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<br />Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997 <br />W I T N E' S S 1r '1' H <br />NOW, THEREFORE, for and in conidex-ation of the covenanl:s <br />her~:inafter made, Orange County and Harber. & Ross agree ss <br />follows: <br />1. Orange County will enter into agreements wi.t~}i T7ocfc~lk- <br />Southern Railway Company and the North Carolina Railroad which <br />enables t:he crossing of the railroad right-of-way f.or the Eflarid <br />Urea Sewer System in a manner which provides an immediate <br />ability to connect the Harber & Ross Company with the: ~;tland <br />Area sewer System and enables a later upgrade ~L" sewer system <br />facilities crossing the railroad right-of-way t;o provide for the <br />connection of the Buckhorn Road EGOnorn1C Development District <br />area to the Efland Rrea Sewer System, all, consistent with North <br />Carolina law. These agreements will be in substantially the f.oL•m <br />of Exhibits H and C hereto. <br />2. Barber & Ross agrees to hold Orange County harmless <br />grid indemnify Orange County ay3irist loss in the event of a rl3icn <br />arising fzom any matter covered by the agreements between Orange <br />L:7UIlty and Norfolk-Southern Rai l.way Company and r_he North <br />C:~rolina Railroad '1'O THE EXTENT AND ONLY TO THF, EXTENT' of a <br />policy or policies of insurance procured and maitit.ainFd by <br />Baz•ber & koss, naming Norfolk-Southern Railway Company, the <br />lvorth Carolina Railroad and Orange Coi.inty, its public ofL'icials, <br />22 <br />i <br />3 <br />