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8/ 10/2007 G . A right to notice of intent to sell . The terms of this right are such that if Grantor intends to sell the Property, or any interest therein or portion thereof, Grantor shall deliver to Grantee notice of such intent, and shall , in good faith , afford Grantee an opportunity to negotiate the acquisition of the Property, or such portion thereof or interest therein that Grantor intends to sell . If Grantee desires to negotiate the acquisition of the Property, or such portion thereof or interest therein , Grantee shall so notify Grantor within 30 days after receipt of Grantor's notice of intent . If Grantor and Grantee are unable , in good faith to agree to terms of an acquisition of the Property, or such interest therein or portion thereof as applicable , within 120 days thereafter, Grantor may sell the Property free of the right granted herein . Provided , however, that closing on such sale shall occur within one year of the date of Grantor's notice to Grantee . If the Property, or such portion thereof or interest therein as is applicable , has not sold within one year after Grantee ' s notice to Grantor that Grantee does not intend to negotiate acquisition of the property or within one year after failure to reach agreement to terms of an acquisition , then any intent to sell the Property thereafter shall require renewed notice to Grantee . This right of notice shall not be triggered by sales or transfers between Grantor and lineal descendants of Grantor or entities in which Grantor owns a majority of the controlling interests . The right or notice granted herein applies to the original Grantor and to said original Grantor's , heirs , successors and assigns . Any transferee takes title to the fee encumbered by this Conservation Easement. G . 1 . Grantee acknowledges that there currently exists a Right of First Refusal entered into on the 3`d day of March , 1999 , between Triple "S " Cattle Company, a Florida Corporation and Padgett Creek LLC , the Grantor hereunder, which Right of First Refusal remains in full force and effect as of the date of the execution of this Deed of Conservation Easement and which right is recorded on the Public Records in OR Book 419 pages 599 and 600 , Public Records of Indian River County. Any transferee takes title to the fee encumbered by this Conservation Easement . G .2 . In the event Grantee acquires fee interest in the Property, this Conservation Easement shall not merge into the fee simple estate , and Indian River County as Grantee covenants to take all necessary steps to assure that the estates do not merge . H . The right to be indemnified by Grantor for any and all liability, loss , damage , expense , judgment or claim ( including a claim for attorney fees ) arising out of any negligent or willful action or activity resulting from the Grantor's use and ownership of or activities on the Property or the use of or activities of Grantor's agents , guests , lessees or invitees on the Property unless solely due to the negligence of Grantee or its agents , in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704 . 06 ( 10 )(2006 ) , the ownership or attempted enforcement of rights held by 4