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200803328 4. NOTICE OF EXERCISE OF GRANTOR'S RESERVED RIGHTS. Although the Grantor need not obtain approval of the Conservancy in order to exercise any reserved right, unless otherwise stated herein, the Grantor hereby agrees to notify the Conservancy in writing before exercising any reserved right which may have an adverse impact on the conservation interests associated with the Protected Property. 5. CONSERVANCY'S RIGHTS AND REMEDIES. In order to accomplish the conservation purposes of this Easement, the Conservancy shall have the following rights and remedies: 5.1. Remedies. The Conservancy shall have the right to enforce by proceedings at law or in equity the provisions of this Easement including, but not limited to, the right to require the restoration of the Protected Property to its condition at the date of this Easement, subject to the reserved rights of the Grantor set forth herein. The conservancy, or its successors or assigns, shall not waive or forfeit the right to take action as may be necessary to ensure compliance with the terms and conditions of this Easement by any prior failure to act. Nothing herein shall be construed to entitle the Conservancy to institute any enforcement proceeding against the Grantor for any changes to the Protected Property due to causes beyond the Grantor's control, such as changes caused by fire, flood, storm, infestations, natural deterioration, the acts of third parties legally authorized to act by recorded document or other legally established rights or the unauthorized wrongful acts of third persons; provided, however, that the Grantor shall notify Conservancy of any occurrence which would adversely affect or interfere with the conservation purpose' of the Easement, whether caused by the acts or omissions of the Grantor or third parties. The Conservancy shall be entitled to seek expedited injunctive reliefto enforce its rights with respect to the Protected Property, and the Grantor waives any bond requirement otherwise applicable to any petition for such relief. The Conservancy shall have the right to report to regulatory authorities any environmental conditions, or any potential or actual violations of environmental laws, with respect to the Protected Property. All reasonable costs incurred by the Conservancy in enforcing the terms of this Easement against Grantor, including, without limitation, costs and expenses of suit and reasonable attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action, each party shall bear its own costs. 5.2. Right of Entry. The Conservancy shall have the right to enter the Protected Property, in a reasonable manner and at reasonable times, but always upon prior notice to the Grantor, for the purposes of: a. Inspecting the Protected Property to determine if the Grantor, or Grantor's heirs, successors or assigns, is complying with the provisions of this Easement; - 5 -