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<br />200803328 <br /> <br />b. Obtaining evidence for the purpose of seeking judicial enforcement of this Easement; <br /> <br />c. Making scientific and educational observations and studies and taking samples in such <br />a manner as will not disturb the quiet enjoyment of the Protected Property by the Grantor; <br /> <br />d. Posting regulatory signs on selected portions of the Protected Property for purposes of <br />promoting the provisions of this Easement; <br /> <br />e. Monitoring and management as described below. <br /> <br />The Conservancy's rights do not include the right, in the absence of a judicial decree, to <br />enter the Protected Property for the purpose of becoming an operator of the Protected Property <br />within the meaning of the Comprehensive Environmental Response, Compensation and Liability <br />Act. <br /> <br />5.3 Smoke Easement. Grantors acknowledge that the Conservancy owns and <br />manages substantial land holdings in the vicinity ofthe Protected Property. Furthermore, <br />Grantors acknowledge that the Conservancy uses various stewardship tools in managing these <br />holdings. Such stewardship tools include: grazing by large ungulates (bison and cattle), the <br />harvest of timber using power equipment, and the use of fire through prescribed burns. These <br />stewardship tools may create smoke, odors, ash, or noise which may affect the Protected <br />Property. <br /> <br />The Grantors further acknowledge that one of the prime considerations of the <br />Conservancy in securing this Conservation Easement over the Protected Property is to restrict the <br />development and location of recreational homes and cottages on the Protected Property. The <br />underlying premise in these restrictions is to allow the continued use of the above-described <br />stewardship tools on the Conservancy's property. <br /> <br />Grantor, for itself, successors, assigns, lessees, and licensees, hereby acknowledges that <br />the grant of this Conservation Easement contains a grant of a smoke easement, authorizing the <br />creation and presence of smoke over and across the Protected Property in connection with <br />prescribed burning activities conducted on land owned by the Conservancy in the vicinity of the <br />Protected Property. The Grantors, its successors and assigns, shall be deemed to have expressly <br />consented to the prescribed burning and other stewardship activities on the Conservancy's nearby <br />property and to have waived any claims they may have against the Conservancy for personal <br />injury or property damage caused by the presence of smoke, ash, odor, or noise on the Protected <br />Property. This waiver shall not apply to any claims for personal injury or property damage <br />caused by the presence of fire on the Protected Property as a result of prescribed burning <br />conducted by the Conservancy. All parties shall be deemed by such acknowledgement and <br />consent to waive any and all claims arising out of smoke from the prescribed bums. <br /> <br />5.4. Limitation of Conservancy Rights. Nothing contained herein shall give rise, in <br />the absence of a judicial decree, to any right or ability of the Conservancy to become the operator <br /> <br />- 6 - <br />