Violations and Remedies. The Parties agree that this contract may be introduced in any enforcement proceedings at the stipulation of the Parties; notwithstanding any violation or breach of the terms of this contract, this contract shall remain in full force. If Grantor fails to comply with any of the provisions of this contract, ▇▇▇▇▇▇▇ will declare the contract breached. If the contract is breached, the Grantor must restore the land to be in compliance with the contract and all terms of the conservation management program within 90 days. If the cure is not completed, Grantee shall have any legal or equitable remedy provided by law and the right to: (1) Reinstate all or a portion of the debt. Grantee may reinstate all or a portion of the debt canceled in addition to assessing liquidated damages in the amount of 25 percent of the debt cancelled. Grantor will cooperate in executing any documents necessary to reestablish the secured debt. Such reinstated debt shall be deemed a mortgage on the real property encumbered by this contract and other lands which were under mortgage at the time this contract was entered into; (2) Subsequent landowners who breach the Conservation Contract must pay the Agency the amount of the debt cancelled when the contract was executed, plus interest at the non-program interest rate to the date of payment, plus liquidated damages in the amount of 25 percent of the cancelled debt, plus any actual expenses incurred by the Agency in enforcing the terms of the Conservation Contract. (3) Enter upon the contract area. Grantee retains the right to enter the contract area to perform necessary work for prevention of or remediation of damage to wetland, upland, highly erodible land, wildlife, and other natural values; (4) Assess all expenses incurred by ▇▇▇▇▇▇▇. All expenses incurred by ▇▇▇▇▇▇▇, including any legal fees or attorney fees, may be assessed against Grantor, to be owed to Grantee immediately upon assessment.
Appears in 2 contracts
Sources: Conservation Contract, Conservation Contract