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16 <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 Grantor 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. Grantor's 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, Grantor is relying upon Grantor's 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 Grantor or Grantor's 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, Grantor <br /> acknowledges, warrants and represents to Grantee that: <br /> (a) Grantor has had the opportunity to be represented by counsel of Grantor's choosing <br /> and fully understand that Grantor is hereby permanently relinquishing property rights <br /> which would otherwise permit Grantor to have a fuller use and enjoyment of the Trail <br /> 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 Grantor, <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 />