Common use of Grantee’s Remedies Clause in Contracts

Grantee’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Premises, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.

Grantee’s Remedies. The Third Party Beneficiary shall have the same rights as Grantee under this section to enforce the terms of this Conservation Easement. If Grantee determines that Grantor is in a violation of the terms of this Conservation Easement has occurred or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient in writing the cure of such violation. At the time of giving any such notice, Grantee shall provide copies of the notice to cure the violationThird Party Beneficiary. If Grantor fails to cure the violation within thirty fifteen (3015) days after receipt of written notice thereof and demand from Grantee, or if the cure reasonably requires more than fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15)-day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or for any injury to any the conservation values protected of the Conservation Area, to enjoin the violation, ex parte as necessary, by this Conservation Easementtemporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, including damages or for the loss of scenicother equitable relief, aestheticincluding, water resource protection or environmental valuesbut not limited to, and to require the restoration of the Premises Conservation Area to the condition that in which it existed prior to any such violation or injury. Without limiting Grantor's ’s liability thereforetherefor, Grantee, in its sole discretion, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the PremisesConservation Area. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the PremisesConservation Area, Grantee may pursue its remedies under this paragraph Section 7 without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's ’s rights under this paragraph section apply equally in the event of either to actual or threatened violations of the terms of this Conservation Easement, and . Grantor agrees that if Grantee's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraphsection, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's ’s remedies described in this paragraph section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. Nothing contained The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking such action at a later time. If at any time in the future Grantor or any subsequent transferee uses or threatens to use the Conservation Area for purposes inconsistent with this Conservation Easement shall be construed to entitle Grantee to bring then, notwithstanding Civil Code Section 815.7, the California Attorney General or any action against Grantor for any injury to entity or change individual with a justiciable interest in the Premises resulting from preservation of this Conservation Easement has standing as interested parties in any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementproceeding affecting this Conservation Easement.

Grantee’s Remedies. If Grantee determines that Grantor is in a violation of the terms of this Conservation Easement has occurred or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to in writing the cure the violationof such violation (“Notice of Violation”). If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Granteea Notice of Violation, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30)- day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce for any or all of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, following: to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or for any injury to the Conservation Values of the Easement Property; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any conservation values protected by this Conservation Easementother legal or equitable relief, including damages for the loss of scenicbut not limited to, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Easement Property to the condition that in which it existed prior to any such violation or injury; or to otherwise enforce this Conservation Easement. Without limiting the liability of Grantor's liability therefore, Grantee, in its sole discretion, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the PremisesEasement Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage injury to the conservation values Conservation Values of the PremisesEasement Property, Grantee may pursue its remedies under this paragraph Conservation Easement without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's ’s rights under this paragraph section apply equally in the event of either to actual or threatened violations of the terms of this Conservation Easement, and . Grantor agrees that if Grantee's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraphsection, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's ’s remedies described in this paragraph section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to the remedies set forth in California Civil Code Section 815, et seq. Nothing contained in this Conservation Easement shall be construed to entitle The failure of Grantee to bring any discover a violation or to take immediate legal action against Grantor for any injury to or change in the Premises resulting shall not bar Grantee from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementtaking such action at a later time.

Grantee’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violationviolation and, where the violation involves injury to the Premises resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Premises so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fail to begin curing such violation within the thirty (30) day period, or fail to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity inequity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee it may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenichistoric, aesthetic, water resource protection scenic or environmental aesthetic values, and to require the restoration of the Premises to the condition that existed prior to any such injury. Without limiting Grantor's ’s liability thereforetherefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Premises, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's ’s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Grantee's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's ’s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.

Grantee’s Remedies. If Subject to the provisions of Paragraph 22 herein, if Grantee determines that Grantor is in violation of the terms of this Conservation Grant of Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Grant of Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Grant of Easement or injury to any conservation values protected by this Conservation Grant of Easement, including damages for the loss of scenic, recreational, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Trail Easement Area to the condition that existed prior to any such injury. Without limiting Grantor's ’s liability thereforetherefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the PremisesTrail Easement Area. If Grantee, in its sole discretion, determines Grantee shall determine that circumstances require immediate emergency action in order to prevent or mitigate significant damage or other adverse consequences to the conservation values value of the PremisesTrail Easement Area, Grantee Grantee, after making reasonable effort to notify Grantor, may pursue its remedies under this paragraph without prior notice to Grantor any or without waiting for the period provided for cure to expireall appropriate relief or remedies. Grantee's ’s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Grant of Easement, and Grantor agrees that if Grantee's ’s remedies at law for any violation of the terms of this Conservation Grant of Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Grant of Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's ’s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Grant of Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises Trail Easement Area resulting from any causes beyond Grantor's ’s control, including, without limitation, fire, flood, storm, storm or earth movement.

Grantee’s Remedies. If Grantee determines that Grantor is in a violation of the terms of this Conservation Easement has occurred or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to in writing the cure the violationof such violation (“Notice of Violation”). If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Granteea Notice of Violation, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30)- day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce for any or all of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, following: to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or for any injury to the Conservation Values of the Property; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any conservation values protected by this Conservation Easementother legal or equitable relief, including damages for the loss of scenicbut not limited to, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Property to the condition that in which it existed prior to any such violation or injury; or to otherwise enforce this Conservation Easement. Without limiting the liability of Grantor's liability therefore, Grantee, in its sole discretion, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the PremisesProperty. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage injury to the conservation values Conservation Values of the PremisesProperty, Grantee may pursue its remedies under this paragraph Conservation Easement without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's ’s rights under this paragraph section apply equally in the event of either to actual or threatened violations of the terms of this Conservation Easement, and . Grantor agrees that if Grantee's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraphsection, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's ’s remedies described in this paragraph section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to the remedies set forth in California Civil Code Section 815, et seq. Nothing contained in this Conservation Easement shall be construed to entitle The failure of Grantee to bring any discover a violation or to take immediate legal action against Grantor for any injury to or change in the Premises resulting shall not bar Grantee from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementtaking such action at a later time.

