8.1. SR 11-05-2012 - Laserfiche WebLink

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a. Notice. The Land Trust may not initiate judicial action until the Owner has been given notice of the violation, or threatened violation, of this Easement and a reasonable opportunity to correct the situation. This provision shall not apply if in the Land Trust's sole discretion and exclusive judgment immediate judicial action is necessary to prevent or mitigate significant impairment to or interference with the Conservation Values of the Protected Property or if reasonable, good faith efforts to notify the Owner are unsuccessful. b. Remedies. In enforcing this Easement, the Land Trust has the right to: • Temporary or permanent injunctive relief for any violation or threatened violation of this Easement. • Require restoration of the Protected Property to its condition at the time of this conveyance or as otherwise necessitated by a violation of this Easement. • Specific performance or declaratory relief. • Recover damages resulting from a violation of this Easement or injury to any Conservation Values associated with the Protected Property. These remedies are cumulative and are available without requiring the Land Trust to prove actual damage to the Conservation Values of the Protected Property. The Land Trust and the Owner agree that the damages created by a violation of this Easement may be determined by calculating the cost of acquiring a conservation easement over similar property. The Land Trust and the Owner also recognize that restoration, regardless of cost, may be the only adequate remedy for certain violations of this Easement. The Land Trust is entitled to seek expedited relief, ex parte if necessary, and shall not be required to post any bond applicable to a petition for such relief. c. Costs of Enforcement. The Owner shall be responsible for all reasonable costs incurred by the Land Trust in enforcing this Easement, including without limitation costs of suit, attorneys' fees, and expenses related to restoration of the Protected Property. If, however, the Owner ultimately prevails in a judicial enforcement action, the court may require the Land Trust to reimburse the Owner for the Owner's reasonable costs and attorneys fees in defending the action. d. Enforcement Decisions. Enforcement of the terms of this Easement is solely at the discretion of the Land Trust. The Land Trust does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Easement by any delay or prior failure of the Land Trust in discovering a violation or initiating enforcement proceedings. The Land Trust shall not be barred by any applicable statute of limitations in bringing any action to enforce the terms of this Easement. 13