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Protected Property to determine whether the Grantor, its successors or assigns are complying with the terms, conditions and restrictions of this Agricultural Land Easement. 4.7. Enforcement. The Grantee shall have the primary responsibility for management and enforcement of the terms of this Agricultural Land Easement. Due to the State's interest in this Agricultural Land Easement, the Grantee shall have the primary responsibility for management, monitoring, and enforcement of the terms of this Agricultural Land Easement, subject to the rights of the NCDA&CS. Grantee shall cora tete and file the annual monitoring reports as stipulated in the ADFP Grant, a copy of whic)ept on file with the NCADFP Trust Fund. The terms of such contract are hereby incorptyate y reference as if fully set forth herein. �71 Gantee shall have the right to prevent violations and remedy violations of t e tf this Agricultural Land Easement through judicial action, which shall includ wit ti[atien, the right to bring proceedings in law or in equity against any party or l3iialleg attempting to violate the terms of this Agricultural Land Easement. Except when ongoing or imminent violation could irreversibly diminish or impair the Conservatio,p Value"f the Protected Property, the Grantee shall give the Grantor and NCDA&CS36 httdn notice of the violation and Grantor shall have thirty (30) days to cure the violation, before commencing any legal proceedings. If a court withjurisdiction determines that ��I,lqCation may exist or has occured, the Grantee may obtain an injunction to stop the violatft I.Q11porarily or permanently. Grantor, Grantee and NCDA&CS agree that a co rssue an injunction or order requiring the Grantor to restore the Protected Property to its, Bion prior to the violation, as restoration of the Protected Property may be the only appropriate remedy. The failure of the Grantee to discover a violation or to take ip ernshate legal action shall not bar it from doing so at a later time. In any case where a coulISD& no such violation has occurred, Grantor, Grantee and NCDA&CS shall be tsw osts. 4.8. Rights of the State of North oliva. Subject to the Unitedates' >t of enforcement in Paragraph 4.9 below, in the event that the Grantee fails to enforce f the terms of this Agricultural Land Easement, as determined in the discretion of th'Z &CS, the said Commissioner of Agriculture and his or her successors and asci Y s ll have the right to enforce the terms of this Agricultural Land Easement t}ai +lr any and all authorities available under federal or state law. 4.9. Unit es RRil ht of Enforcement. Pursuant to 16 U.S.C. § 3865 et sen., the United States is 914 -di IcTigin of enforcement that it may exercise only if the terms of the ALE are not cnf,oTWIby the Grantee. The Secretary of the United States Department of Agriculture A") or his or het assigns, on behalf of the United States, may exercise this right of d�tomernent under any authority available under state or federal law if Grantee, or its successors or assigns, fails to enforce any of the terns of this ALE, as determined in the sole discretion of such Secretary. In the event the United States exercises this right of enforcement to recover any and all administrative and legal costs associated with any enforcement or remedial action related to the enforcement of this Easement from the Grantor, including, but not limited to, attorney's fees and expenses related to Grantor's violations. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement of this Easement from the Grantee, including, but not limited F-7 Page 154