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<br />3. Liability and Indemnification. If the State is ever required by a court to <br />pay damages resulting from personal injury or property damage that <br />occurs on the Easement Area, the Grantor shall indemnify and reimburse <br />the State for these payments, as well as reasonable attorneys' fees and <br />other expenses of defending itself, unless the State has committed a <br />deliberate act that is determined to be the sole cause of the injury or <br />damage. <br />E. Conservation Purpose. <br />1. Grantor and State, for themselves, their successors and assigns, agree that <br />this Conservation Easement shall be held exclusively for conservation <br />purposes set forth by the Grant Agreement, this Conservation Easement <br />and as specified in Section 170(h)(4)(A). <br />2. Unless otherwise specifically set forth in this Conservation Easement, <br />nothing herein shall convey to or establish for the public a right of access <br />over the Property and Easement Area. <br />3. This Conservation Easement shall be construed to promote the purposes of <br />the North Carolina enabling statute set forth in N.C.G.S. 121-34 et sea. <br />which authorizes the creation of conservation agreements for purposes <br />including those set forth in the Recitals herein, and the conservation <br />purposes of this Conservation Easement, including such purposes as are <br />defined in Section 170(h)(4)(A) of the Internal Revenue Code. <br />F. Recording. Grantor shall record this instrument and any amendment hereto in <br />timely fashion in the official records of Orange County, North Carolina, and may re-record it at <br />any time as maybe required to preserve State's rights. <br />G. Notices. All notices, requests or other communications permitted or required by <br />this Agreement shall be sent by registered or certified mail, return receipt requested, addressed to <br />the parties as set forth above, or to such other addresses such party may establish in writing to <br />the other. All such items shall be deemed given or made three (3) days after being placed in the <br />United States mail as herein provided. In any case where the terms of this Conservation <br />Easement require the consent of any party, such consent shall be requested by written notice. <br />Such consent shall be deemed denied unless, within ninety (90) days after receipt of notice, a <br />written notice of approval and the reason therefore has been mailed to the party requesting <br />consent. <br />H. Amendments. Grantor and State, or their successors in interest in the Easement <br />Area, are free to jointly amend this Conservation Easement to meet changing conditions, <br />provided that no amendment will be allowed that is inconsistent with the purposes of this <br />Conservation Easement or affects the perpetual duration of this Conservation Easement. Such <br />amendment(s) require the written consent of both Grantor and State and shall be effective upon <br />28 <br />