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G . 3 . The Grantor further acknowledges that the Elson R. Smith , Jr. family and <br /> the R. William Becker Family are in control of the Grantor hereunder and that there is a <br /> right of first refusal agreement entered into between the two family units . This right of <br /> notice shall not be triggered by any transfer from any member of the R . William <br /> Becker family or the Elson R. Smith , Jr. family to a member of the other family pursuant <br /> to such agreement . Any such transferee shall take title to the fee encumbered by this <br /> Conservation Easement. <br /> GA . In the event Grantee acquires fee interest in . the Property, this <br /> Conservation Easement shall not merge into the fee simple estate , and Indian River <br /> County as Grantee covenants to take all necessary steps to assure that the estates do <br /> not merge . <br /> H . The right to be indemnified by Grantor for any and all liability, loss, damage , <br /> expense, judgment or claim (including a claim for attorney fees) arising out of any <br /> negligent or willful action or activity resulting from the Grantor's use and ownership of or <br /> activities on the Property or the use of or activities of Grantor's agents, guests, lessees <br /> or invitees on the Property unless solely due to the negligence of Grantee or its agents, <br /> in which case liability shall be prorated accordingly. Pursuant to Florida Statutes <br /> section 704 .06( 10)(2006), the ownership or attempted enforcement of rights held by <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 /> I . 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 /> 5 <br />