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201403613
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Last modified
8/19/2014 2:26:13 PM
Creation date
6/16/2014 3:59:25 PM
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DEEDS
Inst Number
201403613
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6.3 Boundary Marking. The right to paint and /or blaze boundary lines and /or post <br />boundary markers along the Property boundaries. <br />7. VIOLATION AND REMEDIES. <br />201403613 <br />7.1 Notice of Violation; Corrective Action. If the Conservancy determines that a <br />violation of the terms of this Conservation Easement has occurred or is threatened, the <br />Conservancy shall give written notice to Grantee of such violation and demand corrective <br />action sufficient to (a) cure the violation, and (b) where the violation involves injury to <br />the Property resulting from any use or activity inconsistent with the Conservation <br />Purpose, restore the portion of the Property so injured to its condition before the violation <br />occurred, or to a condition otherwise acceptable to the Conservancy, in accordance with a <br />plan approved by the Conservancy. <br />7.2 Injunctive Relief. If Grantee fails to cure the violation or threatened violation of <br />this Conservation Easement or fails to cause such other corrective action to be taken as <br />requested by the Conservancy within forty -five (45) days after receipt of notice thereof <br />from the Conservancy, or under circumstances where the violation cannot reasonably be <br />cured within the forty -five (45) day period, fails to make good faith efforts to initiate and <br />pursue the requested corrective action within the forty -five (45) day period, the <br />Conservancy may bring an action at law or in equity in a court of competent jurisdiction <br />to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as <br />necessary, by temporary or permanent injunction, and to require the restoration of the <br />Property to the condition that existed prior to any such injury or to a condition otherwise <br />acceptable to the Conservancy (regardless of whether the costs of restoration exceed the <br />value of the Property). <br />7.3 Damages. The Conservancy shall be entitled to recover damages for violation of <br />the terms of this Conservation Easement or injury to any Conservation Values protected <br />by this Conservation Easement, including, without limitation, damages for the loss of <br />environmental, ecologic, scenic or aesthetic values. <br />7.4 Emergency Enforcement. If the Conservancy, in its sole discretion, determines <br />that circumstances require immediate action to prevent, terminate or mitigate significant <br />damage to the Conservation Values of the Property, or to prevent, terminate or mitigate a <br />violation of this Conservation Easement, the Conservancy may pursue its remedies under <br />this section without prior notice to Grantee and /or without waiting for the period <br />provided for cure to expire. <br />7.5 Scope of Relief. The Conservancy's rights under this section apply equally in the <br />event of either actual or threatened violations of the terms of this Conservation Easement. <br />Grantee agrees that the Conservancy's remedies at law for any violation of the terms of <br />this Conservation Easement are inadequate and that the Conservancy shall be entitled to <br />the injunctive relief described above, both prohibitive and mandatory, in addition to such <br />other relief to which the Conservancy may be entitled, including without limitation: (a) <br />Page 14 of 24 Pages <br />
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