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25 <br /> publicly accessible areas such as public roads and waterways. <br /> 7. ENFORCEMENT <br /> Grantee shall have the right to prevent and correct violations of the terms of this Conservation <br /> Easement in accordance with the following terms: <br /> (A) If Grantee determines that Grantor is in violation of the terms of this Conservation <br /> Easement or that a violation is threatened, Grantee shall give written notice to Grantor of <br /> such violation and demand corrective action sufficient to cure the violation and, where the <br /> violation involves injury to the Property resulting from any use or activity inconsistent with <br /> the purposes of this Conservation Easement, to restore the portion of the Property so <br /> injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice <br /> thereof from Grantee, or if the violation cannot reasonably be cured within said period, <br /> fails to commence to cure such violation within the thirty (30) day period, and thereafter <br /> to diligently prosecute the cure to completion, Grantee may bring an action at law or in <br /> equity to enforce the terms of this Conservation Easement, to enjoin the violation by <br /> temporary and/or permanent injunction,to recover any damages to which it may be entitled <br /> for violation of the terms of this Conservation Easement or injury to any Conservation <br /> Values protected by this Conservation Easement, and to require the restoration of the <br /> Property to the condition that existed prior to any such injury. The failure of Grantee to <br /> discover a violation or to take immediate legal action shall not bar it from doing so at a <br /> later time. Grantee shall also be entitled to recover all reasonable attorneys' fees, court <br /> costs, and other expenses incident to enforcement of this Conservation Easement. <br /> It is the intent of the parties that TLC have the primary responsibility for enforcement of <br /> the terms and conditions of this Conservation Easement, and TLC accepts that <br /> responsibility. However, if TLC fails to fulfill its obligations to enforce the terms and <br /> conditions of this Conservation Easement after notice from the County and a ninety (90) <br /> day period in which to cure its failure to enforce, then the County shall have the right as <br /> Grantee to enforce all the terms and provisions of this Conservation Easement. <br /> Notwithstanding the foregoing, TLC shall obtain the consent of the County as to any <br /> settlement agreement, not to be unreasonably withheld, and TLC shall provide the County <br /> regular updates in the event of a dispute with Grantor. <br /> (B) If a dispute arises between the parties concerning the consistency of any proposed <br /> use or activity with the purpose of this Conservation Easement, and Grantor agrees not to <br /> proceed with the use or activity pending resolution of the dispute, either party shall cause <br /> the dispute to be mediated by request made in writing upon the other. Within thirty (30) <br /> days of the receipt of such a request, the parties shall select a single mediator to mediate <br /> the matter. If the parties are unable to agree on the selection of a single mediator, either or <br /> both may request the Senior Resident Judge of the Superior Court of Orange County, <br /> without the necessity of filing an action, to appoint a mediator. The matter shall then be <br /> mediated in accordance with the then current Rules Implementing Statewide Mediated <br /> Settlement Conferences in Superior Court Civil Actions that were first adopted by the <br /> Supreme Court in 1991, pursuant to N.C. Gen. Stat. § 7A-38.1. To the extent the said <br /> 19 <br />