Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20

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FINAL DRAFT 1/16/2020 corrective action sufficient to cure the violation and, where the violation involves injury to the Protected Property resulting from any use or activity inconsistent with the Purpose or terms of this Easement, to restore the portion of the Protected Property so injured to its prior or potential condition in accordance with a plan to which Grantee and Co -Grantee have given consent. 9.3 Grantor's Failure to Respond. Grantee or Co -Grantee may bring an action as provided in Section 9.3 if Grantor: 9.3.1 Fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee or Co -Grantee; 9.3.2 Under circumstances where the violation cannot reasonably be cured within the thirty (30) day period, fails to begin curing such violation within the thirty (30) day period; or 9.3.3 Fails to continue diligently to cure such violation until finally cured. 9.4 Grantee's or Co -Grantee's Action. Grantee or Co -Grantee may bring an action at law or in equity, or both, in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary and as allowed under the applicable civil rules, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any of the Agricultural Conservation Values protected by this Easement, including damages for the loss of the Agricultural Conservation Values; and to require the restoration of the Protected Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee or Co -Grantee, in their sole and absolute discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Protected Property provided, however, that Co -Grantee shall obtain Grantee's and Beneficiaries' consent before applying any such damages. All such actions for injunctive relief may be taken without Grantee or Co - Grantee being required to post bond or provide other security. 9.5 Immediate Action Required. Notwithstanding any other provision of this Easement, if Grantee or Co -Grantee, in their sole and absolute discretion, determine that circumstances require immediate action to prevent or mitigate significant damage to the Agricultural Conservation Values, Grantee or Co -Grantee may pursue their remedies under this Section 9 without prior notice to Grantor, without participation in dispute resolution as provided for in Section 8, or without waiting for the period provided for cure to expire. 9.6 Nature of Remedy. Grantee's and Co -Grantee's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that Grantee's and Co -Grantee's remedies at law for any -22-