Violations Due to Causes Beyond Landowner's Control Sample Clauses

Violations Due to Causes Beyond Landowner's Control. (Natural Disasters/Unauthorized Acts by Third Parties) Nothing herein shall be construed to entitle the Holder to institute any enforcement proceedings against the Landowner for any changes to the Easement Area due to causes beyond the Landowner's control, such as natural events or natural causes beyond Landowner's control, including, without limitation, fire, flood, storm, earthquake, infestations, natural deterioration, earth movement, climate change, or from any prudent action taken by Landowner under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Easement Area resulting from such natural events or causes or the unauthorized wrongful acts of third persons. In the event a natural disaster or emergency conditions alter the Easement Area, Landowner and Holder will work together to identify restoration or rehabilitation activities and develop a restoration plan, or otherwise the parties may determine that the Conservation Easement may be terminated in accordance with New York State law. Landowner shall notify Holder of any act or occurrence that Landowner has been made aware of that would adversely affect or interfere with this Conservation Easement that is caused by a third party or parties. In the event of violations of this Conservation Easement caused by the wrongful acts of a third party, Landowner shall cooperate fully with Holder in enforcement of this Conservation Easement, including but not limited to: gathering facts and information relevant to the violation; assigning its right of action to the Holder; joining in any claim or legal action; and/or appointing the Holder as its attorney-in-fact for purposes of enforcement, all at the election of the Holder. In the event that such third-party acts interfere with the Conservation Values of this Conservation Easement, Landowner and Holder shall work together to identify restoration or rehabilitation activities and develop a restoration plan. This section shall not be construed to relieve Landowner of the obligation to clean up garbage or materials dumped on the Property by third parties, to take all reasonable actions to prevent violations of the Conservation Easement by third parties, or to otherwise maintain the Property in a condition consistent with the purposes of this Conservation Easement.
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