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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />a. inspection, monitoring, and enforcement of the terms and conditions of <br />this Easement, including, but not limited to, the prohibitions and restrictions on <br />use set forth in Section II, supra.; and <br />b. scientific investigation and to monitor water resources on the Property, <br />including the right to install wells and monitoring equipment. <br />Grantee shall furnish Grantor with reasonable advance notice of any physical <br />access to or inspection of the Property. <br />2. As provided in Section V below, Grantee shall have the right to enforce, <br />by proceedings at law or in equity, compliance with this Easement, including, but <br />not limited to, the right to require restoration by Grantor of the Property to the <br />pre -violation condition. <br />3. Grantor acknowledges and agrees that all development rights that are now <br />or hereafter allocated to implied, reserved or inherent in the Property except as <br />may be specifically reserved to the Grantor in this Easement, are hereby <br />irrevocably transferred to the Grantee. Neither the Property nor any portion <br />thereof may be included as part of the gross area of other property not subject to <br />this Easement for the purposes of determining density lot coverage, or open space <br />requirements, under otherwise applicable laws, regulations or ordinances <br />controlling land use and building density. No development rights that have been <br />transferred by this Easement shall be transferred to any other land pursuant to a <br />transferable development rights scheme or cluster development arrangement or <br />otherwise. Nor shall any development rights or density credits be transferred onto <br />the Property from other property. <br />V. GENERAL PROVISIONS. <br />1. Grantee's Remedies. In the event that Grantee becomes aware of a <br />violation of the terms of this Easement, Grantee shall give notice to Grantor in <br />accordance with the notice provisions of this Section. Failure by Grantor to cause <br />discontinuance, abatement, or such other corrective action as is required to cure the <br />violation within thirty (30) days after receipt of such notice shall entitle Grantee to <br />bring an action at law or in equity before a court of competent jurisdiction to: (1) <br />enforce the terms of this Easement; (ii) require the restoration of the Property to <br />the condition that existed prior to such activity; (iii) recover liquidated damages in <br />lieu of restoration of harvested sod or timber and in the event Grantor harvests or <br />causes to be harvested sod or timber in violation of this Easement, Grantor <br />stipulates to liquidated damages for such violation in an amount equal to four <br />hundred percent (400%) of the then fair market value of the harvested sod or <br />timber; provided however, nothing herein shall be construed to alter or waive <br />Grantee s right to seek restoration of any portions of the Property altered in <br />violation of this Easement; (iv) enjoin such noncompliance by a temporary or <br />permanent injunction in a court of competent jurisdiction, (v) seek a mandatory <br />injunction in a court of competent jurisdiction to compel Grantor to take such <br />