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5. Grantee's Discretion. Grantee may enforce the terms of this Conservation <br />Easement at its discretion, but if Grantor breaches any term of this Conservation <br />Easement and Grantee does not exercise its rights under this Conservation Easement, <br />Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, <br />or of any subsequent breach of the same, or any other term of this Conservation <br />Easement, or of any of the Grantee's rights under this Conservation Easement. No <br />delay or omission by Grantee in the exercise of any right or remedy upon any breach by <br />Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall <br />not be obligated to Grantor, or to any other person or entity, to enforce the provisions of <br />this Conservation Easement. <br />6. Grantee's Liability. Grantor will indemnify Grantee for any injury or damage <br />to the person or property of third parties which may occur on the Property arising from <br />Grantor's ownership of the Property. Neither Grantor, nor any person or entity claiming <br />by or through Grantor, shall hold Grantee liable for any damage or injury to person or <br />personal property which may occur on the Property. <br />7. Acts Beyond Grantor's Control. Nothing contained in this Conservation <br />Easement shall be construed to entitle Grantee to bring any action against Grantor for <br />any injury to or change in the Property resulting from natural causes beyond Grantor's <br />control, including, without limitation, fire, flood, storm and earth movement, or from any <br />necessary action taken by Grantor under emergency conditions to prevent, abate or <br />mitigate significant injury to the Property or to persons resulting from such causes. <br />8. Recordation. Grantor shall record this Conservation Easement in timely <br />fashion in the Official Records of Indian River County County, Florida, and shall <br />4 <br />129 <br />