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• circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, it may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. The rights of the Town and Gathering Waters under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Grant, and Grantor agrees that remedies at law for any violation of the terms of this Grant are inadequate and that the Town and Gathering Waters shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which they may be entitled, including specific performance of the terms of this Grant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 7. ENFORCEMENT. (a) Costs of Enforcement. Any costs incurred by Grantees in enforcing the terms of this Grant against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Grant shall be borne by Grantor. If Grantor prevails in any action to enforce the terms of this Grant, Grantor's costs of suit, including, without limitation, attorneys' fees, shall be jointly borne by the Town and Gathering Waters. However, no such costs shall be recoverable from either the Town or Gathering Waters, Inc. unless that party has initiated or voluntarily become a party to such proceedings. (b) Enforcement Discretion. Enforcement of the terms of this Grant shall be at the discretion of Grantees, and any forbearance by either of them to exercise its rights under this Grant in the event of any breach of any term of this Grant by Grantor shall not be deemed or construed to be a waiver by Grantees of any subsequent breach of the same or any other terms of this Grant or of any of Grantees' rights under this Grant. No delay or omission by Grantees in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. (c) Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. (d) Acts Beyond Grantor's Control. Nothing contained in this Grant shall be construed to entitle Grantees to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, H:\WI P\1126\155\EAS EM EN2.MPD 0415971138 8