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(2) otherwise preserve or protect its interest in the Property; and (3) seek damages from any appropriate person or entity. D. Acts Beyond Grantor's Control. Nothing contained in this Stormwater Easement shall be construed to entitle Grantee to bring any action against Grantor, their successors or their assigns for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Easement Area resulting from such causes. ARTICLE VI. THIRD PARTY RIGHT OF ENFORCEMENT IN STATE In the event that the Grantee fails to enforce any of the terms of this Stormwater Easement, pursuant to the terms of the Grant Agreement no. GA11107 between the Grantee and the State acting by and through the Fund, the State shall have the independent right to enforce the terms of this Stormwater Easement through any and all authorities available under state law. Any forbearance by the State to exercise this third party right of enforcement shall not be deemed or construed to be a waiver by the State of such right in general or with respect to a specific violation of any of the terms of this Stormwater Easement. The State and its agents and employees shall have such right of entry and access as may be necessary to carry out its third party rights of enforcement set herein. ARTICLE VII. GRANTOR'S WARRANTY OF TITLE The Grantor covenants, represents and warrants that (i) the Grantor is the sole owner and is seized of the Easement Area in fee simple and has good right to grant and convey the aforesaid Stormwater Easement; (ii) there is legal access to the Property and the Easement Area; (iii) the Easement Area is free and clear of any and all encumbrances, except those exceptions of record, none of which would nullify, impair or limit in any way the terms or effect of this Stormwater Easement; (iv) Grantor shall defend its title against the claims of all persons whomsoever, and (v) Grantor covenants that the Grantee, its successors and assigns, shall have the right to engage in the affirmative acts conveyed by this Stormwater Easement, and to monitor and defend the terms of the aforesaid Stormwater Easement. ARTICLE VIII. MISCELLANEOUS A. Stewardship of the Stormwater Easement. Pursuant to the terms of the Grant Agreement, the Grantee hereby covenants and agrees that it will monitor and observe the Easement Area in perpetuity to assure compliance with the purposes and provisions of this Stormwater Easement and the provisions of the Grant Agreement. B. Subsequent Transfer of Fee. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be CWMTF Stormwater Easement Template, rev 0 6 3/9/2010 Attachment number 1 F -8 Page 77