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<br /> <br /> <br />Page 13 of 21 <br />person for personal injury or death, $300,000 per occurrence, and (ii) $300,000 per occurrence <br />for property damage; and warrant that Grantee is and will remain a named insured on Grantor ’s <br />insurance policies covering the Property. Grantor’s shall provide Grantee with a certificate of <br />insurance coverage on the effective date of this Conservation Easement and within 10 days of <br />each insurance renewal date. <br /> <br />18. Enforcement <br /> <br />With reasonable advance notice to the Grantor or with the Grantor’s prior verbal consent, <br />Grantee shall have the right to enter the Property for the purpose of inspecting for compliance <br />with the terms of this Conservation Easement. Grantee shall have the right to prevent violations <br />and remedy violations of the terms of this Conservation Easement through judicial action, which <br />shall include, without limitation, the right to bring proceedings in law or in equity against any <br />party or parties attempting to violate the terms of this Conservation Easement. Except when an <br />ongoing, or imminent violation could irreversibly diminish or impair the conservation values of <br />the Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to <br />cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction <br />to stop a violation or a threatened violation, temporarily or permanently. The parties agree that a <br />court may issue an injunction or order requiring the Grantor to restore the Property to its <br />condition prior to the violation, as restoration of the property may be the only appropriate <br />remedy. In any case where a court finds that a violation has occurred, the Grantor shall <br />reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including <br />but not limited to reasonable attorneys' fees. The failure of Grantee to discover a violation or to <br />take immediate legal action shall not bar it from doing so at a later time for that violation or any <br />subsequent violations. 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 complete absence of a <br />justiciable issue of either law or fact raised by the losing party, the court may award a reasonable <br />attorney’s fee to the prevailing party as provided by law. <br /> <br />20. Transfer of Conservation Easement <br /> <br />Grantee shall have the right to transfer the Conservation Easement created by this Deed <br />to any public agency or private nonprofit organization that, at the time of transfer, is a qualified <br />organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under <br />NCGS 121-34 et seq., provided the agency or organization expressly agrees to assume the <br />responsibility imposed on Grantee by this Deed. If Grantee ever ceases to exist or no longer <br />qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court <br />with jurisdiction shall transfer this Conservation Easement to another qualified organization <br />having similar purposes that agrees to assume the responsibility imposed by this Conservation <br />Easement. <br /> <br />21. Transfer of Property <br /> <br />The Grantor agree to incorporate by reference the terms of this Conservation Easement in <br />any deed or other legal instrument by which they transfer or divest themselves of any interests, <br />including leasehold interests, in all or a portion of the Property. Grantor shall notify Grantee in <br />Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E