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16 <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 /> 10. AMENDMENT OF EASEMENT. This easement may be amended only with <br /> the written consent of Grantor and Grantee. Any such amendment shall be consistent with the <br /> purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal <br /> Revenue Code, or any regulations promulgated in accordance with that section. Any such <br /> amendment shall also be consistent with the Uniform Conservation and Historic Preservation <br /> Agreements Act,N.C. Gen. Stat. § 121-34 et seq., or any regulations promulgated pursuant to <br /> that law. The Grantor and Grantee have no right or power to agree to any amendment that would <br /> affect the enforceability of this Conservation Easement. <br /> 11. TERMINATION OF EASEMENT. If it is determined by a court with <br /> jurisdiction that conditions on or surrounding the Property have changed so much that it is <br /> impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at <br /> the joint request of both the Grantor and Grantee, terminate this Conservation Easement. <br /> Page 10 of 17 <br />