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200803328 ofthe Protected Property within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act by exercising physical control over the day-to-day operations of the Grantor or becoming involved in management decisions of the Grantor regarding the generation, handling or disposal of hazardous substances. 5.5. Discretionary Consent. The Conservancy's consent for any activities requiring the Conservancy's consent under paragraph 2 or 3 above may be given under the following conditions and circumstances. Requests for permission for activities requiring the Conservancy's consent under paragraph 2 or 3 shall be in writing and shall describe the proposed activity in sufficient detail to allow the Conservancy to judge the consistency of the proposed activity with the purpose of this Easement. The Conservancy may give its permission only if it determines, in its sole discretion, that such activities (a) do not violate the purpose of this Easement; (b) either enhance or do not impair any significant Conservation Values of the Protected Property; and (c) do not adversely affect the qualification of this Easement or the status of the Conservancy under applicable laws, including ~~ 170(h) or 501(c)(3) of the Internal Revenue Code, successor provisions thereof, and regulations issued pursuant thereto. Notwithstanding the foregoing, the Grantor and the Conservancy have no right or power to agree to any activities that would result in the termination of this Easement or to allow residential, commercial or industrial activities not provided for herein. Other than circumstances described in paragraphs 2 or 3 herein, it is the Conservancy's presumption that this Conservation Easement will not be amended or modified. In the event of truly unforeseen circumstances or exceptional situations, the Conservancy may in its sole discretion agree to amend or modify this Easement, but in no event shall such amendment be made without compliance with both the Conservancy's internal procedures and standards for such modification and any state laws regarding the amendment of conservation easements. Any amendment must also meet the requirements described in (a) through (c) above. 6. GENERAL PROVISIONS. 6.1. Perpetual Burden. This Easement shall run with and burden the Protected Property in perpetuity and shall bind the Grantor, Grantor's heirs, successors and assigns. 6.2. Easement Documentation. The Grantor and the Conservancy agree that the natural characteristics, the ecological and aesthetic features, the physical condition and the Conservation Values of the Protected Property at the time of this grant are documented in an Easement Documentation Report, prepared by the Conservancy and signed and acknowledged by the Grantor and a representative of the Conservancy, establishing the condition of the Protected Property at the time of this grant and including reports, maps, photographs and other documentation. 6.3. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Protected Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. - 7 -