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7.6 Entire Agreement. This instrument sets forth the entire agreement of the Landowner and County <br /> with respect to this Easement and supersedes all prior discussions, negotiations, understandings, <br /> or agreements relating to the Easement, all of which are merged herein. <br /> 7.7 Extinguishment. This Easement may be terminated or extinguished, whether in whole or in <br /> part, only through judicial proceedings in a court of competent jurisdiction. Furthermore, the <br /> Easement may be extinguished only under the following circumstances: (i) all or part of the <br /> Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of <br /> condemnation, or(ii) the Landowner and County agree that a subsequent, unexpected change in <br /> the condition of or surrounding the Property makes it impossible to accomplish the Purpose of <br /> the Easement. <br /> a. The Landowner agrees that this Easement constitutes a real property right, immediately <br /> vested in the County, which has a fair market value. <br /> b. If this Easement is extinguished in whole or in part, then upon the subsequent sale, exchange <br /> or involuntary conversion of the Property, and after the satisfaction of prior claims and <br /> reasonable expenses incurred by the Landowner and County as a result of the <br /> Extinguishment, the County shall be entitled to the fair market value of the Easement. The <br /> County may obtain a lien on the Property for the amount due until such time that it receives <br /> payment for its interest in the Property from the Landowner. <br /> c. The County will use any proceeds it receives from any sale,exchange or involuntary <br /> conversion in a manner consistent with the conservation purposes of this Easement. <br /> 7.8 Joint Obligation. The obligations imposed by this Easement upon the Landowner shall be joint <br /> and several. <br /> 7.9 Ownership Responsibilities, Costs and Liabilities. The Landowner retains all responsibilities <br /> and shall bear all costs and liabilities related to the ownership of the Property, including, but not <br /> limited to, the following: <br /> a. Operation,upkeep and maintenance. The Landowner is responsible for the operation, <br /> upkeep and maintenance of the Property. <br /> b. Control. Nothing in this Easement shall be construed as giving rise, in the absence of a <br /> judicial decree, to any right or ability in the County to exercise physical or managerial <br /> control over the day-to-day operations of the Property, to become involved in the <br /> management decisions of the Landowner regarding the generation, handling or disposal of <br /> hazardous substances, or otherwise to become an operator of the Property within the <br /> meaning of the Comprehensive Environmental Response, Compensation, and Liability Act <br /> of 1980, as amended ("CERCLA"), or similar laws imposing legal liability on the owner or <br /> operator of real property. <br /> c. Permits. The Landowner remains solely responsible for obtaining applicable government <br /> permits and approvals for any construction or other activity or use permitted by this <br /> Easement, and all such construction, other activity, or use shall be undertaken in accordance <br /> with applicable federal, state and local laws, regulations and requirements. <br /> II <br />