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activity is not otherwise prohibited or limited under this Easement, Grantor agrees that <br /> commercial recreational uses are not permitted within the Trail Area . <br /> ARTICLE VI, ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE <br /> This Easement is not intended in any way to affect any existing obligation of the Grantor as <br /> owner of the Property. Among other things, this shall apply to : <br /> 6 . 1 . Taxes . Grantor shall continue to be solely responsible for payment of all taxes and <br /> assessments levied against the Property. If Grantee is ever required to pay any taxes or <br /> assessments on their interest in the Property, Grantor shall upon demand reimburse Grantee for <br /> the same . <br /> 6 . 2 . Upkeep and Maintenance . Trail Area shall be maintained so as to not interfere with the <br /> intended use of the trail and amenities . <br /> (a) Grantors shall continue to be solely responsible for the upkeep and maintenance of <br /> the Trail Area apart from the trail and amenities . Grantee shall have no obligation for <br /> the upkeep or maintenance of the Trail Area, except as described herein. <br /> (b) Grantee shall be solely responsible for construction, upkeep, and maintenance of the <br /> Trail and Amenities, except as described herein . Grantee shall make periodic <br /> inspections to ensure the upkeep and maintenance of the Trail and Amenities . Upon <br /> notice from Grantors of any upkeep or maintenance issue'. Grantee shall make <br /> additional inspection and plan of remediation. Such plan of remediation shall occur <br /> within one year of notice . <br /> 6 . 3 . Transfer of Trail Area. Grantor agrees to incorporate by reference the terms of this <br /> Easement in any deed or other legal instrument by which they transfer or divest themselves of <br /> any interest, including leasehold interests, in the Trail Area. Grantor shall notify Grantee in <br /> writing at least thirty (3 0) days before conveying the Trail Area, or any interest therein : Failure <br /> of Grantor to do so shall not impair the validity of the Easement or limit its enforceability in any <br /> way . <br /> 6 . 4 . Transfer of Easement . Grantee shall have the right to transfer this Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer, is a qualified organization <br /> under 26 U . S . C . Section 170 (h) of the Internal Revenue Code, as amended and under NGS 121 - <br /> 34 et seq . , provided the agency or organization expressly agrees to assume the responsibility <br /> imposed on Grantee by this Easement . As a condition of such transfer, Grantee shall require that <br /> the conservation purposes intended to be advanced hereunder shall be continued to be carried <br /> out . If Grantee ever cease to exist or no longer qualify under 26 U . S . C . Section 170 (h) of the <br /> Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this <br /> Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Easement . <br /> - 8 - <br />