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8 <br /> A. By judicial determination, by a court having jurisdiction over the <br /> Conservation Easement, that circumstances have rendered the purpose of <br /> this Conservation Easement impossible to achieve. <br /> B. In the event all or any of the Protected Property is taken by exercise of the <br /> power of eminent domain or acquired in lieu of condemnation, whether by <br /> public, corporate or other authority, except by the parties hereto. <br /> VIII. Proceeds. In the event of termination or extinguishment of this Conservation <br /> Easement, Grantee shall be compensated by Grantor for the fair market value of its <br /> interest in the Protected Property as determined by either a real estate appraiser licensed <br /> by the State of Washington or a court of competent jurisdiction. <br /> IX. Transfer or Assignment of the Conservation Easement. This Conservation <br /> Easement is transferable, but Grantee may assign its rights under this Conservation <br /> Easement only to an agency or organization that is authorized to acquire and hold <br /> conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified <br /> at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a <br /> condition of such transfer, Grantee shall require that the transferee exercise its rights <br /> under the assignment consistent with the purpose of this Conservation Easement. <br /> X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs <br /> and liabilities of any kind related to ownership, operation, upkeep, and maintenance of <br /> the Protected Property. <br /> A. Taxes. Grantor shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Protected Property. <br /> B. Attorneys fees and costs for enforcement. If the Grantee commences and <br /> successfully prosecutes an enforcement action pursuant to Section XI <br /> below, the Grantor shall pay all reasonable costs and expenses associated <br /> with the enforcement action, including but not limited to, reasonable <br /> attorneys fees. <br /> XL Enforcement & Monitoring. Grantee shall have the authority to enforce the <br /> terms of this Conservation Easement. To exercise this authority and thereby further the <br /> purpose of this Conservation Easement, the Grantee shall have the following rights under <br /> this Conservation Easement,which are subject to the stated limitations: <br /> A. Entry onto Protected Property with Reasonable Notice. If the Grantee has <br /> reason to believe that a violation of the terms of this. Conservation <br /> Easement has occurred or is occurring, the Grantee shall have the right to <br /> enter the Protected Property, provided that reasonable advance notice is <br /> given to the Grantor, for the purpose of inspecting it for violations of any <br /> requirement set forth in this Conservation Easement. Additionally, the <br /> 67 <br />