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K . Entire Agreement . The Recitals set forth above and the exhibits , if any , attached <br /> hereto are incorporated herein by reference . This instrument , including the Grant Contract <br /> incorporated by reference herein , sets forth the entire agreement of the Parties with respect to the <br /> Project and supersedes all prior discussions , negotiations , understandings , and agreements <br /> relating to the Project . To the extent that this Conservation Easement is in conflict with the Grant <br /> Contract, the terms of this Conservation Easement shall control . <br /> L . Interpretation and Severance . This Conservation Easement shall be construed and <br /> interpreted under the laws of the State and the United States , and any ambiguities herein shall be <br /> resolved so as to give maximum effect to the conservation purposes sought to be protected <br /> herein . The normal rule of construction of ambiguities against the drafting party shall not apply <br /> in the interpretation of this Conservation Easement . Further, this Conservation Easement shall be <br /> construed to promote the purposes of the Act, which authorizes the creation of conservation <br /> agreements for purposes including those set forth herein, and such conservation purposes as are <br /> defined in Section 170 (h) (4) (A) of the Code . If any provision of this Conservation Easement is <br /> found to be invalid , the remainder of the provisions of this Conservation Easement, and the <br /> application of such provisions to persons or circumstances other than those as to which it is <br /> found to be invalid , shall not be affected thereby and shall remain in fiill force and effect . <br /> M . Parties . Every provision of this Conservation Easement that applies to Grantor or <br /> to Grantee or to Fund shall likewise apply to their respective executors , administrators, <br /> successors , and assigns . <br /> N . No Extinguishment through Merge . The Parties agree that the doctrine of <br /> extinguishment by merger shall not apply to this Conservation Easement because of the public <br /> interest in its enforcement . The Parties agree that this Conservation Easement and its terms shall <br /> survive any coming together of the ownership of the fee interest in the Property and the <br /> Conservation Easement interest , and that this Conservation Easement shall not be merged into <br /> the fee interest . Further, the Parties agree that if Grantee, or any successor in interest to Grantee , <br /> acquires title to any fee interest in the Property subject to this Conservation Easement, (1 ) said <br /> owner shall observe and be bound by the obligations and the restrictions imposed upon the <br /> Property by this Conservation Easement and (ii) this Conservation Easement shall not be <br /> extinguished through the doctrine of merger in any way in view of the public interest in its <br /> enforcement . <br /> O . Subsequent Liens . No provision of this Conservation Easement shall be construed <br /> as impairing the ability of Grantor to use the Property for collateral for borrowing purposes, <br /> provided that any mortgage or lien arising therefrom shall be subordinate to this Conservation <br /> Easement . <br /> P . Gender. The designations Grantor, Grantee , State, and Fund , as used herein shall <br /> include the persons or entities indicated and their administrators , successors , and assigns, and <br /> shall include the singular, plural , masculine , feminine , or neuter as the context may require . <br /> NCLWF Property CF Template - rev. Oct 2023 <br /> 15of18 <br />