Acts Beyond Grantor’s Control. 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 Property resulting from causes beyond Grantor’s control, including fire, flood, storm, and earth movement.
Acts Beyond Grantor’s Control. This Easement shall not be construed to entitle Grantee to bring any legal action against Grantor for any injury to or change in the Property resulting from natural events beyond the control of the Grantor. Such natural events include fire, flood, storm, war, judicial intervention, strike, insurrection, radioactive fallout, earthquake, landslide or Acts of God, or from any prudent action taken by Grantor under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Property resulting from such causes.
Acts Beyond Grantor’s Control. 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 Easement Area resulting from:
(1) Any natural cause beyond Grantor’s control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement;
(2) Any prudent action taken by Grantor under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Easement Area resulting from such causes;
(3) Acts by Xxxxxxx, USACE, or their employees, directors, officers, agents, contractors, or representatives; or
(4) Acts of third parties (including any governmental agencies) that are beyond Grantor’s control. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
Acts Beyond Grantor’s Control. Grantor shall not be liable to Grantees for (a) injury, damages or changes to the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or (b) from any damages resulting from prudent action taken by Grantor under emergency conditions to prevent, xxxxx, or mitigate injury to the Property resulting from such causes, or (c) use of the roads or easements by holders of easements existing on the Effective Date in accordance with the terms of the Easements. This liability safe harbor shall not apply (i) if any such action was violative of applicable state or federal law and (ii) it shall not apply to the obligations to restore the Property as set forth in Section 11.
Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee or a Third Party Beneficiary to bring any action against Grantor for any injury to or change in the Conservation Area resulting from (i) any natural cause beyond Grantor’s control, including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Conservation Area resulting from such causes; or (ii) acts by Grantee or its employees or a Third Party Beneficiary or its employees.
Acts Beyond Grantor’s Control. The Grantee may not bring any action against the Grantor for any change to the Protected Property resulting from causes beyond Grantor’s control, such as changes caused by fire, flood, storm, earth movement, natural deterioration or the unauthorized acts of persons other than the Grantor or the Grantor’s agents, employees or contractors, or resulting from prudent action taken in good faith under emergency conditions to prevent or mitigate damage from such causes.
Acts Beyond Grantor’s Control. Nothing contained in this Deed shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor’s control, including without limitation fire, flood, storm, natural ecosystem progression, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Property resulting from such causes. Notwithstanding the foregoing, Grantor shall be responsible for preventing activities by third parties on or affecting the Property that may violate the terms of this Deed.
Acts Beyond Grantor’s Control. Grantor shall be under no liability or obligation for any failure in the giving of notice with regard to any prudent action taken by Grantor under emergency conditions or threat of emergency to prevent, xxxxx, or mitigate significant injury to the Property or to any person resulting from causes beyond Grantor’s control, including, without limitation, fire, flood, storm, and earth movement, or from any other cause beyond the control of Grantor similar to those occurrences specified.
Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee or CDFW to bring any action against Grantor for any injury to or change in the Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and earth movement, or any prudent action taken by Grantor under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Property resulting from such causes; or (ii) acts by Grantee or its employees or CDFW or its employees.
Acts Beyond Grantor’s Control. Nothing contained in this Restriction shall be construed to entitle Grantees to bring any action against Grantor for any injury to or change in the Premises resulting from causes beyond Grantor’s control, including, without limitation, acts of trespassers or unauthorized or wrongful acts of third persons, fire, flood, storm, earth movement, major tree or plant disease, or from any prudent action taken by Grantor intended to mitigate injury to the Premises resulting from such causes. Notwithstanding the foregoing, nothing herein shall preclude Grantor’s or Grantees’ rights to pursue any third party for damages to the Premises for vandalism, trespass, or any other violation of this Restriction. Grantor and Grantees agree that in the event of damage to the Premises from acts beyond Grantor’s control, if Grantor and Grantees agree that it is desirable and feasible for the Premises to be restored, Grantor and Grantees, at no expense to Grantees, will cooperate in attempting to restore the Premises.
