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Enforcement. The Grantee shall have the right to prevent and correct violations of the terms of this <br />preservation covenant. If the Grantee, upon inspection of the Subject Property, finds what appears <br />to be a violation, it may exercise its discretion to seek injunctive relief in a court having jurisdiction. <br />Except when an ongoing or imminent violation will irreversibly diminish or impair the cultural, <br />historical and/or architectural importance of the Subject Property, the Grantee shall give the <br />Grantor written notice of the violation and allow thirty (30) calendar days to correct the violation <br />before taking any formal action, including, but not limited to, legal action. if a court, having <br />jurisdiction, determines that a violation exists or has occurred, the Grantee may seek to obtain an <br />injunction to stop the violation, temporarily or permanently. A court may also issue a mandatory <br />injunction requiring the Grantor to restore the Subject Property to a condition that would be <br />consistent with preservation purposes of the grant from the National Park Service. In any case <br />where a court finds that a violation has occurred, the court may require the Grantor to reimburse <br />the Grantee and, if involved in the enforcement effort, the State Attorney General for all the State's <br />or Grantee's expenses, including reasonable attorney fees, incurred in stopping, preventing, and/or <br />correcting the violation, including, but not limited, to reasonable attorney's fees. The failure of the <br />Grantee to discover a violation or to take immediate action to correct a violation shall not bar it <br />from doing so at a later time. <br />m. Effective date; severability. This preservation covenant shall become effective when filed by the <br />Grantor in the Office of the Recorder of CuyahoAa, Ohio, with a copy of the recorded instrument <br />provided to the Grantee for its preservation covenant file. If any part of this preservation covenant <br />agreement is held to be illegal by a court, the validity of the remaining parts shall not be affected, <br />and the rights and obligations of the parties shall be construed and enforced as if the agreement <br />does not contain the particular part held to be invalid. <br />n. Amendments. The parties may by mutual written agreement jointly amend this preservation <br />covenant, provided the amendment shall be consistent with preservation purpose of this <br />preservation covenant and shall not reduce the regulatory controls listed in the conditions of this <br />preservation covenant. Any such amendment shall not be effective unless it is executed in the same <br />manner as this preservation covenant, refers expressly to this preservation covenant, and is filed <br />with the Cuyahoga County Recorder. <br />4 <br />