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BK: 2229 PG: 683 <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 or <br />activities on the Property or the use of or activities of Grantor's agents, guests, lessees <br />or invitees on the Property unless solely due to the negligence of Grantee or its agents, <br />in which case liability shall be prorated accordingly. Pursuant to Florida Statutes <br />section 704.06(10)(2006), the ownership or attempted enforcement of rights held by <br />Grantee does not subject the Grantee to any liability for any damage or injury that may <br />be suffered by any person on the Property or as a result of the condition of the Property <br />encumbered by a Conservation Easement. Further, nothing in this Conservation <br />Easement shall be deemed or construed as a waiver of the sovereign immunity of <br />Indian River County as Grantee. <br />1. The right to be indemnified by Grantor for any liability for injury or property <br />damage to persons on the Property arising out of any condition of the Property known to <br />the Grantor to the best of Grantor's knowledge unless solely due to the negligence of <br />Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to <br />Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of <br />rights held by Grantee does not subject the Grantee to any liability for any damage or <br />injury that may be suffered by any person on the Property or as a result of the condition <br />of the Property encumbered by a Conservation Easement. Further, nothing in this <br />Conservation Easement shall be deemed or construed as a waiver of the sovereign <br />immunity of Indian River County as Grantee. <br />J. The right to have the Property maintained as reflected on the Baseline <br />Documentation, as the Property may develop through the forces of nature hereafter, <br />subject only to the exercise of Grantor's Reserved Rights, and the Rights Granted to the <br />Grantee, as described in this Easement. <br />K. If Grantor fails to cut and remove timber damaged by natural disaster, fire, <br />infestation or the like, then Grantee has the right, but not the duty„ in its sole discretion <br />to cut and remove said timber. Any such cutting and removal by Grantee shall be at the <br />expense of Grantee and all proceeds from the sale of any such timber shall inure to the <br />benefit of Grantee. <br />ARTICLE IV. PROHIBITED USES <br />The Property shall be maintained to preserve the Conservation Purposes of this <br />Easement. Without limiting the generality of the foregoing Grantor agrees that the <br />following uses and practices, though not an exhaustive recital of inconsistent uses and <br />practices, are expressly prohibited or restricted: <br />A. No soil, trash, liquid or solid waste (including sludge), or unsightly, offensive, <br />or hazardous materials, wastes or substances, toxic wastes or substances, pollutants or <br />contaminants, including, but not Ilmlted to, those as now or hereafter defined by federal <br />or Florida law defining hazardous materials, wastes or substances, toxic wastes or <br />substances, pollutants or contaminants shall be dumped or placed on the Property. <br />61 241 <br />