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BK 6875 PG 2098 DOC# 30116168 <br /> condition prior to the violation, as restoration of the property may be the only <br /> appropriate remedy. In any case where a court finds that a violation has occurred , <br /> the Grantors shall reimburse the Grantee for all its expenses incurred in stopping <br /> and correcting the violation, including but not limited to reasonable attorneys ' <br /> fees . In any case where a court finds no such violation has occurred, each party <br /> shall bear its own costs . In any case where the court finds that there was a <br /> complete absence of a justiciable issue of either law or fact raised by the losing <br /> party, the court may award a reasonable attorney ' s fee to the prevailing party as <br /> provided by law . The failure of the Grantee to discover a violation or to take <br /> immediate legal action shall not bar it from doing so at a later time for that <br /> violation or any subsequent violations . <br /> (b) Third Party Right of Enforcement. In the event that the Grantee fails to enforce <br /> any terms in this Conservation Easement, the State of North Carolina shall have <br /> the independent right to enforce the terms of this Conservation Easement through <br /> any and all means and authorities available under law or equity . Any forbearance <br /> by the State to exercise this right of enforcement shall not be deemed or construed <br /> to be a waiver by the State of such right in general or with respect to a specific <br /> violation of any of the terms of this Conservation Easement . Grantors grant the <br /> State, and its agents, employees , and representatives the right of entry and access <br /> to the Property for the purposes of inspecting the Easement Area and carrying out <br /> its third party rights of enforcement set forth herein. <br /> (c) 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 <br /> Grantors ' control , including, without limitation, fire, flood, storm and naturally <br /> caused earth movement, or from any prudent action taken in good faith by the <br /> Grantors under emergency conditions to prevent, abate, or mitigate significant <br /> injury to life, damage to the Property or harm to the Property resulting from such <br /> 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 M34 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 /> Page 11 of 26 <br /> Book 6875 <br />