the UNITED STATES OF AMERICA.. 19. Transfer of Easement Subject to the contingent rights of the United States of America as specified in paragraph 18 and other pertinent paragraphs herein, and with timely written notice to and approval of the United States Department of Agriculture, the Grantee shall have the right to transfer the Easement created by this Deed to any public agency or to any private nonprofit organization approved by Grantee, such approval to not be urueasonably withheld, that, at the time of transfer, is a qualified organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under NCGS 121-34 et seq., provided the agency or organization expressly agrees to assume the responsibility imposed on the Grantee by this Deed.. If the Grantee ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court with ,jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed by this Easement..