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I) • accordance with its fair meaning and it shall not be construed against either party on the basis that that party prepared this instrument. 20.3 Severability. If any provision of this Conservation Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Conservation Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Conservation Easement can still be carried out. 20.4 Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement,all of which are merged herein. 20.5 No Third Party Rights. This instrument is made and entered into for the sole benefit and protection of Owner and Town and their respective successors and assigns. No person or entity other than the parties hereto and their respective successors and assigns shall have any right of action under this Conservation Easement or any right to enforce the terms and provisions hereof. 20.6 No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Owner's fee title in any respect. Owner specifically reserves the right to convey fee title to the Property, subject to this Conservation Easement. 20.7 Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of,the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Property. 20.8 Termination of Rights and Obligations. Except as expressly provided otherwise, a party's rights and obligations under this Conservation Easement shall terminate upon the transfer of the party's interest in this Conservation Easement or the fee title to the Property, as the case may be, except that rights, obligations, and liability relating to acts or omissions occurring prior to transfer shall survive transfer. 20.9 Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 20.10 Counterparts. Owner may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. Crozier Hogle Conservation Easement 11