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16 <br /> (a) With reasonable advance notice provided to the Grantor or with the Grantor's <br /> prior verbal consent, the Grantee shall have the right to enter the Grantor's Property for the <br /> purpose of inspecting for compliance with the terms of this Conservation Easement. The <br /> Grantee shall have the right to prevent violations and remedy violations of the terms of this <br /> Conservation Easement through judicial action, which shall include, without limitation, the right <br /> to bring proceedings in law or in equity against any party or parties attempting to violate the <br /> terms of this Conservation Easement. Except when an ongoing or imminent violation could <br /> irreversibly diminish or impair the conservation values of the Property, the Grantee shall give the <br /> Grantor written notice of the violation and thirty (30) days to cure the violation, before <br /> commencing any legal proceedings. The Grantee may obtain an injunction to stop a violation or <br /> a threatened violation, temporarily or permanently. The parties agree that a court may issue an <br /> injunction or order requiring the Grantor to restore the Grantor's Property to its condition prior to <br /> the violation, as restoration of the property may be the only appropriate remedy. In any case <br /> where a court finds that a violation has occurred, the Grantor shall reimburse the Grantee for all <br /> its expenses incurred in stopping and correcting the violation, including but not limited to <br /> reasonable attorneys' fees. In any case where a court finds no such violation has occurred, each <br /> party shall bear its own costs. In any case where the court finds that there was a complete <br /> absence of a justiciable issue of either law or fact raised by the losing party, the court may award <br /> a reasonable attorney's fee to the prevailing party as provided by law. The failure of the Grantee <br /> to discover a violation or to take immediate legal action shall not bar it from doing so at a later <br /> time for that violation or any subsequent violations. <br /> (b) Grantee shall not bring any action against Grantors for any injury or change to <br /> the Property caused by third parties, or resulting from causes beyond the Grantors' control, <br /> including, without limitation, fire, flood, storm and naturally caused earth movement, or from <br /> any prudent action taken in good faith by the Grantors under emergency conditions to prevent, <br /> abate, or mitigate significant injury to life, damage to the Property or harm to the Property <br /> resulting from such action. <br /> 8. TRANSFER OF EASEMENT. Grantee has the right to transfer, assign, convey, <br /> or otherwise to co-hold the Conservation Easement created by this Deed to any public agency or <br /> private nonprofit organization that, at the time of transfer, is a qualified organization under <br /> Section 170(h) of the U.S. Internal Revenue Code, as amended and under NCGS 121-34 et seq., <br /> provided the agency or organization expressly agrees to assume the responsibility imposed on <br /> Grantee by this Deed. If Grantee ever ceases to exist or no longer qualify under Section 170(h) <br /> of the U.S. Internal Revenue Code, or applicable State law, a court with jurisdiction shall transfer <br /> this Conservation Easement to another qualified organization having similar purposes that agrees <br /> to assume the responsibility imposed by this Conservation Easement. <br /> 9. TRANSFER OF THE PROPERTY. Grantors shall notify Grantee, in writing, at <br /> least thirty(30) days prior to any conveyance by Grantors of the Property or any interest in the <br /> Property, and the document of conveyance shall expressly refer to this Conservation Easement <br /> and, by its terms, the conveyance shall be made subject to and subordinate to this Conservation <br /> Easement. <br /> Page 10 of 17 <br />