Orange County NC Website
Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and <br />the United States against all litigation, claims, demands, penalties and damages, <br />including reasonable attorneys' fees, arising from or connected with the release or <br />threatened release of any Hazardous Materials on, at, beneath or from the Protected <br />Property, or arising from or connected with a violation of any Environmental Laws by <br />Grantor or any other prior owner of the Protected Property. Grantor's indemnification <br />obligation shall not be affected by any authorizations provided by Grantee or the <br />United States to Grantor with respect to the Protected Properly or any restoration <br />activities carried out by Grantee at the Protected Property; provided, however, that <br />Grantee shall be responsible for any Hazardous Materials contributed after this date to <br />the Protected Property by Grantee. <br />"Environmental Law" or Environmental Laws" means any and all Federal, state, local <br />or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, <br />policies or requirements of any governmental authority regulating or imposing <br />standards of liability or standards of conduct (including common law) concerning air, <br />water, solid waste, hazardous materials, worker and community right-to-know, hazard <br />communication, noise, radioactive material, resource protection, subdivision, inland <br />wetlands and watercourses, health protection and similar environmental health, safety, <br />building 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, <br />explosives, reactive materials, ignitable materials, corrosive materials, hazardous <br />chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, <br />toxic substances, toxic chemicals, radioactive materials, infectious materials and any <br />other element, compound, mixture, solution or substance which may pose a present or <br />potential hazard to human health or the environment." <br />9. include provisions regarding the amount of impervious surfaces permitted on the <br />Protected Property, in accordance with the NRCS Conservation Programs Manual, <br />Part 519. <br />10. include signature of a responsible NRCS official on the Conservation Easement Deed, <br />accepting the property interest of the United States. <br />11. include other terms that may be required by OGC or FRPP policy, such as general <br />indemnification clause and hazardous materials warranty. <br />12. address the following the following permitted uses of the Protected Property by the <br />Grantor in the Conservation Easement Deed. Other permitted uses may be added if <br />they do not conflict with the conservation values of the Protected Property. For <br />further explanation of these provisions see the NRCS Conservation Programs Manual, <br />Part 519.64 B. 7. <br />