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14 <br />3. Liabilityand Indemnification. Grantee, its assigns and successors, shall, <br />to the extent permitted by law, indemnify and hold Grantors harmless <br />fiom any liability, damage, loss, cost or expense, includung reasonable <br />attorney fees, for personal injury or property damage (including damage to <br />the Easement Area) to Grantors or any thhd party, resulting in any manner <br />from Grantee's exercise of any of its rights hereunder, except to the extent <br />the liability, damage, loss, cost or expense arises from the negligence or <br />willful misconduct of Grantor. However, the State of North Carolina as an <br />assignee of Grantee's interest in this Conservation Easement shallz to the <br />extent permitted by law; be held harmless fiom any liability, damage, loss, <br />cost or expense, including reasonable attorney fees, for personal injury or <br />property damage, unless the State of North Carolina has committed a <br />deliberate act that is determined to be the sole cause of the injury or <br />damage. <br />D. Conservation Pumose. <br />1. Grantor and Grantee, for itself, its successors and assigns, agrees that this <br />Conservation Easement shall be held exclusively for conservation <br />purposes set for4h by the Grant Agreement, this Conservation Easement <br />and as specified in Section 170(h)(4)(A). <br />2. The Parties recognize and agree that the proposed New Hope Creek <br />Greemvay located within the Easement ?.rea will be open for public entry <br />and use, and shall be open to entry and use equally by all persons, <br />regardless of race, color, creed, national origin, or residence, subject to <br />reasonable published and posted rules governing use of the Easement Area <br />by the Grantee, its successors and assigns, as approved by the Fund, and <br />consistent with the conservation purposes provided by this Conservation <br />Easement. <br />3. This Conservation Easement shall be construed to promote the purposes of <br />the North Cuolina enabling statute set forth in N.C.G.S. 121-34 et se . <br />which authorizes the creation of Conservation Easements for purposes <br />including those set forth in the Recitals herehi, and the conservation <br />proposes of this Conservation Easement, including such proposes as are <br />defined in Section 170(ir)(4)(A) of the Internal Revenue Code. <br />E. Recording. Grantee shall record this insh-runent and any amendment hereto in <br />timely fashion in the official records of Orange and Dw•ham Counties, North Carolina, and <br />may re-record it at any time as may be required to preserve Grantee's rights. <br />F. Notices. All notices, requests or other cotnrnunications permitted or required <br />by this Agreement shall be sent by registered or certified mail, return receipt requested, <br />addressed to the parties as set forth above, or to such other addresses such party may establish <br />in writing to the other. All such items shall be deemed given or made three (3) days after <br />being placed in the United States mail as herein provided. In atry case where the terms of this <br />Conservation Easement require the consent of any party, such consent shall be requested by <br />14 <br />