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provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that
<br /> may be damaged by any inconsistent activity or use , at Grantor ' s cost: .
<br /> E . The right of ingress and egress to the Property .
<br /> F . The right to have the ad valorem taxes , assessments and any other charges on the Property paid
<br /> by
<br /> Grantor .
<br /> H . The right to be indemnified , subject to the limitations of state law , by Grantor for any and all liability
<br />,
<br /> loss , damage , expense , judgment or claim ( including a claim for attorney fees) arising out of any negligent or willful
<br /> action or activity resulting from the Grantor ' s use and ownership of or activities on the Property or the
<br /> use of or
<br /> activities of Grantor ' s agents , guests , lessees or invitees on the Property .
<br /> I . The right to be indemnified by Grantor, subject to the limitations of state law , for any
<br /> liability for
<br /> injury or property damage to persons on the Property arising out of any condition of the Property known
<br /> to the
<br /> Grantor to the best of Grantor ' s knowledge .
<br /> J . The right to have the Property maintained as reflected on the Baseline Documentation , as the Property
<br /> may develop through the forces of nature hereafter, subject only to the exercise of Grantor ' s Reserved Rights , and
<br /> the Rights Granted to the Grantee , as described in this Easement .
<br /> ARTICLE IV . PROHIBITED USES
<br /> The Property shall be maintained to preserve the Conservation Purposes of this Easement . Without
<br /> limiting the generality of the foregoing Grantor agrees that the following uses and practices ,
<br /> though not an
<br /> exhaustive recital of inconsistent uses and practices, are expressly prohibited or restricted :
<br /> A . No soil , trash , liquid or solid waste ( including sludge) ;, or unsightly , offensive , or hazardous materials ,
<br /> wastes or substances , toxic wastes or substances , pollutants or contaminants , including, but not limited to , those
<br />as
<br /> now or hereafter defined by federal or Florida law defining hazardous materials , wastes or substances , toxic wastes
<br /> or substances , pollutants or contaminants shall be dumped or placed on the Property . This prohibition shall not be
<br /> construed to include reasonable amounts of waste generated as a result of allowed activities .
<br /> B . The exploration for and extraction of oil , gas , minerals , do lostone , peat, muck, marl ,
<br /> limestone ,
<br /> limerock , kaolin , fuller ' s earth , phosphate , common clays, gravel , shell , sand and similar substances either directly
<br /> or indirectly by Grantor or on Grantor ' s behalf or with the joinder or consent of Grantor in any application
<br /> for a
<br /> permit so to do , under and by virtue of the authority of a grant or reservation or other form of
<br /> ownership of or
<br /> interest in or control over or right to such substances , except as reasonably necessary to combat erosion or flooding,
<br /> or except as necessary and lawfully allowed for the conduct of allowed activities .
<br /> C . Activities that will be detrimental to drainage , flood control , water conservation , erosion control , soil
<br /> conservation, or fish and wildlife habitat preservation unless otherwise provided in this Easement . There shall be no
<br /> dredging of new canals, construction of new dikes , manipulation of natural water courses , or disruption , alteration ,
<br /> pollution , depletion, or extraction on the Property of existing surface or subsurface water flow or natural
<br /> water
<br /> sources , fresh water lakes, ponds and pond shores , marshes , creeks or any other water bodies , nor any activities
<br /> or
<br /> uses conducted on the Property that would be detrimental to water purity or that could alter natural water level
<br /> or
<br /> flow in or over the Property . Provided, however, Grantor may continue to operate , maintain , or replace existing
<br /> ground water wells incident to allowed uses on the Property , subject to legally required permits and regulations .
<br /> D . Acts or uses detrimental to the preservation of the structural integrity or physical appearance of any
<br /> portions of the Property having historical or archaeological significance . Grantor shall notify the Florida Department
<br /> of Historical Resources or its successor ("FDHR") if historical , archaeological or cultural sites are discovered on the
<br /> Property , and any sited deemed to be of historical or archaeological significance shall be afforded
<br /> the same
<br /> protections as significant sites known to exist at the time of entering into this easement . Grantor will follow the Best
<br /> Management Practices of the Division of Historic Resources , as arnended from time to time .
<br /> BLA - 104 , Revised 01 /26/ 06
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