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consent of the Grantee. The Property shall be held as one <br />agricultural and Open Space unit and, without the express written <br />consent of the Grantee, or by operation of law, Grantor may not <br />convey any portion of the Property as said conveyance would <br />constitute an impermissible division of the Property under this <br />Easement. If the Grantee does approve a division of the <br />Property, or a division occurs by operation of law, all terms of <br />this Easement shall attach to the land and shall survive any <br />division. <br /> <br /> 3.10 The conveyance of right-of-way or the construction <br />of any new roadways, except as provided in Paragraph 2.3. <br /> <br /> 3.11 The annexation of the Property to the City of <br />Louisville, except if by mutual consent of Grantor and Grantee. <br /> <br /> 3.12 Grantor shall retain and reserve the right to use <br />the water rights described in Exhibit A for use in current or <br />future agricultural production on the Property, and shall not <br />transfer, encumber, lease, sell, or otherwise separate the water <br />rights described on Exhibit A from the land described in Exhibit <br />A. <br /> <br /> 3.13 The mining or extraction of soil, sand, gravel, <br />rock, oil, natural gas, fuel, or any other mineral substance. <br /> <br />IV. ENFORCEMENT <br /> <br /> 4.1 Grantee may exercise immediate reasonable enforcement, <br />restoration and conservation actions when such actions are <br />warranted for the protection and preservation of the Property. <br /> <br /> 4.2 Each party also shall be entitled to specific <br />performance by the other Party of all rights granted hereby. In <br />the event that one of the parties fails to abide by the terms <br />hereof, the other party shall be entitled to all applicable <br />remedies at law or in equity, including but not limited to <br />restraining orders, temporary and permanent injunctions, and <br />damages for destruction or injury to the Property and the injured <br />party's interest therein. <br /> <br />V. MISCELLANEOUS <br /> <br /> 5.1 The parties agree that the costs associated with the <br />maintenance and management and insurance of the Property, and any <br />income generated pursuant to any leases involving the Property, <br />shall be divided evenly between the parties. The parties also <br />agree that Grantee shall extend its existing liability and <br />property insurance, which may include self-insurance, to include <br /> <br />Bowes Exchange Agreement 12 <br /> <br /> <br />