AG 1999 03 15 - Laserfiche WebLink

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ARTICLE V. GRANTEE'S RIGHTS The Grantee is hereby granted the right, but not the obligation, to develop a management plan for the natural plant and animal communities found to exist on the Property together with the right to implement such management plan, at the Grantee's expense, and the right to use the Property for educational, scientific and charitable purposes consistent with the conservation purposes and reserved rights of Grantor set forth in this Conservation Easement (including but not limited to construction and maintenance offences, interpretative walkways, nature trails and supervised field trips), provided that any management plan or the design and location of any construction shall be subject to the approval of Grantor, which shall not be unreasonably withheld, and Corps approval. Grantee is granted the right, but not the obligation, to identify, preserve and protect in perpetuity the existing condition of the Property. Grantee and the Corps are also granted the right to enter the Property during normal business hours for purposes of monitoring the terms of this Conservation Easement. ARTICLE VI. ENFORCEMENT AND REMEDIES A. Upon any breach of the terms of this Conservation Easement by Grantor, its agents, successors, or assigns, which comes to the attention of the Grantee, the Grantee may notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to undertake actions that are reasonably calculated to promptly correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may exercise any, or all, or none of the following remedies: 1. Institute suits to enjoin any breach or enforce any covenant by temporary and/or permanent injunctions either prohibitive or mandatory and/or to recover any damages from injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, historic or environmental values and attorneys fees if Grantee prevails; and 2. Require that the land be restored promptly to the condition required by this Conservation Easement. B. The Grantee has the right, but not the obligation, to prevent any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's remedies shall be cumulative and shall be in addition to any other rights and remedies available to Grantee at law or equity. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, the Grantee may pursue its remedies without prior notice to Grantor, but shall exercise reasonable efforts to notify Grantor. C. No failure on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. 5 1659265.01 LIB: CH