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17 <br />Attachment E <br />Grantee shall require that the conservation purposes intended to be advanced hereunder shall be <br />continued to be carried out. If the Grantee ever ceases to exist or no longer qualifies under 26 U.S.C. <br />§170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this <br />Conservation Easement to another qualified organization having similar purposes that agrees to assume <br />the responsibility imposed by this Conservation Easement. <br />N. Grantor's Title Warranty <br />The Grantor(s) warrant that they hold fee simple title to the Property and must disclose any encumbrances <br />on the Property to the Commissioner of Agriculture and hereby promise to defend the same against all <br />claims that may be made against it. <br />O. Parties in Interest <br />If the Grantor(s) are multiple parties in interest or a trust, all signatures obtained must be by authorized <br />officers or parties. <br />P. Grantor's Environmental Warranty <br />The Grantor(s) warrant that they have no actual knowledge of a release or threatened release of <br />hazardous substances or wastes on the Property. <br />Q. Obligations <br />Other than as specified herein, this Conservation Easement does not impose any legal or other <br />responsibility on the Grantee or the State of North Carolina. <br />R. Liability and Indemnification <br />The Grantor(s) agree to indemnify and hold Grantee and the State of North Carolina harmless from any <br />and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any <br />personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due <br />to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. <br />S. Enforcement <br />With reasonable advance written notice to the Grantor(s), the Grantee shall have the right to enter the <br />Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. The <br />Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation <br />Easement through judicial action. The parties agree that a court may issue an injunction or order requiring <br />the Grantor(s) to restore the Property to its condition prior to the violation as restoration of the property may <br />be the only appropriate remedy. In any case where a court finds that a violation has occurred, the <br />Grantor(s) shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, <br />including but not limited to court costs, attorneys' fees, and any other costs incurred with onsite <br />remediation. The failure of the Grantee to discover a violation or to take immediate legal action shall not <br />bar it from doing so at a later time. In any case where a court finds no such violation has occurred, each <br />party shall bear its own costs. <br />In the event that Grantee fails to enforce any of the terms of this Conservation Easement, as determined in <br />the sole discretion of the Commissioner of Agriculture, the said Commissioner of Agriculture and his or her <br />successors and assigns shall have the right to enforce the terms of the Conservation Easement through <br />