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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> b . To proceed at law or in equity to enforce the provisions of this Second Revised <br /> Conservation Easement and the covenants set forth herein , to prevent the <br /> occurrence of any of the prohibited activities set forth herein , and require the <br /> restoration of areas or features of the Property that may be damaged by any <br /> activity inconsistent with this Second Revised Conservation Easement . <br /> 5 . Public Access . No right of access by the general public to any portion of the Property is <br /> conveyed by this Second Revised Conservation Easement . <br /> 6 . Grantees ' Discretion . Grantees may enforce the terms of this Second Revised <br /> Conservation Easement at their discretion, but if Grantor breaches any term of this <br /> Second Revised Conservation Easement and Grantees do not exercise their rights under <br /> this Second Revised Conservation Easement , Grantees ' forbearance shall not be <br /> construed to be a waiver by Grantees of such term , or of any subsequent breach of the <br /> same , or any other term of this Second Revised Conservation Easement, or of any of the <br /> Grantees ' rights under this Second Revised Conservation Easement . No delay or <br /> omission by Grantees in the exercise of any right or remedy upon any breach by Grantor <br /> shall impair such right or remedy or may be construed as a waiver . Grantees shall not be <br /> obligated to Grantor , or to any other person or entity , to enforce the provisions of this <br /> Second Revised Conservation Easement . <br /> 7 . Grantees ' Liability . Grantor shall be responsible for any and all liability, loss , damage , <br /> expense , judgment or claim ( including a claim for attorney fees) arising out of any <br /> negligent or willful action or activity resulting from the Grantor ' s use and ownership of <br /> or activities on the Property, the use by or activities of Grantor ' s agents , guests , lessees or <br /> invitees on the Property , or the use by or activities of third parties on the Property , and <br /> shall indemnify and hold the Grantees harmless from same . Neither Grantor nor any <br /> person or entity claiming by or through Grantor shall hold the Grantees liable for any <br /> damage or injury to person or personal property which may occur on the Property . <br /> Furthermore , the Grantor , shall indemnify and hold harmless the Grantees from all <br /> liability , any injury or damage to the person or property of third parties which may occur <br /> on the Property . <br /> 8 . Hazardous Waste . Grantor covenants and represents that no hazardous substance or toxic <br /> waste exists nor has been generated , treated , stored, used, disposed of, or deposited in or <br /> on the Property , and that there are not now any underground storage tanks located on the <br /> Property . Grantor further indemnifies the Grantees from any and all liability arising out <br /> of any subsequent placement or discovery of hazardous or toxic material on the property . <br /> [ n the event such material is discovered , Grantor shall be responsible for bringing the <br /> Property into compliance with all environmental laws related to hazardous substances <br /> and toxic wastes . <br /> 9 . Assignment of Rights . The DEPARTMENT and COUNTY agree to hold this Second <br /> Revised Conservation Easement exclusively for conservation purposes and they will not <br /> assign their rights and obligations under this Second Revised Conservation Easement <br /> except to another organization qualified to hold such interests under applicable state laws . <br /> Page 4 of 9 <br />