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16 <br /> 8.10. Entire Agreement. This instrument sets forth the entire agreement of the Parties with <br /> respect to the Easement and supersedes all prior discussions, negotiations,understandings or <br /> agreements relating to the Easement. If any provision is found to be invalid, the remainder of the <br /> provisions of this Easement, and the application of such provision to persons of circumstances <br /> other than those as to which it is found to be invalid, shall not be affected thereby. <br /> 8.11. Availability or Amount of Tax Benefits. Grantee make no warranty, representation or <br /> other assurance regarding the availability, amount or effect of any deduction, credit or other <br /> benefit to Grantors or any other person or entity under United States or any state, local or other <br /> tax law to be derived from the donation of any part of the value of this Easement or other <br /> transaction associated with the donation of this Easement. Grantors' donation is not conditioned <br /> upon the availability or amount of any such deduction, credit or other benefit. Grantee makes no <br /> warranty, representation or other assurance regarding the value of this Easement or of the Trail <br /> Area. As to all of the foregoing, Grantors are relying upon Grantors' own legal counsel, <br /> accountant, financial advisor or other consultant and not upon Grantee's legal counsel, <br /> accountant, financial advisor or other consultant of Grantee. In the event of any audit or other <br /> inquiry of a governmental authority into the effect of this donation upon the taxation or financial <br /> affairs involving Grantors or Grantors' heirs, successors or assigns or other similar matter then <br /> Grantee shall be reimbursed and indemnified for any cost or expense of any kind or nature <br /> whatsoever incurred by Grantee in responding or replying thereto. <br /> 8.12. Warranties and Representations of Owner. By signing this Easement, Grantors <br /> acknowledges, warrants and represents to Grantee that: <br /> (a) Grantors have had the opportunity to be represented by counsel of Grantors' choosing <br /> and fully understand that Grantors are hereby permanently relinquishing property <br /> rights which would otherwise permit Grantors to have a fuller use and enjoyment of <br /> the Trail Area. <br /> (b) There are no recorded or unrecorded leases or other agreements for the production of <br /> minerals or removal of timber from the Trail Area which would, if any of the <br /> activities permitted under such lease or other agreement were undertaken by Grantors, <br /> violate the covenants or restrictions in this Easement or otherwise defeat the <br /> conservation Purpose. <br /> TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, their successors <br /> and assigns, forever. <br /> - 12- <br />