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<br />(g) Acts or uses detrimental to such retention of land or water areas. <br />(h) Acts or uses detrimental to the preservation of the structural integrity or <br />physical appearance of sites or properties of historical, architectural, archaeological, or <br />cultural significance. <br />3. Reserved RiQhts. Grantor reserves unto itself, and its successors and <br />assigns, all rights accruing from its ownership of the Property, including the right to <br />engage in or permit or invite others to engage in all uses of the Property, that are not <br />expressly prohibited herein and are not inconsistent with the purpose of this <br />Conservation Easement. Grantor reserves the right to implement the Mitigation Plan <br />attached as Exhibit "8" for permit No. 40-117-111941-1. <br />4. RiQhts of Grantee. To accomplish the purposes stated herein, Grantor <br />conveys the following rights to Grantee: <br />(a) To enter upon and inspect the Property in a reasonable manner and at <br />reasonable times to determine if Grantor or its successors and assigns are complying <br />with the covenants and prohibitions contained in this Conservation Easement. <br />(b) To proceed at law or in equity to enforce the provisions of this Conservation <br />Easement and the covenants set forth herein, to prevent the occurrence of any of the <br />prohibited activities set forth herein, and require the restoration of areas or features of <br />the Property that may be damaged by any activity inconsistent with this Conservation <br />Easement. <br />5. Grantee's Discretion. Grantee may enforce the terms of this Conservation <br />Easement at its discretion, but if Grantor breaches any term of this Conservation <br />Easement and Grantee does not exercise its rights under this Conservation Easement, <br />Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, <br /> <br />3 <br />