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Co -Grantee shall have the right to monitor and enforce the terms of the Easement if <br />Grantee becomes unable or fails to enforce the Easement, or if Co -Grantee in its sole <br />discretion finds that Grantee's enforcement action or consent to Grantor fails to protect <br />the conservation purposes of the Easement. Grantee shall reimburse Co -Grantee for all <br />costs incurred in monitoring and enforcing the easement. <br />9.2 Notice of Non -Compliance. If Grantee or Co -Grantee determine that the Grantor is <br />in violation of the terms of this Easement or that a violation is likely to occur, Grantee <br />or Co -Grantee shall give written notice to Grantor of such violation and demand <br />corrective action sufficient to cure the violation and, where the violation involves <br />injury to the Protected Property resulting from any use or activity inconsistent with the <br />Purpose or terms of this Easement, to restore the portion of the Protected Property so <br />injured to its prior or potential condition in accordance with a plan to which Grantee <br />and Co -Grantee have given consent. <br />9.3 Grantor's Failure to Respond. Grantee or Co -Grantee may bring an action as <br />provided in Section 9.3 if Grantor: <br />9.3.1 Fails to cure the violation within thirty (30) days after receipt of notice thereof <br />from Grantee or Co -Grantee; <br />9.3.2 Under circumstances where the violation cannot reasonably be cured within the <br />thirty (30) day period, fails to begin curing such violation within the thirty (30) <br />day period; or <br />9.3.3 Fails to continue diligently to cure such violation until finally cured. <br />9.4 Grantee's or Co -Grantee's Action. Grantee or Co -Grantee may bring an action at <br />law or in equity, or both, in a court of competent jurisdiction to enforce the terms of <br />this Easement, to enjoin the violation, ex parte as necessary and as allowed under the <br />applicable civil rules, by temporary or permanent injunction, to recover any damages <br />to which it may be entitled for violation of the terms of this Easement or injury to any <br />of the Agricultural Conservation Values protected by this Easement, including <br />damages for the loss of the Agricultural Conservation Values; and to require the <br />restoration of the Protected Property to the condition that existed prior to any such <br />injury. Without limiting Grantor's liability therefor, Grantee or Co -Grantee, in their <br />sole and absolute discretion, may apply any damages recovered to the cost of <br />undertaking any corrective action on the Protected Property provided, however, that <br />Co -Grantee shall obtain Grantee's and Beneficiaries' consent before applying any such <br />damages. All such actions for injunctive relief may be taken without Grantee or Co - <br />Grantee being required to post bond or provide other security. <br />9.5 Immediate Action Required. Notwithstanding any other provision of this Easement, <br />if Grantee or Co -Grantee, in their sole and absolute discretion, determine that <br />-22- <br />