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BK 6866 PG 701 DOC# 30111878 <br /> Except when an ongoing or imminent violation could irreversibly diminish or impair the <br /> conservation values of the Easement Area, the Grantee shall give the Grantor written notice of the <br /> violation and thirty(30)days to cure the violation, before commencing any legal proceedings.The <br /> Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or <br /> permanently. The parties agree that a court may issue an injunction or order requiring the Grantor to <br /> restore the Grantor's Property to its condition prior to the violation, as restoration of the Property <br /> may be the only appropriate remedy. In any case where a court finds that a violation has occurred, <br /> the Grantor shall reimburse the Grantee for all its expenses incurred in stopping and correcting the <br /> violation,including but not limited to reasonable attorneys' fees. In any case where a court finds no <br /> such violation has occurred, the Grantee shall reimburse the Grantor for all expenses incurred, <br /> including reasonable attorneys' fees. 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 a <br /> reasonable attorney's fee to the prevailing party as provided by law. The failure of the Grantee to <br /> discover a violation or to take immediate legal action shall not bar it from doing so at a later time for <br /> that violation or any subsequent violations. <br /> (b) Grantee shall not bring any action against Grantors for any injury or change to the <br /> Easement Area caused by third parties, or resulting from causes beyond the Grantor's control, <br /> including, without limitation, fire, flood, storm and naturally caused earth movement, or from any <br /> prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate,or <br /> mitigate significant injury to life, damage to the Easement Area or harm to the Easement Area <br /> resulting from such action. <br /> 8. TRANSFER OF EASEMENT. Grantee has the right to transfer,assign,convey,or <br /> otherwise to co-hold the Conservation Easement created by this Deed to any public agency or private <br /> nonprofit organization that,at the time of transfer,is a qualified organization under Section 170(h)of <br /> the U.S. Internal Revenue Code, as amended and under NCG S 121-3 4 et seq.,provided the agency <br /> or organization expressly agrees to assume the responsibility imposed on Grantee by this Deed. If <br /> Grantee ever ceases to exist or no longer qualify under Section 170(h)of the U.S. Internal Revenue <br /> Code,or applicable State law, a court with jurisdiction shall transfer this Conservation Easement to <br /> another qualified organization having similar purposes that agrees to assume the responsibility <br /> 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 and, <br /> by its terms, the conveyance shall be made together with and subject to the terms, conditions and <br /> obligations of this Conservation Easement. <br /> 10. AMENDMENT OF EASEMENT. This easement may be amended only with the <br /> written consent of Grantor and Grantee. Any such amendment shall be consistent with the purposes <br /> of this Conservation Easement and shall comply with Sec. 170(h)of the Internal Revenue Code,or <br /> any regulations promulgated in accordance with that section. Any such amendment shall also be <br /> consistent with the Uniform Conservation and Historic Preservation Agreements Act, N.C. Gen. <br /> Page 10 of 17 <br />