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48 <br />assigns are complying with the terms, conditions and restrictions of this Conservation <br />Easement. - <br />C. Acts ~e and Grantor's Control. Nothing contained in this Conservation <br />Easement shall be construed to entitle Grantee to bring any action against Grantor far any <br />injury or change in the Property caused by third parties, resulting from causes beyond the <br />Grantor's control, including, without limitation, fire, flood, storm, and earth movement, ar <br />from any prudent action taken in good faith by the Grantor under emergency conditions to <br />prevent, abate, or mitigate significant injury to life; damage to property or harm to. the <br />Property resulting from such causes. . <br />D. Costs of Enforcement, Any costs incurred by Grantee in enforcing the terms <br />of this Conservation Easement against Grantor, including, without limitation, any costs of <br />restoration necessitated- by Grantor's acts or omissions in violation of the terms of this <br />Conservation Easement, shall be borne by Grantor. <br />E. No Waiver. Enforcement of this Easement shall be at the discretion of the <br />Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any <br />breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee <br />of such term or of any subsequent breach of the same or of any oilier term of this easement or <br />of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall <br />impair such right ar remedy or be construed as a waiver. <br />ARTICLE V. DOCUMENTATION AND TITLE <br />A: Properi~Condition. The parties acknowledge that the Property is <br />,< ~ with no improvements other than as described in Exhibit A and" easements <br />and rights of way of record. <br />B. Title. The Grantor covenants and represents that the Grantor is the sole owner <br />and is seized of the Property in fee simple and has good right to grant and convey the <br />aforesaid Conservation Easement; that there is legal access to the Property, that the Property is <br />free and clear of any and all encumbrances, except easements of record, none of which would <br />nullify, impair or limit in a~ way the terms ar effect of this Conservation Easement; Grantor <br />shall defend its title against the claims of all persons whomsoever, and Grantor covenants that <br />the Grantee shall have the use of and enjoy all of the benefits derived from and arising out of <br />the aforesaid Conservation Easement. <br />ARTICLE VI. NIISCELLANEOUS <br />A. Subs uent Transfers. Grantor agrees for itself, its successors and' assigns, to <br />notify Grantee in writing of the names and addresses of any party to whom the Property, ar <br />any part thereof, is to be transferred at or prior to the time said transfer is consummated. <br />Grantor, for itself, its successors and. assigns, further agrees to make specific reference to this <br />ORANGE COUNTY 99d~147 Ees~~rr_nAC~ ~arrrnaa i~1•_~~ ene <br />