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26 <br /> Rules do not apply, the Mediator may set the rules, including the time and place for the <br /> mediation, and other such matters, in accordance with the practice that is customary in <br /> Orange County, North Carolina. In the event the mediation is unsuccessful, either party <br /> may proceed with litigation in a court of competent jurisdiction.All costs of said mediation <br /> shall be divided equally between Grantor and Grantee. It is the intent of this paragraph <br /> that such litigation may not be commenced until pre-litigation mediation is attempted by <br /> the parties so long as Grantor agrees not to proceed with the use or activity pending <br /> resolution of the dispute. <br /> (C) Notwithstanding any other provision in this Section, in the event that Grantee <br /> reasonably determines that a violation of the terms of this Conservation Easement occurs <br /> or threatens to occur and that such violation would cause immediate and irreparable injury <br /> for which Grantee would have no adequate remedy at law, Grantee may immediately and <br /> without notice bring an action at law or in equity to enforce the terms of this Conservation <br /> Easement, to enjoin the violation by temporary and/or permanent injunction, to recover <br /> any damages to which it may be entitled for violation of the terms of this Conservation <br /> Easement or injury to any Conservation Values protected by this Conservation Easement, <br /> and to require the restoration of the Property to the condition that existed prior to any such <br /> injury. <br /> (D) Grantor waives any bond requirement otherwise applicable to any petition for <br /> injunctive relief sought by Grantee to enforce its rights with respect to the Property. <br /> (E) Grantee has the right in its sole discretion to allow minor deviations of express <br /> height, width, footprint, and area limitations in connection with the construction or <br /> installation of buildings and other improvements, and to allow de minimis encroachments <br /> of improvements within the Water Quality Buffer, provided that Grantee determines in its <br /> sole discretion that (i) the allowed deviation or encroachment is compatible with the <br /> purposes of this Conservation Easement, and (ii) the allowed deviation or encroachment <br /> will not harm the Conservation Values of the Property. <br /> 8. ACTS OF THIRD PARTIES. <br /> Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring <br /> any action against Grantor for any injury to or change in the Property resulting from (a) acts of <br /> third parties legally authorized to act by recorded instrument or other legally established rights to <br /> which this Conservation Easement is subject; (b) the wrongful acts of third parties other than <br /> Grantor's agents, employees, invitees or contractors (provided the Grantor has taken reasonable <br /> actions to prevent such third parties from trespassing and from causing harm to the Property and <br /> has not authorized, consented to or participated in the acts of such third parties); or causes beyond <br /> Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from <br /> prudent actions taken in good faith by the Grantor under emergency conditions to prevent, abate, <br /> or mitigate significant injury to life,property damage, or harm to the Property resulting from such <br /> causes. Grantor shall notify Grantee of any act or occurrence that would adversely affect or <br /> interfere with the purpose of this Conservation Easement,whether caused by the Grantor's acts or <br /> omissions or by a third party or parties or causes beyond Grantor's control. In the event of a <br /> 20 <br />