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(h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or <br /> properties of historical , architectural , archaeological , or cultural significance . <br /> 3 . Reserved Rights . Grantor reserves unto itself, and its successors and assigns , all rights accruing from its <br /> ownership of the Property , including the right to engage in or permit or invite others to engage in all uses of <br /> the Property , that are not expressly prohibited herein and are not inconsistent with the purpose of this <br /> Conservation Easement. <br /> 4 . Rights of Grantee . To accomplish the purposes stated herein , Grantor conveys the following rights to <br /> Grantee : <br /> ( a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if <br /> Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this <br /> Conservation Easement . <br /> ( b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the <br /> covenants set forth herein , to prevent the occurrence of any of the prohibited activities set forth herein , and <br /> require the restoration of areas or features of the Property that may be damaged by any activity inconsistent <br /> with this Conservation Easement . <br /> 5 . Grantee' s Discretion . Grantee may enforce the terms of this Conservation Easement at its discretion , but <br /> if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under <br /> this Conservation Easement , Grantee ' s forbearance shall not be construed to be a waiver by Grantee of such <br /> term , or of any subsequent breach of the same , or any other term of this Conservation Easement, or of any <br /> of the Grantee ' s rights under this Conservation Easement. No delay or omission by Grantee in the exercise <br /> of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a <br /> waiver . Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions <br /> of this Conservation Easement. <br /> 6 . Grantee' s Liability . Grantor will assume all liability for any injury or damage to the person or property of <br /> third parties which may occur on the Property arising from Grantor' s ownership of the Property . Neither <br /> Grantor , nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage <br /> or injury to person or personal property which may occur on the Property . <br /> 7 . Acts Beyond Grantor's Control . Nothing contained in this Conservation Easement shall be construed to <br /> entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting <br /> from natural causes beyond Grantor's control , including, without limitation , fire , flood , storm and earth <br /> movement, or from any 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 fashion in the Official Records <br /> of Indian River County , Florida , and shall rerecord it at any time Grantee may require to preserve its rights . <br /> Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public <br /> records . Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this <br /> Conservation Easement in the public records . <br /> 9 . Successors . The covenants , terms , conditions and restrictions of this Conservation Easement shall be <br /> binding upon , and inure to the benefit of the parties hereto and their respective personal representatives , <br /> heirs , successors and assigns and shall continue as a servitude running in perpetuity with the Property . <br />