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III) • features of the Property that may be damaged by any inconsistent activity or use,P ursuant to the remedies set forth in section 6. d. All mineral air and water rights necessary to protect and to sustain the biological resources of the Property. e. With the exception of the rights described in Section 3 of this Conservation Easement, all present and future development rights associated with the Property including any increase in allowable development rights resulting from any cause, including,but not limited to, future changes in policies, laws, or regulations. 5. Restrictions on Public Use. The public shall not have a right of entry upon the Property. 6. Remedies. a. Notice of Violation; Corrective Action. If the Town determines that a violation of the terms of this Agreement has occurred or is threatened,the Town shall give written notice to Owner of such violation and demand corrective action sufficient to cure the violation and,where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Agreement,to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by the Town. b. Injunctive Relief. If Owner fails to cure the violation within thirty(30) days after receipt of notice thereof from the Town, or under circumstances where the violation cannot reasonably be cured within a thirty(30)day period, fail to begin curing such violation within the thirty(30) day period, or fail to continue diligently to cure such violation until finally cured,the Town may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Agreement,to enjoin the violation, ex parte as necessary,by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to any such injury. c. Damages. The Town shall be entitled to recover damages for violation of the terms of this Agreement or injury to any Conservation Values protected by this Agreement, including,without limitation, damages for the loss of scenic, aesthetic, or environmental values where Town is the prevailing party. Without limiting Owner's liability therefore,the Town, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. d. Emergency Enforcement. If the Town,in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property,the Town may pursue its remedies under this section without prior notice to Owner or without waiting for the period provided for cure to expire. Crozier Hogle Conservation Easement 6