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BK: 2229 PG: 690
<br />F.I. Nothing in this Conservation Easement shall be construed as giving rise to
<br />any right or ability in Grantee to exercise physical or management control over the day-
<br />to-day operations of the Property, or any of Grantors activities on the Property, or
<br />otherwise to become an operator with respect to the Property within the meaning of The
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
<br />amended ("CERCLA") or any corresponding state and local statute or ordinance.
<br />F.2. Grantor warrants, at the time this Conservation Easement is executed, that it
<br />has no actual knowledge of a release or threatened release of any material, substance
<br />or waste now or hereafter defined, listed, or otherwise classified pursuant to any federal,
<br />state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise
<br />contaminating to the air, water, or soil, or. in any way harmful or threatening to human
<br />health or the environment, (ail of the foregoing, collectively, "Hazardous Materials") on
<br />the Property, other than those Hazardous Materials now or hereafter lawfully used by
<br />Grantor in connection with Grantor's current and future operation and use of the
<br />Property as such use and operation are permitted hereunder. Grantor hereby
<br />covenants to indemnify and hold Grantee harmless from any and all losses, costs,
<br />claims (without regard to its merit), liabilities or expenses (including reasonable
<br />attorneys' fees) (all of the foregoing, collectively, "Damages") arising from or with
<br />respect to any release of Hazardous Materials or violation of environmental laws.
<br />F.3. Except as permitted to be used or released by Grantor pursuant to
<br />Subsection F.2. above, at any time after the effective date, of this Conservation
<br />Easement there occurs a release in, on, or about the Property of any Hazardous
<br />Materials , Grantor agrees to take all steps that may be required under federal, state, tr
<br />local law necessary to assure its containment and remediation, including any bleanup-
<br />ARTICLE VII. NO PUBLIC ACCESS
<br />The granting of this Easement does not convey to the public the right .to enter the
<br />Property for any purpose whalsoever, and Grantee will cooperate with Grantor in the
<br />enforcement of this prohibition. Notwithstanding the foregoing, Grantor will allow bird
<br />watching, cultural, and educational outings sponsored by non=profit organizations and
<br />schools that are able to provide appropriate supervision, and liability insurance In
<br />amounts and coverage sufficient to protect Grantor's interests= in Grantor's discretion
<br />(which liability insurance will either insure Grantor directly or will name Grantor as an
<br />additional insured) in the maximum number of four (4) outings each year by members
<br />of the public (herein "Limited Access") under such conditions, and at such times, that
<br />are solely as determined by the Grantor. Grantor, and Grantee specifically
<br />acknowledge and agree that: (1) multiple temporally -related Limited Access outings
<br />occurring within a four (4) consecutive day period shall be aggregated within a specific
<br />Limited Access category such that, for example, if all the P graders in Indian River
<br />County schools visit the Property in multiple outings over four (4) consecutive days, all
<br />such outings shall be considered as one (1) outing of the four (4) outings allowed per
<br />year hereunder; and (ii) the Grantee's Conservation Lands Manager must receive
<br />written prior or contemporaneous notice from Grantor of any and all planned or
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