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FINAL /) Rt IFTM 6/2020 <br />violation of the terms of this Easement are inadequate, and that Grantee and Co - <br />Grantee shall be entitled to the injunctive relief described in this Section 9 both <br />prohibitive and mandatory, in addition to such other relief to which Grantee and Co - <br />Grantee may be entitled, including specific performance of the terms of this Easement, <br />without the necessity of proving either actual damages or the inadequacy of otherwise <br />available legal remedies. Grantee's and Co -Grantee's remedies described in this <br />Section 9 shall be cumulative and shall be in addition to all remedies now or hereafter <br />existing at law or in equity. The provisions of Section 9.6 shall not be interpreted to <br />preclude Grantee or Co -Grantee from obtaining injunctive relief. <br />9.7 Damages. Inasmuch as the actual damages to the Agricultural Conservation Values <br />that could result from a breach of this Easement by Grantor would be impractical or <br />extremely difficult to measure, the Parties agree that the money damages Grantee <br />and/or Co -Grantee are entitled to recover from Grantor shall be, at Grantee's and/or <br />Co -Grantee's election, the higher of <br />(i) the amount of economic gain realized by Grantor from violating the terms of the <br />Easement or (ii) the cost of restoring any Agricultural Conservation Values that have <br />been damaged by such violation. In the event Grantee or Co -Grantee chooses the <br />second of these two measures, Grantor agrees to allow Grantee, Co -Grantee, their <br />agents or contractors, to enter upon the Protected Property and conduct restoration <br />activities. <br />9.8 Costs of Enforcement. In the event Grantor, Grantee, or Co -Grantee finds it necessary <br />to bring an action at law or other proceeding against the other party to enforce or <br />interpret any of the terms, covenants, or conditions of this Easement, the prevailing <br />party in any such action or proceeding shall be paid all costs and reasonable attorneys' <br />and consultants' fees by the other party and all such costs and attorneys' and <br />consultants' fees shall be included in any judgment secured by such prevailing party. <br />9.9 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the <br />discretion of the Grantee, or in the absence of action by Grantee, at the discretion of <br />the Co -Grantee. Any forbearance by Grantee or Co -Grantee to exercise its rights under <br />this Easement in the event of any breach of any terms of this Easement by Grantor shall <br />not be deemed or construed to be a waiver by Grantee or Co -Grantee of such term or <br />of any of Grantee's or Co -Grantee's rights under this Easement. No delay or omission <br />by Grantee or Co -Grantee in the exercise of any right or remedy upon any breach by <br />Grantors shall impair such right or remedy or be construed as a waiver. <br />9.10 Waiver of Certain Defenses. Grantor acknowledges that it has carefully reviewed <br />this Easement and has consulted with and been advised by legal counsel of its terms <br />and requirements. In full knowledge of the provisions of this Easement, Grantor <br />hereby waives any claim or defense it may have against Grantee, Co -Grantee, or their <br />successors in interest under or pertaining to this Easement based upon abandonment, <br />-23- <br />