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13 <br /> "horticultural use"is defined as the art or practice of garden cultivation and management, <br /> including but not limited to growing plants that are used by people for food, for medicinal <br /> purposes, and for aesthetic gratification. <br /> (C) Recreational Use and Other Use <br /> Subject to the terms set forth in Section 2(E), Grantor shall have the right to engage in and <br /> permit others, whether or not for consideration, to engage in "Non-intensive Outdoor <br /> Recreation"on the Property. "Non-intensive Outdoor Recreation"is defined as dispersed, <br /> non-motorized recreational activities that do not generally rely on buildings and have <br /> minimal impact on renewable natural resources. Such activities include but are not limited <br /> to hiking, bird watching, camping, picnicking, horseback riding, and lawful hunting and <br /> fishing that require no surface alterations or other development of the Property. Grantor <br /> may lease or license any portion of the Property for such Non-intensive Outdoor Recreation <br /> purposes. Grantor reserves the right to promulgate and enforce reasonable rules and <br /> regulations for all activities incidental to recreational use of the Property, including but not <br /> limited to the right to prohibit any recreational use that would permit severe damage to or <br /> destruction of other significant Conservation Values of the Property. All hunting and <br /> fishing activities shall be conducted in such a manner so as to not harm any threatened or <br /> endangered species. No hunting, fishing, wildlife enhancement or other recreational <br /> activity shall be conducted in any manner that would permit the "destruction of [any] <br /> significant conservation interest" as that phrase is used in Treas. Reg. § 1.170A-14(e)(2) <br /> or otherwise conflict with the conservation purposes of this Conservation Easement. <br /> Additionally, Grantor also reserves the right to engage in activities carried out on a farm <br /> because of its farm or rural setting and that allows members of the general public, for <br /> recreational, entertainment, or educational purposes, to view or enjoy rural activities, <br /> including farming, ranching, historic, cultural, harvest-your-own activities, or natural <br /> activities and attractions, whether or not the participants pay to participate in the activity <br /> (collectively referred to hereinafter as "Agritourism"). In all events, the manner of <br /> undertaking the activity shall not permit the destruction of any "significant conservation <br /> interest" as that phrase is used in Treas. Reg. § 1.170A-14(e)(2), or otherwise undermine <br /> the conservation purposes of this Conservation Easement. <br /> Grantor and Grantee acknowledge that,in view of the perpetual nature of this Conservation <br /> Easement, they are unable to foresee all potential future uses, future technologies, future <br /> evolution of the Property and other natural resources, and other future occurrences <br /> affecting the purposes of this Conservation Easement. Grantee therefore may approve, or <br /> disapprove, a proposed activity not expressly contemplated by or addressed in this <br /> Conservation Easement, provided that such proposed activity is consistent, or in the case <br /> of disapproval inconsistent,with the purposes of this Conservation Easement. <br /> (D) Envelope(s); Uses; Construction of Buildings and Other Structures and <br /> Improvements <br /> 7 <br />