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MONSOON IMMENSENESS
<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
<br /> Parties; (2) the obligations specified in paragraph VIIIA. and VIII - B . ; and (3) the
<br /> existence or administration of this Easement .
<br /> ARTICLE VII. NO PUBLIC ACCESS
<br /> The granting of this Easement does not convey to the public the right to enter the
<br /> Property for any purpose whatsoever, and Grantee will cooperate with Grantor in the
<br /> enforcement of this prohibition . Notwithstanding the foregoing , provided , however,
<br /> Grantor will allow bird watching , cultural, and educational outings in the maximum number
<br /> of two (2) times each year by members of the public under conditions determined by the
<br /> Grantor.
<br /> ARTICLE VIII . MISCELLANEOUS
<br /> A. Costs and Liabilities . Grantor retains all responsibilities and shall bear all
<br /> costs and liabilities of any kind related to the ownership , operation , upkeep, and
<br /> maintenance of the Property, including the maintenance of adequate comprehensive
<br /> general liability coverage . Grantor shall keep the Property free of any liens arising out of
<br /> any work performed for, materials furnished to, or obligations incurred by Grantor.
<br /> B . Taxes. Grantor shall pay before delinquency all taxes , assessments , fees ,
<br /> and charges of whatever description levied on or assessed against the Property by
<br /> competent authority (collectively "taxes") and shall furnish Grantee with satisfactory
<br /> evidence of payment upon request. Grantee is authorized but in no event obligated to
<br /> make or advance any payment of taxes , upon three (3) days prior written notice to
<br /> Grantor, in accordance with any bill , statement, or estimate procured from the
<br /> appropriate authority, without inquiry into the validity of the taxes or the accuracy of the
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