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Grantor, and Grantee shall not unreasonably interfere with Grantor' s use and quiet enjoyment of the Property.
<br /> D . The right to prevent any activity on or use of the Property that is inconsistent with the purpose or
<br /> 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 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 /> 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 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 liability for injury
<br /> or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to
<br /> 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, 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 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, dolostone, peat, muck, marl, limestone,
<br /> limerock, kaolin, fuller ' s earth, phosphate, common clays, gravel, shell, sand and similar substances either directly or
<br /> indirectly by Grantor or on Grantor' s behalf or with the joinder or consent of Grantor in any application for a permit
<br /> so to do, under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or
<br /> control over or right to such substances, except as reasonably necessary to combat erosion or flooding, or except as
<br /> 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 water
<br /> sources, fresh water lakes, ponds and pond shores , marshes, creeks or any other water bodies, nor any activities or
<br /> uses conducted on the Property that would be detrimental to water purity or that could alter natural water level 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
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<br /> BLA- 104 , Revised 01 /26/06
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