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<br />Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN
<br />for ingress, egress and regress and for utility purposes in order to provide access to the property
<br />identified as "Tract 4" on the recorded plat. The easement granted shall be not wider than fifty
<br />(50) feet. Any road or drive constructed within the easement shall be gravel and otherwise meets
<br />but not exceed the-Orange County private road standards for a Class "B" private road as those
<br />standards exist at the time of the grant of this Conservation Easement. A copy of those standards
<br />is attached hereto as Exhibit C and incorporated herein by reference. Any such easements shall
<br />be subordinate to-this Conservation Easement, shall be located wholly within the area designated
<br />"Future 50' Wide Right of Way" on the recorded plat, and the impervious surface limits on the
<br />Property as described in Paragraph 7(b) of this Conservation Easement shall pertain to any
<br />impervious surface within any such easement.
<br />31. Grantor's Environmental Warranty
<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 community right-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 arty other element, compound, mixture,
<br />solution or substance which may pose a present or potential hazard to human health or the
<br />environment.
<br />Grantor warrants that it is in compliance with, and shall remain in compliance with, all
<br />applicable Environmental Laws. Grantor warrants that there are no notices by any governmental
<br />authority of any violation or alleged violation of, non-compliance or alleged non-compliance
<br />with or any liability under any Environmental Law relating to the operations or conditions of the
<br />Property.
<br />Grantor warrants that he has no actual knowledge of a release or threatened release of any
<br />Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. Moreover,
<br />Grantors hereby promise to indemnify and hold harmless the Grantee, NCDACS, and the United
<br />States against all costs, claims, demands, penalties and damages, including reasonable attorney
<br />fees, arising from or connected with the release or threatened release of any Hazardous Materials
<br />on, at, beneath or from the Property, or arising from or connected with a violation of any
<br />Environmental Laws by Grantor or any other prior owner of the Property. Grantor's
<br />indemnification obligation shall not be affected by any authorizations provided by Grantee, the
<br />NCDACS, or the United States to Grantor with respect to the Property or any restoration
<br />activities carried out by Grantee at the Property; provided, however, that Grantee shall be
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