Grantee’s Remedies. If Grantee determines that Grantor is in The rights hereby granted shall include the right to enforce this Agreement by appropriate legal proceedings and to institute suit(s) to enjoin any violation of the terms of this Conservation Easement or that a violation is threatenedAgreement by ex parte, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Granteetemporary, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or preliminary and/or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, without limitation prohibitory and/or mandatory injunctive relief and to require the restoration of the Premises Property and/or the Building to the condition and appearance required under this Agreement (it being agreed that existed prior Grantee may have no adequate remedy at law), which rights shall be in addition to, and not in substitution of, all other legal and other equitable remedies available to any Grantee to enforce Grantor’s obligation hereunder. Except in the case of an emergency, Grantee agrees that no such injury. Without limiting enforcement actions will be taken unless (a) Grantee has sent written notice to Grantor's liability therefore, Granteespecifying Grantor’s failure to comply with the terms of this Preservation Restriction Agreement, in its sole discretion, may apply any damages recovered and (b) Grantor fails to cure the cost of undertaking any corrective action on same within thirty (30) days from the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values date of the PremisesGrantee’s notice, Grantee may pursue its remedies under this paragraph without prior notice or, if such cure cannot reasonably be completed within said thirty (30) days, Grantor has commenced to Grantor or without waiting for the cure said default within said thirty (30) day period provided for and is pursuing said cure diligently to expirecompletion. Grantee's rights under this paragraph apply equally in In the event Grantor is found to have violated any of either actual Grantor’s obligations, Grantor shall reimburse Grantee for any costs or threatened violations expenses incurred in connection with Grantee’s enforcement of the terms of this Conservation EasementPreservation Restriction Agreement, including all reasonable court costs, and Grantor agrees that if Grantee's remedies attorneys’, architectural, engineering and expert witness fees, together with interest thereon at law for the prime lending rate. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting the use of any violation other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. By its acceptance, Grantee does not undertake any liability or obligation relating to the condition of the terms of this Conservation Easement are inadequateProperty or the Building, that including with respect to compliance with hazardous materials or other environmental laws and regulations. Nothing herein shall impose upon the Grantee shall be entitled any affirmative obligation or liability relating to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance condition of the terms of this Conservation Easement, without the necessity of proving either actual damages Property or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementBuilding.

Grantee’s Remedies. If Grantee determines that Grantor is in The rights hereby granted shall include the right to enforce this Preservation Restriction Agreement by appropriate legal proceedings and to institute suit(s) to enjoin any violation of the terms of this Conservation Easement or that a violation is threatenedPreservation Restriction Agreement by ex parte, Grantee shall give written notice to Grantor of such violation temporary, preliminary and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, without limitation prohibitory and/or mandatory injunctive relief and to require the restoration of the Premises Property and Building to the condition and appearance required under this Preservation Restriction Agreement (it being agreed that existed prior Grantee may have no adequate remedy at law), which rights shall be in addition to, and not in substitution of, all other legal and other equitable remedies available to any Grantee to enforce Grantor’s obligation hereunder. Except in the case of an emergency, Grantee agrees that no such injury. Without limiting Grantor's liability therefore, enforcement actions will be taken unless (a) Grantor has sent written notice to Grantee, in its sole discretionspecifying Grantee’s failure to comply with the terms of this Preservation Restriction Agreement, may apply any damages recovered and (b) Grantee fails to cure the cost of undertaking any corrective action on same within thirty (30) days from the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values date of the PremisesGrantee’s notice, Grantee may pursue its remedies under this paragraph without prior notice or, if such cure cannot reasonably be completed within said thirty (30) days, Grantor has commenced to Grantor or without waiting for the cure said default within said thirty (30) day period provided for and is pursuing said cure diligently to expirecompletion. Grantee's rights under this paragraph apply equally in In the event Grantor is found to have violated any of either actual Grantor’s obligations, Grantor shall reimburse Grantee for any costs or threatened violations expenses incurred in connection with Grantee’s enforcement of the terms of this Conservation EasementPreservation Restriction Agreement, including all reasonable court costs, and Grantor agrees that if Grantee's remedies attorney’s, architectural, engineering and expert witness fees, together with interest thereon at law for an interest rate two percent points (2%) higher than the prime lending rate. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting the use of any violation other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. By its acceptance, Grantee does not undertake any liability or obligation relating to the condition of the terms of this Conservation Easement are inadequateProperty or the Building, that including with respect to compliance with hazardous materials or other environmental laws and regulations. Nothing herein shall impose upon the Grantee shall be entitled any affirmative obligation or liability relating to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance condition of the terms of this Conservation Easement, without the necessity of proving either actual damages Property or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementBuilding.

Grantee’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violationviolation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of Property so injured. If Grantor fails to cure the violation within a thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30)-day period, fails to begin curing such violation within the thirty (30)-day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee it may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values Conservation Values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may Grantee shall apply any damages recovered to the cost of undertaking any the needed corrective action on the PremisesProperty. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the PremisesProperty, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.