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shall provide that (1) the Conservancy require, as a condition of <br /> such transfer, that the conservation purposes of this Easement <br /> continue to be carried out; and (2) any assignment shall be made <br /> only to an organization qualified at the time of transfer as an <br /> eligible donee under Internal Revenue Code Section 170 (h) (3) or <br /> its successor, or any regulations issued thereunder. <br /> 13 . Change in Conditions. The parties intend that the <br /> conservation purposes of this Easement shall be carried out in <br /> perpetuity. In the event, however, that a later unexpected change <br /> in the conditions of or surrounding the Property makes impossible <br /> or impractical any continued use of the Property for the <br /> conservation purposes described herein, and the restrictions are <br /> extinguished by judicial proceeding, then this Conservation <br /> Easement will expire and be of no further force or effect. <br /> 14 . Subsequent Transfers. Grantor agrees to <br /> incorporate the terms of this Easement in any deed or other legal <br /> instrument by which it divests itself of any interest in all or a <br /> portion of the Property, including without limitation, a leasehold <br /> interest. Grantor further agrees to give written notice to the <br /> Conservancy of the transfer of any interest at least thirty (30) <br /> days prior to the date of such transfer. The failure of Grantor <br /> to perform any act required by this paragraph shall not impair the <br /> validity of this Easement or limit its enforceability in any way. <br /> 15. Definition. The terms "Grantor" and "Conservancy" <br /> as used herein shall be deemed to include, respectively, the <br /> Grantor and its successors and assigns, and the Conservancy, its <br /> successors and assigns. <br /> 16. Interpretation. The provisions of this Easement <br /> shall be liberally construed to effectuate their purpose of <br /> preserving and protecting the mixed riparian forest habitat and <br /> other values described above. If any provision of this Easement <br /> is found to be invalid the remainder of the provisions shall <br /> remain valid. In the event of any conflict between the provisions <br /> -11- <br />