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4. Rights of Grantee. To accomplish the purposes stated herein, Grantor conveys the <br /> following rights to Grantee: <br /> (a) To enter upon and inspect the Property in a reasonable manner and at <br /> reasonable times to determine if Grantor or its successors and assigns are complying with <br /> the covenants and prohibitions contained in this Conservation Easement. <br /> (b) To proceed at law or in equity to enforce the provisions of this Conservation <br /> Easement and the covenants set forth herein, to prevent the occurrence of any of the <br /> prohibited activities set forth herein, and require the restoration of areas or features of the <br /> Property that may be damaged by any activity inconsistent with this Conservation <br /> Easement. <br /> 5 . Grantee's Discretion. Grantee may enforce the terms of this Conservation Easement at <br /> its discretion, but if Grantor breaches any term of this Conservation Easement and <br /> 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 /> 6. Grantee's Liability. Neither Grantor, nor any person or entity claiming by or through <br /> Grantor, shall hold Grantee liable for any damage or injury to person or personal property <br /> which may occur on the Property. <br /> 7. Acts Beyond Grantor's Control. Nothing contained in this Conservation 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 natural causes beyond Grantor's control, including, <br /> without limitation, fire, flood, storm and earth movement, or from any necessary action <br /> taken by Grantor under emergency conditions to prevent, abate or mitigate significant <br /> injury to the Property or to persons resulting from such causes. <br /> 3 <br />