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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />complying with the covenants and prohibitions contained in this conservation <br />easement. <br />(b) To proceed at law or in equity to enforce the provisions of this <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 conservation easement. <br />7. 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 easement <br />and Grantee does not exercise its rights under this conservation easement, Grantee's <br />forbearance shall not be 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 conservation easement, or of <br />any of the Grantee's rights under this conservation easement. No delay or omission by <br />Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair <br />such right or remedy or be construed as a waiver. Grantee shall not be obligated to <br />Grantor, or to any other person or entity, to enforce the provisions of this conservation <br />easement. <br />8. Grantee's Liability. Grantor will assume all liability 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 />4 <br />