Acts Beyond Landowner’s Control Sample Clauses

Acts Beyond Landowner’s Control. The Easement Holder may not bring any action against the Landowner for any injury or change in the Property resulting from causes beyond Landowner’s control, including, but not limited to, natural disasters such as fire, flood, storm, natural earth movement and natural deterioration, or prudent actions taken by the Landowner under emergency conditions to prevent or mitigate damage from these causes, provided that the Landowner notifies the Easement Holder of any occurrence that has adversely impacted or interfered with the purpose of this Easement.
Sample 1
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Acts Beyond Landowner’s Control. Landowner is not responsible for injury to or change in the Protected Property resulting from natural causes or environmental catastrophe beyond Landowner’s control (such as fire, flood, storm, changes in climatic condition, catastrophic insect infestation, disease, acid rain or other airborne pollutants introduced into the atmosphere by third parties, or earth movement), from action by state or federal government, or from any prudent action taken by Landowner under emergency conditions to prevent, xxxxx, or mitigate significant injury to the Protected Property resulting from such causes. In the event of breach of this Conservation Easement by a third party (other than an agent, employee, guest, invitee, or representative of Landowner), Landowner shall be liable for the foregoing costs of enforcement only in the event that Landowner shall have failed to exercise reasonable good faith efforts under the circumstances in monitoring the Protected Property, and generally safeguarding the Protected Property against such breach by third parties. Nothing herein shall be construed to limit the right of Holder and/or Landowner to seek damages or other compensation from such third parties. Nothing contained in this Conservation Easement shall be construed to require Holder to bring any action against Landowner for any injury to or change in the Protected Property or any injury to any person or property resulting from the actions of Holder or resulting from the actions of any person whose presence on the Protected Property arises out of the exercise of Xxxxxx’s rights hereunder.
Sample 1

Related to Acts Beyond Landowner’s Control

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