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15 <br />written notice. Such consent shall be deemed denied unless, within nhrety (90) days after <br />receipt of notice, a written notice of approval and the reason therefore has been mailed to the <br />party requesting consent. <br />G. Amendments. Grantor and Grantee are free to jointly amend this <br />Conservation Easement to meet changing conditions, provided that no amendment will be <br />allowed that is inconsistent with the purposes of this Conservation Easement or affects the <br />perpetual duration of this Conservation Easement. Such amendment(s) require the written <br />consent of both Grantor and Grantee and shall be effective upon recording in the public <br />records of Orange and Durham, North Carolina. <br />H. Enviromnental Condition of Easement Area. The Grantor warrants, represents <br />and covenants to the Grantee that to the best of its lrnowledge after appropriate inquiry and <br />investigation that: (a) the Easement Area described herehr is and at all times hereafter will <br />continue to be in full compliance with all federal, state and local environmental laws and <br />regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, <br />or environmentally regulated substances (including, without limitation, any materials <br />containing asbestos) located on, in or under the Easement Area or used in connection <br />therewith, and that there is no environmental condition existing on the Easement Area that <br />may prohibitor impede use of the Easement Area for the purposes set forth in the Recitals and <br />the Grantor will not allow such uses or conditions. <br />L Entire A~r~eement. This inshurtrent sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement If any <br />provision is found to be hlvalid, the remainder of the provisions of this Conservation <br />Easement, and the application of such provision to persons or circumstances other than those <br />as to which it is found to be invalid, shall not be affected thereby. The party (ies) hereto intend <br />this document to be an hrstrurnent executed under seal If any party is an individual, <br />parinersllip or limited liability company, such party hereby adopts the word "SEAL" following <br />his/her signature and the name of the partnership or limited liability company as his/her/its . <br />legal seal. The Recitals set forth above and the Exhibits attached hereto are incorporated <br />herein by reference. <br />J. Indetnni The State of North Cuolina as atr assignee of Grantee's hrterest in <br />this Conservation Easement shall be held harmless from and against all claims, actions, <br />liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of <br />any violation of any federal, state, or local envhonmental or land use law or regulation or of <br />the use or presence of hazardous substance, waste or other regulated material in, on or under <br />the property. <br />K. Interpretation. Tlis Conservation Easement shall be conshued and hlterpreted <br />under the laws of the State of North Carolina, and any ambiguities herehl shall be resolved so <br />as to give maximum effect to the conservation purposes sought to be protected herein. <br />15 <br />