Common use of Limitations on Amendment Clause in Contracts

Limitations on Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate to clarify any ambiguities or to maintain or enhance the Conservation Values, Grantor and Grantee may amend this Conservation Easement by a mutually acceptable written agreement, provided that the amendment: A. Shall be consistent with the primary purposes of this Conservation Easement, as set forth herein; B. Shall not impair the Conservation Values of the Protected Property; C. Shall not adversely affect the eligibility of this Conservation Easement as a “qualified conservation easement” under any applicable laws, including Section 170(h) and 2031(c) of the Code; and D. Shall not adversely affect the status of Grantee as a tax‐exempt organization under Section 501(c)(3) of the Code or as a qualified organization under Section 170(h)(3) of the Code. Any such amendment shall be executed by Grantor and Grantee and recorded in the appropriate public office of the county or counties in which the Protected Property is located. Nothing in this Section 11 shall be construed as requiring Grantor or Grantee to enter into any discussions or negotiations regarding any amendment of this Conservation Easement or to agree to any such amendment.