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County of Orange and Association for the Preservation of the Eno River Agreement 1 6 <br />September 15, 2009 <br />C. CONSERVATION EASEMENTS: The parties acknowledge that the Association's said <br />property is encumbered by two conservation easements, one held by the State of North <br />Carolina, and the other held by Orange County, copies of which are attached hereto as <br />Exhibits A and B, respectively. The County agrees that it shall not violate the terms of either <br />conservation easement, and that if such a violation shall occur as the result of the use of the <br />property hereunder by the County, it's employees, agents, or third parry contractors, the <br />County will restore the property to its condition prior to the occurrence of the violation, and <br />will hold the Association harmless from any loss, claims, cost, expense, liability, action or <br />judgment, including attorney's fees, arising out of or related to such violation. <br />D. AMENDMENTS: This agreement may be amended by mutual written agreement of the <br />Association and the County. <br />E. TERM: This agreement shall exist and continue for a period of five (5) years, beginning <br />October 1, 2009 and ending September 31, 2014, and may be extended thereafter for <br />successive five year periods upon the mutual agreement of the parties. <br />F. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the parties <br />hereto. <br />IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and <br />caused it to be executed in their behalf by the undersigned agents. <br />This, the _ day of , 2009. <br />THE ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVE INC <br />Holly F. Reid, President <br />Attest: Bercedis Peterson, Secretary <br />COUNTY OF ORANGE <br />Chair <br />Orange County Commissioners <br />Attest: Donna Baker, Clerk to the Board <br />Approved as to Form and authorization: <br />