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5. Allowances Specific to Eastern Forest Envelope. Grantor may construct and maintain <br />pervious walking trails, educational signs and kiosks, pedestrian bridges, benches and picnic shelters in <br />the Eastern Forest Envelope provided they are reasonably conducted in a manner reasonably calculated to <br />minimize impact to the Conservation Values of the Envelope and minimize the adverse impacts to water <br />quality. <br />6. Rights Retained by Grantor. Grantor retains the right to perform any act or undertake any <br />use not specifically prohibited or limited by this Conservation Easement. These ownership rights include, <br />but are not limited to, the right to exclude any member of the public from trespassing on the Property and <br />the right to sell, give, mortgage, lease, license or otherwise transfer the Property or interest therein to <br />anyone they choose and the right to quiet enjoyment of their Property. Nothing contained in this <br />Conservation Easement shall give or grant to the public a right to enter upon or to use the Property or <br />any portion thereof if no such right existed in the public immediately prior to the execution of this <br />Conservation Easement. <br />7. Discretionary Consent. Grantee's consent for activities otherwise prohibited above, or for <br />any activities requiring Grantee's consent above, may be given under the circumstances described in this <br />paragraph. If, owing to unforeseen or changed circumstances, both Grantor and Grantee deem any of the <br />activities prohibited above to be desirable, Grantee may, in its sole discretion, give permission for such <br />activities, subject to the limitations herein. Such requests for permission, and permission for activities <br />requiring Grantee's consent, shall be in writing and shall describe the proposed activity in sufficient detail <br />to allow Grantee to judge the consistency of the proposed activity with the purpose of this Conservation <br />Easement. Grantee may give its permission only if it determines, in its sole discretion, that such activities <br />(1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any <br />significant conservation interests associated with the Property. Notwithstanding the foregoing, except as <br />provided in paragraph 13, Grantee and Grantor have no right or power to agree to any activities that <br />would result in the termination of this Conservation Easement or to allow any additional structures or <br />activities not in keeping with the purposes of this Conservation Easement. <br />8. Responsibilities of Grantor and Grantees Not Affected. Other than as specified herein, <br />this Conservation Easement is not intended to impose any legal or other responsibility on Grantor, or in <br />any way to affect any existing obligation of Grantor as owners of the property. Among other things, this <br />shall apply to: <br />a. Taxes. Grantor shall be solely responsible for payment of all taxes and <br />assessments levied against the Property, if any. If Grantee is ever required- to pay any taxes or <br />assessments on its interest in the Property, Grantor will reimburse Grantee for the same. <br />b. Upkeep and Maintenance. Grantor shall be solely responsible for the upkeep and <br />maintenance of the Property. Grantee shall have no obligation for the upkeep or maintenance of the <br />Property. <br />a Liability and Indemnification. To the extent provided for by an insurance policy <br />or policies held by Grantor, Grantor agrees to indemnify and hold Grantee harmless from any and all <br />costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any personal <br />injury, accidents, negligence or damage relating to the Property, or any claim thereof. Notwithstanding <br />the foregoing, if such costs, claims or liability arise from any personal injury, accidents, negligence or <br />KCBCM: 252126.5 <br />7 <br />