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portion of the Property so injured. If Grantor fails to cure the violation within days after receipt of notice thereof from the Conservancy, or under circumstances where the violation cannot reasonably be cured within a -day period, or to continue diligently to cure such violation until finally cured, the Conservancy may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Enforcement of the terms of this Easement shall be at the discretion of the Conservancy, and any forbearance by the Conservancy to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by the Conservancy of such term or of any of the Conservancy's rights under this Easement. No delay or omission by the Conservancy in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9 . Covenant. This Conservation Easement shall run with and burden title to the Property in perpetuity, and shall be binding upon Grantor, its heirs, personal representatives, and assigns, and inure to the benefit of the Conservancy, its successors and assigns. 10 . Taxes and Costs. Grantor agrees to pay any and all real property taxes and assessments levied by competent authority on the Property and to bear all its costs of operation, upkeep and maintenance of the Property. 11. Access. Nothing herein contained shall be construed as affording the public access to any portion of the Property. 12 . Assignment. The Conservancy may not assign this Easement without Grantor's consent. Any permitted assignment -10- {