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BK: 2229 PG: 669
<br />immediate action to prevent or mitigate significant damage to the conservation values `of
<br />the Property. Grantee may pursue its remedies under this paragraph without prior notice
<br />to Grantor or without waiting for the period provided for cure to expire. Grantee's rights
<br />under this paragraph apply equally in the event of either actual or threatened violations
<br />of the 'terms of this Easement, and Grantor agrees that Grantee's remedies at law for
<br />any violation of the terms of this Easement are inadequate and that Grantee shall be
<br />entitled to the injunctive relief described in this paragraph, both prohibitive and
<br />mandatory, In addition to such other relief to which Grantee may be entitled, including
<br />specific performance of the terms of this Easement, without the necessity of proving
<br />either actual damages or the inadequacy of. otherwise available legal remedies.
<br />Grantee's remedies described In this paragraph shall be cumulative and shall be in
<br />addition to all remedies now or hereafter existing at law or in equity.
<br />B. Grantee's Discretion. Enforcement of the terms of this Easement shall be at
<br />the discretion of Grantee, and any forbearance by Grantee to. exercise its rights under
<br />this Easement in the event of any breach of any term of this Easement by Grantor shall
<br />not be deemed or construed to be a waiver by Grantee of such term or of any
<br />subsequent breach of the same or any other term of this Easement or of any of
<br />Grantee's rights under this 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
<br />be construed as a waiver.
<br />C. Waiver of Certain Defenses. Grantor hereby waives any defense of
<br />estoppel, adverse possession, or prescription.
<br />D. Acts Beyond Grantor's Control. Nothing contained in this Easement shall
<br />be construed to entitle Grantee to bring any action against Grantor for any injury to or
<br />change In the Property' resulting from causes beyond Grantor's , control, including,
<br />without limitation, fire, flood, storm; and earth movement, or from any prudent action
<br />taken by Grantor under emergency conditions to prevent, abate, or mitigate significant
<br />injury to the Property resulting from such causes.
<br />E. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee
<br />and its members, directors, officers, employees, agents, and contractors and the heirs,
<br />personal representatives, successors, and assigns of each of them (collectively
<br />"Indemnified Parties") from and "against all liabilities, penalties, costs, losses, damages,
<br />expenses, causes of action, claims, demands, or judgments, including, without
<br />limitation, reasonable attorney fees, arising from or in any way connected with: (1) injury
<br />to or the death of any person, or, physical damage to any property, resulting from any
<br />act, omission, condition, or other matter related to or occurring on or about the Property,
<br />regardless of cause, unless due solely to the negligence of any of the Indemnified
<br />Parties; (2) the obligations specified in paragraph VIIIA. and VIII.B.; and (3) the
<br />existence or administration of this Easement.
<br />F. Grantor's Environmental Warranty
<br />11
<br />108
<br />247
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