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Area, the City may invoke these same remedies without notification or a cure period. 3. If the City enters the Easement Area to prevent or limit harm or damage to the Easement Area or to effect a cure of the violation, the Owner will reimburse the City all costs associated with the City's actions within 30 days of the date the City sends an invoice to the Owner for these costs. D. Injunctive and Declaratory Relief; Reimbursement of Costs. The Owner understands and agrees that the City shall be entitled to a temporary restraining order and to temporary or permanent injunctive relief as a remedy for any violation of this Easement. In addition, the Owner understands and agrees that the City shall be entitled to specific performance, declaratory relief, restitution, reimbursement of expenses, and an order compelling the Owner to correct any violation of this Easement. If the court determines that the Owner has violated this Easement, the Owner shall pay to the City all reasonable litigation costs and attorney's fees, and all costs of corrective action incurred by the City. E. Cumulative Remedies. The remedies of the City are cumulative. The City may invoke any or all of these remedies, and any other remedies the City may have at law or in equity, if there is an actual or threatened violation of this Easement. 6. Notice from Owner to City. The Owner will give the City 30 days written notice whenever the City's approval is required under this Easement. If the City fails to respond within 30 days after it receives the written notice, then its approval shall be deemed given. This implied approval shall not extend to any activity that violates this Easement. This requirement does not extend to activities of the Owner that are covered by permits requirements in the City's general ordinances. 7. Miscellaneous Provisions. A. In accepting and holding this Easement, the City shall have no liability or other obligation for costs, liabilities, taxes, or insurance of any kind related to the Property. The City's rights do not include the right, in absence of a judicial decree, to enter the Property for the purpose of becoming an operator of the Property within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act or other similar federal or state laws. The City, its officers, employees, and agents assume no liability arising from injury or death to any person or physical damage to any property arising from their acts or omissions under this Easement. The Owner agrees to defend the City against such claims arising during the term of the Owner's ownership of the Property. B. Termination. This Easement may be terminated only with the express written consent of the City. A party's future rights and obligations under this Easement terminate upon transfer of that party's interest in the Property, but liability of that party to the City for acts or omissions occurring prior to the transfer will survive the transfer. C. Construction. This Easement shall be liberally construed in favor of its purposes as stated in Paragraph 1 above. Texas law shall govern this Easement. This Easement is granted and accepted pursuant to Texas Natural Resources Code Chapter 183, as amended. C:\TEMP\conservation easement.doc 4