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2006-110
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Last modified
7/26/2016 4:29:41 PM
Creation date
9/30/2015 9:37:42 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
04/04/2006
Control Number
2006-110
Agenda Item Number
7.Y.
Entity Name
Walt Disney World Hospitality & Recreation Corp
Subject
Revised conservation easement for Parcel B
Supplemental fields
SmeadsoftID
5574
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a. To enter upon and inspect the Property in a reasonable manner and at reasonable times <br />to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions <br />contained in this conservation Easement. <br />b. To proceed at law or in equity to enforce the provisions of this Conservation Easement <br />and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, <br />and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent <br />with this Conservation Easement. <br />6. Grantee's Discretion. Grantee may enforce the terms of this Conservation Easement at its <br />discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its <br />rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee <br />of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of <br />any of the Grantee's rights under this Conservation 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 may be construed as <br />a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions <br />of this Conservation Easement. <br />7. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or <br />property of third parties which may occur on the Property arising from Grantor's ownership of the Property. <br />Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any <br />damage or injury to person or personal property which may occur on the Property. <br />8.. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be <br />construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property <br />resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth <br />movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or <br />mitigate significant injury to the Property or to persons resulting from such causes. <br />13 <br />
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