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<br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT
<br />of and enjoy all the benefits derived from and arising out of this Easement subject to
<br />existing easements for roads and public and private utilities.
<br />Grantor further warrants that Grantor has no actual knowledge of a release or
<br />threatened release of Hazardous Materials on, at beneath or from the Protected Property.
<br />Moreover Grantor hereby promises to hold harmless and indemnify the Grantee and the
<br />United States against all litigation, claims, demands, penalties and damages, including
<br />reasonable attorneys' fees, arising from or connected with the release or threatened
<br />release of any Hazardous Materials on, at, beneath or from the Protected Property, or
<br />arising from or connected with a violation of any Environmental Laws by Grantor or any
<br />other prior owner of the Protected Property. Grantor's indemnification obligation shall
<br />not be affected by any authorizations provided by Grantee to Grantor with respect to the
<br />Protected Property or any restoration activities carried out by Grantee at the Protected
<br />Property; provided, however, that Grantee shall be responsible for any Hazardous
<br />Materials contributed after this date to the Protected Property, respectively by Grantee.
<br />Due to the States' interest in this Conservation Easement, the Grantor hereby
<br />promises to hold harmless and indemnify the NCDA &CS against all litigation, claims,
<br />demands, penalties and damages, including reasonable attorneys' fees, arising from or
<br />connected with the release or threatened release of any Hazardous Materials on, at,
<br />beneath or from the Protected Property, or arising from or connected with a violation of
<br />any Environmental Laws by Grantor or any other prior owner of the Property.
<br />"Environmental Law" or "Environmental Laws" means any and all Federal, state,
<br />local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,
<br />policies or requirements of any governmental authority regulating or imposing standards
<br />of liability or standards of conduct (including common law) concerning air, water, solid
<br />waste, hazardous materials, worker and community right -to -know, hazard
<br />communication noise, radioactive material, resource protection, subdivision, inland
<br />wetlands and watercourses, health protection and similar environmental health, safety,
<br />building and land use as may now or at any time hereafter be in effect.
<br />"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste
<br />oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous
<br />chemicals, hazardous wastes, hazardous substances, extremely hazardous substances,
<br />toxic substances, toxic chemicals, radioactive materials, infectious materials and any
<br />other element, compound, mixture, solution or substance which may pose a present or
<br />potential hazard to human health or the environment.
<br />5.3. Liability and Indemnification. Grantor agrees to indemnify and hold the Grantee
<br />and the United States harmless from any and all costs, claims or liability, including but
<br />not limited to reasonable attorneys' fees arising from any personal injury, accidents,
<br />negligence or damage relating to the Protected Property, or any claim thereof, unless due
<br />to the negligence of Grantee or its agents, in which case liability shall be apportioned
<br />accordingly. Grantor is responsible for obtaining liability insurance covering the
<br />Protected Property with limits deemed necessary by Grantor, in its sole discretion.
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