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7.3. Termination. This Easement may be terminated or extinguished only as follows: � The Owner and the Land Trust recognize that circumstances may arise that make continued use of the Protected Property in a manner consistent with the purpose of this Easement irnpossible or impractical. In this event, this Easernent may be extinguished through judicial proceedings. • This Easement may be extinguished pursuant to the proper exercise of the power of eminent domain. 7.4. Proceeds. Following any extinguishment or termination of this Easement in whole or in part, the Land Trust shall be entitled to a portion of the proceeds from any sale, exchange or involuntary conversion of the Protected Property, The Land Trust's share of the proceeds shall be an amount equal to the fair market value of this Easement at the time of the extinguishment but not less than an amount equal to the�proporEionate value that this Easement bears to the value of the Protected Property as a whole at the time of this conveyance. The value af this Easement shall be calculated by the method required by the Internal Revenue S�rvice for calculating an income tax deduction for the charitable donation of a conservation easement. The.Land Trust will use its shaze of any proceeds in a manner consistent with tlie purpose o�this Easement. 7.5. Warranties: The current Owner represents and warrants as follows: a. The Owner is the sole owner of the Protected Property in fee simple and has the right and ability to convey this Easement to the Land Trust. b. The Protected Property is free and clear of all rights, restrictions and encumbrances other than those subordinated to this Easement or otherwise , specifically agreed to by the Land Trust. The Land Trust acknowledges that the Protected Property or a portion of it is subject to matters of record and is or will be subject to a certain Grant of Permanent Flowage Easement in favor of the City of Orono. c. The Owner has no actual knowledge of any use or release of hazardous waste or toxic substances on the Protected Property that is in violation of a federal, state, or local.environmental law and will defend, indemnify and hold the Land Trust harmless against any claims of contamination from such substances. 7.6. Ownershin Responsibilities Costs and Liabilities. The Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the use, ownership;and maintenance of the Protected Property. 12