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8/ 10/2007 <br /> Grantee does not subject the Grantee to any liability for any damage or injury that may <br /> be suffered by any person on the Property or as a result of the condition of the Property <br /> encumbered by a Conservation Easement. Further, nothing in this Conservation <br /> Easement shall be deemed or construed as a waiver of the sovereign immunity of <br /> Indian River County as Grantee . <br /> 1 . The right to be indemnified by Grantor for any liability for injury or property <br /> damage to persons on the Property arising out of any condition of the Property known to <br /> the Grantor to the best of Grantor's knowledge unless solely due to the negligence of <br /> Grantee or its agents , in which case liability shall be prorated accordingly. Pursuant to <br /> Florida Statutes section 704 . 06( 10)(2006 ), the ownership or attempted enforcement of <br /> rights held by Grantee does not subject the Grantee to any liability for any damage or <br /> injury that may be suffered by any person on the Property or as a result of the condition <br /> of the Property encumbered by a Conservation Easement . Further, nothing in this <br /> Conservation Easement shall be deemed or construed as a waiver of the sovereign <br /> immunity of Indian River County as Grantee . <br /> J . The right to have the Property maintained as reflected on the Baseline <br /> Documentation , as the Property may develop through the forces of nature hereafter, <br /> subject only to the exercise of Grantor' s Reserved Rights , and the Rights Granted to the <br /> Grantee , as described in this Easement. <br /> K. If Grantor fails to cut and remove timber damaged by natural disaster, fire , <br /> infestation or the like , then the right, but not the duty, of Grantee , in its sole discretion to <br /> cut and remove said timber. Any such cutting and removal by Grantee shall be at the <br /> expense of Grantee and all proceeds from the sale of any such timber shall inure to the <br /> benefit of Grantee . <br /> ARTICLE IV. PROHIBITED USES <br /> The Property shall be maintained to preserve the Conservation Purposes of this <br /> Easement. Without limiting the generality of the foregoing Grantor agrees that the <br /> following uses and practices , though not an exhaustive recital of inconsistent uses and <br /> practices , are expressly prohibited or restricted : <br /> A. No soil , trash , liquid or solid waste ( including sludge ) , or unsightly, offensive , <br /> or hazardous materials , wastes or substances , toxic wastes or substances , pollutants or <br /> contaminants , including , but not limited to , those as now or hereafter defined by federal <br /> or Florida law defining hazardous materials , wastes or substances , toxic wastes or <br /> substances , pollutants or contaminants shall be dumped or placed on the Property. <br /> This prohibition shall not be construed to include reasonable amounts of waste <br /> generated as a result of allowed activities . <br /> 5 <br />