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<br /> Conservation Easement of such areas or features of the Easement Area that may have been
<br /> damaged by such violation, activity, or use. Upon any breach of the terms of this Conservation
<br /> Easement by Grantor that comes to the attention of Grantee, Grantee, may notify Grantor in
<br /> writing of such breach. Grantor shall have ninety(90) days after receipt of such notice to correct
<br /> the conditions constituting such breach. If the breach remains uncured after ninety (90) days,
<br /> Grantee may enforce this Conservation Easement by legal proceedings for damages, injunctive
<br /> relief, and any other legal or equitable remedy. Grantee shall also have the power and authority,
<br /> consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by
<br /> acts which may be unlawful or in violation of this Conservation Easement, (b)to otherwise
<br /> preserve or protect its interest in the Easement Area, and(c)to seek damages from any
<br /> appropriate person or entity. Notwithstanding the foregoing, Grantee has the immediate right,
<br /> without notice, to obtain a temporary restraining order, injunction, or other appropriate relief if a
<br /> breach or threatened breach of the terms of this Conservation Easement is or would irreversibly
<br /> or materially impair the benefits to be derived from this Conservation Easement. Grantor and
<br /> Grantee acknowledge that under such circumstances damage to Grantee would be irreparable and
<br /> remedies at law will be inadequate. The rights and remedies of Grantee provided hereunder shall
<br /> be in addition to, and not in lieu of, all other rights and remedies available to Grantee in
<br /> connection with this Conservation Easement, including,without limitation, those set forth in the
<br /> Grant Contract under which this Conservation Easement was obtained.
<br /> B. Access for Inspection and Right of Entry. Grantee shall have the right, by and
<br /> through its agents and employees, to enter the Property to inspect the Easement Area for
<br /> compliance with this Conservation Easement at all reasonable times and with prior notice and, if
<br /> necessary, cross other lands owned by Grantor for the purposes of(1) inspecting the Easement
<br /> Area to determine if Grantor is complying with this Conservation Easement and its purposes, (2)
<br /> enforcing the terms of this Conservation Easement, (3)taking any and all actions with respect to
<br /> the Easement Area as may be necessary or appropriate with or without order of the Court, to
<br /> remedy or abate violations hereof, and(4) making scientific and educational observations and
<br /> studies and taking samples in such a manner as will not disturb the quiet enjoyment of the
<br /> Easement Area by Grantor.
<br /> C. Termination and Proceeds of Property Rights Created. This Conservation
<br /> Easement gives rise to a property right that is immediately vested in Grantee at the time of
<br /> recordation,with a fair market value that is equal to the proportionate value that the
<br /> Conservation Easement bears to the full value of the whole Property, as if unencumbered by the
<br /> Conservation Easement, on the date of the recording of this Conservation Easement. This
<br /> proportionate value shall remain constant. For the purposes of determining any distribution of
<br /> proceeds pursuant to this Paragraph, Grantor's proportionate contribution to the purchase price
<br /> shall be deemed to be 0%, Orange County's proportionate contribution to the purchase price
<br /> shall be deemed to be 0%, and State of North Carolina's proportionate contribution to the
<br /> purchase price shall be deemed to be 100%. "Proceeds of Sale" shall mean the cash value of all
<br /> money and property paid, transferred, or contributed in consideration for, or as otherwise
<br /> required as a condition to, the taking of, sale of, exchange of, involuntary conversion of, or
<br /> severance damages to, the Property or part thereof, and any money, damages, or just
<br /> compensation otherwise awarded as a result of judicial proceedings, minus Grantor's reasonable
<br /> expenses from such transaction or proceeding.
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