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group] Is rights under this Easement. No delay or omission ,by the <br /> [conservation group] in the exercise of any right or remedy upon <br /> any breach by Grantor shall impair such right or remedy or be <br /> construed as a waiver. <br /> 9. Covenant. This Conservation Easement shall run <br /> with and burden title to the Property in perpetuity, and shall be <br /> binding upon Grantor, its heirs, personal representatives, and <br /> assigns, and inure to the benefit of the [conservation group] , its <br /> successors and assigns. <br /> 10 . Taxes and Costs. Grantor agrees to pay any and all <br /> real property taxes and assessments levied by competent authority <br /> on the Property and to bear all its costs of operation, upkeep and <br /> maintenance of the Property. <br /> 11. Access. Nothing herein contained shall be <br /> construed as affording unrestricted public access to any portion <br /> of the Property. The [conservation group] in connection with the <br /> Grantor, shall develop a controlled limited access program to <br /> permit responsible interested persons (including the property's <br /> homeowners) access to natural zone areas under conditions which <br /> will not unreasonably interfere with the uses of such areas by its <br /> plant and animal inhabitants, all in accordance with the <br /> applicable provisions of the Resource Plan. <br /> 12 . Assignment. The [conservation group] may not <br /> assign this Easement without Grantor's consent. Any permitted <br /> assignment shall provide that (1) the [conservation group] <br /> require, as a condition of such transfer, that the conservation <br /> purposes of this Easement continue to be carried out; and (2) any <br /> assignment shall be made only to an organization qualified at the <br /> time of transfer as an eligible donee under Internal Revenue Code <br /> Section 170 (h) (3) or its successor, or any regulations issued <br /> 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 />