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STRATEGIC GROWTH AND RESOURCE CONSERVATION PROGRAM
<br />Final (8.7.2009)
<br />32. Grantor's Environmental Warranty
<br />"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements
<br />of any governmental authority regulating or imposing standards of liability or standards of conduct
<br />(including common law) concerning air, water, solid waste, hazardous materials, worker and community
<br />right -to -know, hazard communication, noise, radioactive material, resource protection, subdivision,
<br />inland wetlands and watercourses, health protection and similar environmental health, safety, building
<br />and land use as may now or at any time hereafter be in effect.
<br />"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives,
<br />reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes,
<br />hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive
<br />materials, infectious materials and any other element, compound, mixture, solution or substance which
<br />may pose a present or potential hazard to human health or the environment.
<br />Grantors warrant that it is in compliance with, and shall remain in compliance with, all applicable
<br />Environmental Laws. Grantors warrant that there are no notices by any governmental authority of any
<br />violation or alleged violation of, non - compliance or alleged non - compliance with or any liability under
<br />any Environmental Law relating to the operations or conditions of the Property. Grantors further warrant
<br />that it has no actual knowledge of a release or threatened release of Hazardous Materials, as such
<br />substances and wastes are defined by applicable Federal and state law.
<br />Moreover, Grantors hereby promise to defend and indemnify Grantee and the United States
<br />against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees,
<br />arising from or connected with the release or threatened release of any Hazardous Materials on, at,
<br />beneath or from the Property, or arising from or connected with a violation of any Environmental Laws
<br />by Grantors or any other prior owner of the Property. Grantors' indemnification obligation shall not be
<br />affected by any authorizations provided by Grantee to Grantors with respect to the Property or any
<br />restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be
<br />responsible for any Hazardous Materials contributed after this date to the Property by Grantee.
<br />Nothing in this Conservation Easement shall be construed as giving rise to any right or ability in
<br />Grantee or the United States, nor shall Grantee or the United States have any right or ability, to exercise
<br />physical or managerial control over the day -to -day operations of the Property, or otherwise to become an
<br />operator with respect to the Property within the meaning of The Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended.
<br />33. Entire Agreement
<br />This instrument sets forth the entire agreement of the parties with respect to the Conservation
<br />Easement and supersedes all prior discussions, negotiations, and understandings or agreements relating to
<br />the said easement.
<br />34. Recording Clause
<br />The Grantee shall record this instrument and any amendment hereto in timely fashion with the
<br />Office of the Register of Deeds of Orange County, North Carolina, and may re- record it at any time as
<br />may be required to preserve its rights under this Conservation Easement.
<br />TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, its successors and
<br />assigns, forever.
<br />ORANGE COUNTY, NORTH CAROLINA
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