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11111 <br /> a leasehold interest. Owner further agrees to notify Town in writing of any sale, transfer, <br /> lease or other disposition of the Property or any part thereof,whether by operation of law <br /> or otherwise, at least 30 days after such disposition. Such notice shall include a copy of <br /> the deed, lease or other declaration of transfer, the date of transfer, and the names and <br /> addresses for notices of the transferee. The failure of Owner to perform any act provided <br /> in this section shall not impair the validity of this Conservation Easement or limit its <br /> enforceabilityin any way. <br /> 12. Subordination. All mortgages, deeds of trust and other liens or <br /> encumbrances upon all or any part of the Property which either come into existence or <br /> are recorded in the place for the recording of such liens or encumbrances after the date of <br /> this Conservation Easement will be subject to and subordinate to this Conservation <br /> Easement. <br /> 13. Unconditional Donation. Town makes no warranty, representation or <br /> other assurance regarding the availability, amount or effect of any deduction, credit or <br /> other benefit to Owner under United States or any state, local or other tax law to be <br /> derived from the donation of this Conservation Easement. This donation is not <br /> conditioned upon the availability or amount of any such deduction, credit or other <br /> benefit. <br /> 14. Fair Market Value. This Conservation Easement gives rise to a real <br /> property right and interest immediately vested in Town. For purposes of this <br /> Conservation Easement, the fair market value of Town's right and interest shall be equal <br /> to the difference between (a) the fair market value of the Property as if not burdened by <br /> this Conservation Easement and(b)the fair market value of the Property burdened by this <br /> Conservation Easement. <br /> 15. Amendment. If circumstances arise under which an amendment to or <br /> modification of this Conservation Easement would be appropriate,Owner and Town may <br /> jointly amend this Conservation Easement; provided that no amendment shall be allowed <br /> that will affect the qualification of this Conservation Easement or the status of Town <br /> under any applicable laws, including Sections 815 et. seq. of the Cal. Civil Code, or <br /> Section 170(h) of the Internal Revenue Code, as amended, and any amendment shall be <br /> consistent with thepurposes of this Conservation Easement. Anysuch amendment shall <br /> be in writing, shall refer to this Conservation Easement by reference to its recordation <br /> data,and shall be recorded in the Official Records of Santa Clara County, California. <br /> 16. Termination Ifit <br /> c cumstances arise in the future which render the <br /> purposes of this Conservation Easement impossible to accomplish, this Conservation <br /> Easement can only be terminated or extinguished, whether in whole or in part, by judicial <br /> proceedings in a court of competent jurisdiction. After satisfaction of prior claims from <br /> any sale, exchange, involuntary conversion, or condemnation to a governmental body <br /> under the threat of condemnation of all or any portion of the Property, Town shall be <br /> entitled to the reasonable sum attributable to the taking of Town's interest in this <br /> Conservation Easement and the Owner shall be entitled to the remainder of such <br /> Crozier Hogle Conservation Easement 9 <br />