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FINAL DRAFT 1/16/2020 <br />for impacts caused by Grantor on the Protected Property ("Compensatory Mitigation") <br />is prohibited on the Protected Property. Compensatory Mitigation includes, but is not <br />limited to, mitigation banking, conservation banking, and any other sale or exchange <br />of mitigation credits based on the creation, restoration, enhancement and/or <br />preservation of such natural resources within the Protected Property. <br />6.12. Compliance with Regulatory Requirements. Grantor shall conduct all reserved and <br />permitted uses and activities under this Easement to meet all requirements of federal, <br />state and local statutes, rules, and regulations as they may be amended from time to <br />time. <br />6.13. Limitation on Transfers. <br />6.13.1. For purposes of this Section, "Transfer" includes but is not limited to any sale, <br />grant, lease, hypothecation, encumbrance, assignment, conveyance, or any <br />transaction the purpose of which is to effect a sale, grant, lease, hypothecation, <br />encumbrance, assignment, or conveyance. <br />6.13.2. Except as provided in Sections 6.13.3 and 6.13.4, Grantor shall not undertake or <br />permit any Transfer of any rights in the Protected Property without prior notice <br />to Grantee and Co -Grantee and consent of Grantee as provided for in Section 7; <br />provided, however, that such consent shall not be withheld unless Grantee <br />determines that the proposed Transfer would be inconsistent with the Purpose <br />and terms of this Easement. <br />6.13.3. The following shall require notice to but shall not require consent of Grantee <br />and Co -Grantee: i) any gift, bargain, sale or devise of fee simple title to the <br />Protected Property; ii) any mortgage, deed of trust, or similar document <br />providing security for an indebtedness of Grantor, provided that such security <br />interest shall be subject and subordinate to this Easement; iii) leases for <br />telecommunications installations or wind energy installations within the <br />Building Envelopes, as provided for in Section 6.6.2.2; and iv) temporary <br />transfers or leases of the Dedicated Water Rights. <br />6.13.4. The following shall require no notice to or consent of Grantee or Co -Grantee: a <br />leasehold interest for agricultural purposes, provided, however, that the lease <br />shall expressly describe this Easement. <br />7. NOTICE AND CONSENT <br />7.1 Notice. <br />7.1.1 Grantee. Certain provisions of this Easement require Grantee to give notice to <br />Grantor prior to undertaking certain activities. Whenever such notice is required, <br />-16- <br />