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<br /> 8. Owner's Costs and Responsibilities. Owner retain all responsibilities and
<br /> shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep
<br /> and maintenance of the Property, the monitoring of hazardous conditions thereon, or the
<br /> protection of Owner, the public or any third parties from risks relating to conditions on
<br /> the Property. Owner remains solely responsible for obtaining any applicable
<br /> governmental permits and approvals for any activity or use permitted by this
<br /> Conservation Easement, and any activity or use shall be undertaken in accordance with
<br /> all applicable federal, state, local and administrative agency statutes, ordinances, rules,
<br /> regulations orders and requirements.
<br /> 8.1 . Taxes; No Liens. Owner shall pay or cause to be paid before
<br /> delinquency all taxes, assessments, fees, and charges of whatever description levied on or
<br /> assessed against the Property by competent authority(collectively"taxes"), including any
<br /> such taxes imposed upon, or incurred as a result of, this Conservation Easement, and
<br /> shall furnish Town with satisfactory evidence of payment upon request. Owner shall
<br /> keep the Property free of any liens arising out of any work performed for, materials
<br /> furnished to, or obligations incurred by Owner.
<br /> 8.2 Indemnification. Owner, her successors and assigns, shall be
<br /> responsible for, indemnify and save harmless the Town, its officers, agents, and
<br /> employees from any and all liabilities, claims, demands, damages, or costs resulting
<br /> from, growing out of, or in any way connected with or incident to Property, except for
<br /> active negligence of the Town, its officers, agents, or employees. The duty of Owner to
<br /> indemnify and save harmless includes the duty to defend as set forth in Cal. Civil Code
<br /> Section 2778. Owner waives any and all rights to any type of express or implied
<br /> indemnity or right of contribution from the Town, its officers,agents, or employees,from
<br /> any liability resulting from, growing out of, or in any way connected with or incident to
<br /> this Conservation Easement,except for active negligence of Town.
<br /> 9. Term of Agreement. This Conservation Easement and Agreement shall be
<br /> effective on the date of recordation of this Agreement and shall remain in effect in
<br /> perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094,
<br /> or any successor legislation.
<br /> 10. Assignment by Town. This Conservation Easement is transferable by
<br /> Town provided that Town assigns its rights and obligations under this Conservation
<br /> Easement only to an entity or organization authorized to acquire and hold conservation
<br /> easements pursuant to Cal. Civil Code Section 815.3. Town shall require the assignee
<br /> to record the assignment in the County of Santa Clara.
<br /> 11. Subsequent Transfer by Owner. This Conservation Easement and all of
<br /> the covenants, indemnifications, releases, easements and restrictions set forth in this
<br /> Conservation Easement shall run with the land and be binding upon Owner and Owner's
<br /> heirs, successors and assigns. Owner agrees to explicitly incorporate the terms of this
<br /> Conservation Easement in any deed or other legal instrument by which Owner divests
<br /> herself of any interest in all or any portion of the Property, including, without limitation,
<br /> Crozier Hogle Conservation Easement 8
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