Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20

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adverse possession or prescription relating to the Protected Property or this Easement. Except for the foregoing, Grantor specifically retains any and all rights it has under the law as owner of the Protected Property, including, without limitation, the right to bring claims against Grantee or Co -Grantee for any breach by Grantee or Co -Grantee of the terms of this Easement. 9.11 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee or Co -Grantee to bring any action against Grantor to abate, correct, or restore any condition on the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from actions by a trespasser upon the Protected Property or causes beyond Grantor's control, including, without limitation, natural disaster, fire, flood, storm, pest infestation, earth movement, and climate change, and from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Property resulting from such causes. In the event the terms of this Easement are violated by acts of trespassers, and Grantor has not undertaken suit itself, Grantor agrees, at Grantee's and Co -Grantee's option, to assign its right of action to Grantee and Co -Grantee, or to appoint Grantee and Co -Grantee its attorneys in fact, for purposes of pursuing enforcement action against the responsible parties. 9.12 Compliance Certificates. Upon request by Grantor, Grantee and Co -Grantee shall, as soon as possible and no later than thirty (30) days after receipt of such request, execute and deliver to Grantor any document, including an estoppel certificate, which certifies, to the best of Grantee's and Co -Grantee's knowledge, Grantor's compliance or lack thereof with any obligation of Grantor contained in this Easement and otherwise evidences the status of this Easement as requested by Grantor. Such certification shall be limited to the condition of the Protected Property as of Grantee's and Co -Grantee's most recent inspection. If Grantor requests more current documentation, Grantee or Co -Grantee shall conduct an inspection, at Grantor's expense, within forty-five (45) days of receipt of Grantor's written request and payment therefor. Any Beneficiary to this Easement shall not be estopped from claiming or enforcing a violation of this Easement unless such Beneficiary has also executed the Compliance Certificate. 10 LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE 10.1 Liabilities and Insurance. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property, including the maintenance of adequate liability insurance coverage. Such insurance shall include Grantee's and Co -Grantee's interest, name Grantee and Co -Grantee as an additional insured, and provide for at least thirty (30) days notice to Grantee and Co -Grantee before cancellation and that the act or omission of one insured will not invalidate the policy as to the other insured party. The Parties release and relieve the other, and waive their entire right to recovery for loss or damage -24-