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Sykes Agricultural Conservation Easement Draft #3 CLEAN 2 3
<br />Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and
<br />United States against all litigation, claims, demands, penalties and damages, including reasonable
<br />attorney fees, arising from ar connected with the release or threatened release of an Hazardous
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<br />Materials on, at, beneath or from the Protected Property, or arising from or connected with a
<br />violation of any Environmental Laws by Grantor or any other prior owner of the Protected
<br />Property. Grantor's indemnif cation obligation shall not be affected by any authorizations
<br />provided by Grantee or the United States to Grantor with respect to the Protected Property or any
<br />restoration activities carried out by Grantee at the Protected Property; provided, however, that
<br />Grantee shall be responsible for any Hazardous Materials contributed by Grantee to the Protected
<br />Property after the date of this Deed of Conservation Easement.
<br />"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
<br />requirements of any governmental authority regulating or imposing standards, of liability or
<br />standards of conduct including common law} concerning air, water, solid waste hazardous
<br />materials, worker and communityright-to-know, hazard communication, noise, radioactive
<br />material, resource protection, subdivision, inland wetlands and watercourses, health protection
<br />and similar environmental health, safety, building and land use as may now or at any time
<br />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 chemicals,
<br />hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
<br />chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
<br />solution or substance which may pose a present or potential hazard to human health or the
<br />environment.
<br />3.2. Entire ~igreement
<br />This instrument sets forth the entire .agreement of the parties with respect to the
<br />Conservation Easement and supersedes all prior discussions, negotiations, and understandin s or
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<br />agreements relating to the said easement.
<br />33. .Retarding Clause
<br />Grantee shall record this instrument and any amendment hereto in timely fashion with the
<br />Off ce of the Register of Deeds of Orange County, North Carolina, and may re-record it at any
<br />time as may be required to preserve its rights under this Conservation Easement.
<br />TD HAVE AND TD HOLD this Deed of Conservation Easement unto Grantee, its
<br />successors and assigns, forever.
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