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iiiiiiiiiiiiiiiiiiiiiillillillillillillI NO OMISSION
<br /> 8/ 10/2007
<br /> may apply any damages recovered to the cost of undertaking any corrective action on
<br /> the Property. If Grantee , in its sole discretion , determines that circumstances require
<br /> immediate action to prevent or mitigate significant damage to the conservation values of
<br /> the Property, Grantee may pursue its remedies under this paragraph without prior notice
<br /> to Grantor or without waiting for the period provided for cure to expire . Grantee's rights
<br /> under this paragraph apply equally in the event of either actual or threatened violations
<br /> of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for
<br /> any violation of the terms of this Easement are inadequate and that Grantee shall be
<br /> entitled to the injunctive relief described in this paragraph , both prohibitive and
<br /> mandatory, in addition to such other relief to which Grantee may be entitled , including
<br /> specific performance of the terms of this Easement, without the necessity of proving
<br /> either actual damages or the inadequacy of otherwise available legal remedies .
<br /> Grantee's remedies described in this paragraph shall be cumulative and shall be in
<br /> addition to all remedies now or hereafter existing at law or in equity .
<br /> B . Grantee's Discretion . Enforcement of the terms of this Easement shall be at
<br /> the discretion of Grantee , and any forbearance by Grantee to exercise its rights under
<br /> this Easement in the event of any breach of any term of this Easement by Grantor shall
<br /> not be deemed or construed to be a waiver by Grantee of such term or of any
<br /> subsequent breach of the same or any other term of this Easement or of any of
<br /> Grantee's rights under this Easement. No delay or omission by Grantee in the exercise
<br /> of any right or remedy upon any breach by Grantor shall impair such right or remedy or
<br /> be construed as a waiver.
<br /> C . Waiver of Certain Defenses . Grantor hereby waives any defense of
<br /> estoppel , adverse possession or prescription .
<br /> D . Acts Beyond Grantor' s Control . Nothing contained in this Easement shall
<br /> be construed to entitle Grantee to bring any action against Grantor for any injury to or
<br /> change in the Property resulting from causes beyond Grantor's control , including ,
<br /> without limitation , fire , flood , storm , and earth movement, or from any prudent action
<br /> taken by Grantor under emergency conditions to prevent, abate , or mitigate significant
<br /> injury to the Property resulting from such causes .
<br /> E . Hold Harmless . Grantor shall hold harmless , indemnify, and defend Grantee
<br /> and its members , directors , officers , employees , agents , and contractors and the heirs ,
<br /> personal representatives , successors , and assigns of each of them (collectively
<br /> " Indemnified Parties " ) from and against all liabilities , penalties , costs , losses , damages ,
<br /> expenses, causes of action , claims , demands , or judgments , including , without
<br /> limitation , reasonable attorney fees , arising from or in any way connected with : ( 1 ) injury
<br /> to or the death of any person , or physical damage to any property , resulting from any
<br /> act, omission , condition , or other matter related to or occurring on or about the Property ,
<br /> regardless of cause , unless due solely to the negligence of any of the Indemnified
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