Common use of Acts Beyond Grantor’s Control Clause in Contracts

Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantor’s control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement; (2) Any prudent action taken by Grantor under emergency conditions to prevent, ▇▇▇▇▇, or mitigate significant injury to the Easement Area resulting from such causes; (3) Acts by ▇▇▇▇▇▇▇, USACE, or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of third parties (including any governmental agencies) that are beyond Grantor’s control. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.

Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee Grantee, its successors or assigns to bring any action against Grantor Grantor, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantor’s control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement; (2) Any prudent action taken by Grantor under emergency conditions to prevent, ▇▇▇▇▇, or mitigate significant injury to the Easement Area resulting from such causes; provided that once the emergency has abated, Grantor, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by ▇▇▇▇▇▇▇, USACEACOE, or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of third parties (including any governmental agencies) that are beyond Grantor’s control. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.