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e. Scope of Relief. The Town's rights under this section apply equally in the <br /> event of either actual or threatened violations of the terms of this <br /> Agreement. Owner agrees that the Town's remedies at law for any <br /> violation of the terms of this Agreement are inadequate and that the Town <br /> shall be entitled to the injunctive relief described in paragraph 6.b,both <br /> prohibitive and mandatory, in addition to such other relief to which Town <br /> may be entitled, including specific performance of the terms of this <br /> Agreement,without the necessity of proving either actual damages or the <br /> inadequacy of otherwise available legal remedies. Town's remedies <br /> described in this section shall be cumulative and shall be in addition to all <br /> remedies now or hereafter existing at law or in equity. <br /> f. Costs of Enforcement. All reasonable costs incurred by the Town in <br /> enforcing the terms of this Agreement against Owner, including, without <br /> limitation, costs and expenses of suit and reasonable attorneys' fees, and <br /> any costs of restoration necessitated by Owner's violation of the terms of <br /> this Agreement shall be borne by Owner;provided,however,that if <br /> Owner ultimately prevails in a judicial enforcement action each party shall <br /> bear its own costs. <br /> g. Forbearance. Forbearance by Town to exercise its rights under this <br /> Agreement in the event of any breach of any term of this Agreement by <br /> Owner shall not be deemed or construed to be a waiver by the Town of <br /> such term or of any subsequent breach of the same or any other term of <br /> this Agreement or of any of Town's rights under this Agreement. No delay <br /> or omission by the Town in the exercise of any right or remedy upon any <br /> breach by Owner shall impair such right or remedy or be construed as a <br /> waiver. <br /> h. Waiver of Certain Defenses. Owner hereby waives any defense of laches <br /> estoppel, or prescription. <br /> i. Acts Beyond Owner's Control.Nothing contained in this Agreement shall <br /> be construed to entitle the Town to bring any action against Owner for any <br /> injury to or change in the Property resulting from causes beyond Owner's <br /> control, including,without limitation,fire, flood, storm,and earth <br /> movement, or from any prudent action taken by Owner under emergency <br /> conditions to prevent, abate, or mitigate significant injury to the Property <br /> resulting from such causes. <br /> 7. Town's Duties. Town shall undertake all reasonable efforts to enforce <br /> both the rights granted to it and the restrictions imposed upon the Property under this <br /> Conservation Easement in order to protect the Conservation Values of the Property in <br /> perpetuity. If at any time Town is unable to enforce this Conservation Easement in full <br /> or fails to do so, then its rights and responsibilities under this Conservation Easement <br /> shall become vested in and fall upon another qualified organization in accordance with a <br /> cy pres proceeding in any court of competent jurisdiction. <br /> Crozier Hogle Conservation Easement 7 <br />