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14 <br />3. Liability and 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, including reasonable <br />attomey fees, for personal injury or property damage (including damage to <br />the Easement Area) to Grantors or any third 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 shall be held <br />ham~less from any liability, damage, loss, cost or expense, including <br />reasonable attomey fees, for personal injury or property damage, unless the <br />State of North Cuolina has committed a deliberate act that is determined <br />to be the sole cause of the injury or damage. <br />D. Conservation Purpose. <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 forth 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 />Greenway located within the Easement Area 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 roles 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 constmed to promote the purposes of <br />the North Carolina enabling statute set forth in N.C.G.S. 121-34 et ~. <br />which authorizes the creation of Conservation Easements for purposes <br />including those set forth in the Recitals herein, and the conservation <br />purposes of this Conservation Easement, including such purposes as are <br />defined in Section 170(h)(4)(A) of the Internal Revenue Code. <br />E. Recording. Grantee shall record this insttument and any amendment hereto in <br />timely fashion in the official records of Orange and Durham 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 communications pemutted or required <br />by this Agreement shall be sent by registered or certified mail, return receipt requested, <br />addressed to the patties 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 any case where the terms of this <br />Conservation Easement require the consent of any patty, such consent shall be requested by <br />written notice. Such consent shall be deemed denied unless, within ninety (90) days after <br />14 <br />