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Page 15 of 24 Pages 201403613 specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; and (b) the right to enter the Property to undertake any corrective action the Conservancy may elect to complete. The Conservancy's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 7.6 Costs of Enforcement. In any action, suit or other proceeding undertaken to enforce any right or obligation under this Conservation Easement, or to interpret any of the provisions of this Conservation Easement, if the court determines that Grantee has failed to comply with this Conservation Easement, Grantee shall reimburse the Conservancy for any reasonable costs of enforcement, including the Conservancy's staff time, costs of restoration, court costs and reasonable attorneys' fees, in addition to any other payments ordered by such court. However, if the Conservancy initiates litigation and the court determines that Grantee has complied with all the terms of this Conservation Easement and that the Conservancy initiated litigation in bad faith, then the Conservancy shall reimburse Grantee for any reasonable costs of defending such action, including court costs and reasonable attorneys' fees. 7.7 Forbearance. Forbearance by the Conservancy to exercise its rights under this Conservation Easement in the event of any violation of any term of this Conservation Easement by Grantee shall not be deemed or construed to be a waiver by the Conservancy of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the Conservancy's rights under this Conservation Easement. No delay or omission by the Conservancy in the exercise of any right or remedy upon any breach by Grantee shall impair such right or remedy or be construed as a waiver. 7.8 Waiver of Certain Defenses. Grantee hereby waives any defense of laches, estoppel or prescription with respect to any failure to act or any delay by the Conservancy in enforcing any restriction or exercising any rights under this Conservation Easement. 7.9 Acts Beyond Grantee's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Conservancy to bring any action against Grantee for any injury to or change in the Property resulting from causes beyond Grantee's control, including, without limitation, fire, flood, storm, infestations, natural deterioration, earth movement, acts of third parties legally authorized to act by recorded instrument or other legally established rights, the wrongful acts of third parties other than Grantee's agents, employees, invitees or contractors (provided the Grantee has taken reasonable steps to prevent such third parties from trespassing and from causing harm to the Property and has not consented to or participated in the acts of such third parties), or from any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantee shall notify the Conservancy of any occurrence that would adversely affect or interfere with the Conservation Purpose, whether caused by the Grantee's acts or omissions or by a third party or parties. In the event of violations of this Conservation Easement caused by