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<br /> including, without limitation, fire, flood, storm, and earth movement, or from any
<br /> prudent action taken by Grantor under emergency conditions to prevent, abate, or
<br /> mitigate significant injury to the Property resulting from such causes.
<br /> 8. ACCESS. No right of access by the general public to any portion of the
<br /> Property is conveyed by this Grant.
<br /> 9. COSTS AND LIABILITIES. Grantor retains all responsibilities and shall
<br /> bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and
<br /> maintenance of the Property, including the maintenance of adequate comprehensive
<br /> general liability insurance coverage. Grantor shall keep the Property free of any liens
<br /> arising out of any work performed for, materials furnished to, or obligations incurred by
<br /> Grantor.
<br /> (a) Taxes. Grantor shall pay before delinquency all taxes, assessments,
<br /> fees, and charges of whatever description levied on or assessed against the Property
<br /> by competent authority (collectively "taxes"), including any taxes imposed upon,
<br /> or incurred as a result of. this Grant.
<br /> (b) Hold Harmless. Grantor shall hold harmless, indemnify, and defend
<br /> the Grantees and their respective members, directors, officers, employees, agents
<br /> and contractors and the successors and assigns of each of them (collectively
<br /> "Indemnified Parties") from and against all liabilities, penalties, costs, losses,
<br /> damages, expenses, causes of action, claims, demands, or judgments, including,
<br /> without limitation, reasonable attorneys' fees arising from or in any way connected
<br /> with: (1) injury to or the death of any person, or physical damage to any property,
<br /> resulting from any act, omission, condition, or other matter related to or occurring
<br /> on or about the Property, regardless of cause, unless due solely to the negligence
<br /> of any of the Indemnified Parties; (2) the violation or alleged violation of, or other
<br /> failure to comply with, any state, federal or local law, regulation, or requirement,
<br /> including the existence or administration of this Grant. This subparagraph shall not
<br /> be construed to relieve the Town from any liability for which it would otherwise
<br /> be responsible for injuries to its employees on the Property in the course and scope
<br /> of their duties.
<br /> 10. ASSIGNMENT. The Town and with the Town's approval, Gathering
<br /> Waters may transfer their respective interest in this Grant, but only to entities qualified
<br /> to be a holder of conservation easements at the time of transfer under section 700.40(1)(b)
<br /> of the Wisconsin Statutes as it may be amended from time to time. Such an assignment
<br /> shall be evidenced by a recorded document evidencing the assignment of the Town or
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