2010-11-22_REVISION - M2009023 (6)

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prohibitive and mandatory, in addition to such other relief to which such party may be entitled, including specific performance of the terms of this Easement, without the necessity of proving actual damages or the inadequacy of otherwise available legal remedies. Each party's 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. Furthermore, the provisions of C.R.C.P. §38-30.5-108 are incorporated herein by reference and this Easement is made subject to all the rights and remedies set forth therein. Cost of Enforcement. Reasonable costs incurred by any party enforcing the terms of this Easement, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by a violation of the terms of this Easement shall borne by the breaching party. If a party prevails in any action to enforce the terms of this Easement, such party's cost of suit including, without limitation, attorneys' fees, shall be borne by the other party. Parties Discretion. Enforcement of the terms of this Easement shall be at the discretion of the respective parties, and any forbearance by Grantor or the District to exercise their rights under this Easement shall not be deemed or construed as a waiver by Grantor or the District of such term or of any subsequent breach of the same or any other terms of this Easement or of any of their rights under this Easement. No delay or omission by Grantor or the District in the exercise of right or remedy upon any breach shall impair such right or remedy or be construed as a waiver. Acts Beyond Parties' Control. Nothing contained in this Easement shall be construed to entitle any party to bring any action against Grantor or the District for any injury to or change in the Mitigation Property resulting from cause beyond their control, including without limitation, fire, drought, flood, storm, accretion, avulsion, and earth movement. 8. Access The District, its successors, assigns, agents, invitees and licensees shall have the right to access the Mitigation Property at all times. 9. Costs and Liabilities Except as set forth in this Easement, or as otherwise agreed in writing between the parties hereto, Grantor retains all responsibilities related to the ownership of the Mitigation Property. The District assumes all responsibilities related to the operation, upkeep, and maintenance of the Mitigation Property as required by the 404 Permit and necessary to advance the Conservation Values. A. Taxes: Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Mitigation Property by competent authority, including taxes imposed upon, or incurred as a