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4.1. Protection. Grantee shall have the right to identify, protect, preserve, maintain and <br />conserve in perpetuity and to enhance, restore, or improve by mutual agreement the <br />Agricultural Conservation Values of the Protected Property. <br />4.2. Access by Grantee. As provided for and limited herein, Grantor hereby grants to <br />Grantee reasonable and non-exclusive access at reasonable times across the Protected <br />Property solely for the purposes of fulfilling Grantee's obligations under this Easement <br />and exercising its affirmative rights under this Easement. Specifically, Grantee shall <br />have the right: <br />4.2.1. To enter upon, inspect, observe and study the Protected Property, with such <br />persons as Grantee may require, at mutually agreeable dates and times and upon <br />reasonable prior notice to the Grantor, for the purpose of (a) identifying the <br />current uses and practices on the Protected Property and the condition of the <br />Protected Property, and (b) monitoring the uses and activities on the Protected <br />Property to determine whether they are consistent with this Easement. <br />4.2.2. To enter upon the Protected Property, at a mutually agreeable date and time and <br />upon reasonable prior notice to Grantor, to inspect the Protected Property after <br />major natural events occur, such as fires, windstorms, and floods. <br />4.2.3. To enter upon the Protected Property at such other times as are necessary if there <br />is reason to believe that a violation of the Easement is occurring, for the purposes <br />of enforcing the provisions of this Easement. Prior to entry, Grantee must <br />provide Grantor notice, and describe the basis of the reasonable belief that a <br />violation is occurring on the Protected Property. <br />4.2.4. Grantee shall exercise its access rights in compliance with applicable law and in <br />a manner that will not materially disturb or interfere with Grantor's reserved <br />rights, any other person's lawful use of the Protected Property, or Grantor's quiet <br />enjoyment of the Protected Property. <br />4.2.5. Grantor shall not unreasonably withhold or delay its consent to dates and times <br />of access proposed by Grantee. <br />4.3. Development Rights. Grantor hereby grants to Grantee all development rights (i.e., <br />any interest in and the right to use or subdivide a lot for any and all residential, <br />commercial, and industrial purposes) that are now or hereafter allocated to, implied, <br />reserved or inherent in the Protected Property except as specifically reserved herein, <br />and the Parties agree that such rights may not be used on or transferred off of the <br />Protected Property as it now or hereafter may be bounded or described, or to any other <br />property adjacent or otherwise, or (except as expressly permitted herein) used for the <br />purpose of calculating permissible lot yield or density of the Protected Property or any <br />other property. <br />0 <br />