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<br /> BOCC Draft 6/10/16
<br /> 5.1. Grantor's Title Warranty. The Grantor covenants and represents that the Grantor is the sole owner and is seized of
<br /> the Protected Property in fee simple and has good right to grant and convey the Easement; that the Protected
<br /> Property is free and clear of any and all encumbrances, including but not limited to, any mortgages not subordinated
<br /> to this Easement, and that the Grantee shall have the use of and enjoy all the benefits derived from and arising out of
<br /> his Easement subject to existing easements for roads and public and private utilities.
<br /> 5.2. Grantor's Environmental Warranty. The Grantor hereby promises to hold harmless and indemnify the Grantees and
<br /> the NCDA&CS against all litigation, claims, demands,penalties and damages, including reasonable attorneys' fees,
<br /> arising from or connected with the release or threatened release of any Hazardous Materials on, at,beneath or from
<br /> the Protected Property, or arising from or connected with a violation of any Environmental Law by Grantor or any
<br /> other prior owner of the Protected Property.
<br /> "Environmental Law" or"Environmental Laws"means any and all Federal, state, local or municipal laws,rules,
<br /> orders,regulations, statutes, ordinances, codes, guidelines,policies or requirements of any governmental authority
<br /> regulating or imposing standards of liability or standards of conduct(including common law) concerning air,water,
<br /> solid waste,hazardous materials,worker and community right-to-know,hazard communication noise,radioactive
<br /> material,resource protection, subdivision, inland wetlands and watercourses,health protection and similar
<br /> environmental health, safety,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 oils, explosives,reactive materials,
<br /> ignitable materials, corrosive materials,hazardous chemicals,hazardous wastes,hazardous substances, extremely
<br /> hazardous substances, toxic substances, toxic chemicals,radioactive materials,infections materials and any other
<br /> element, compound,mixture, solution or substance which may pose a present or potential hazard to human health or
<br /> the environment.
<br /> 5.3. Liability and Indemnification. Grantor agrees to indemnify and hold the Grantee, and the State of North Carolina
<br /> harmless from any and all cost, claims or liability, including but not limited to reasonable attorneys' fees arising
<br /> from any personal injury, accidents,negligence or damage relating to the Protected Property, or any claim thereof,
<br /> unless due to the negligence of Grantee or its agents,in which case liability shall be apportioned accordingly.
<br /> Grantor is responsible for obtaining liability insurance covering the Protected Property with limits deemed necessary
<br /> by Grantor,in its sole discretion.
<br /> Grantor agrees to indemnify and hold Grantee and the State of North Carolina harmless from any and all costs,
<br /> claims or liability, including but not limited to reasonable attorney fees arising from any personal injury, accidents,
<br /> negligence or damage relating to the Protected Property, or any claim thereof,unless due to the negligence of
<br /> Grantee or its agents,in which case liability shall be apportioned accordingly.
<br /> ARTICLE VI. MISCELLANEOUS
<br /> 6.1. Recording. Grantee shall record this instrument in a timely fashion in the official record of Orange County,North
<br /> Carolina, and may re-record it at any time as may be required to preserve the rights of the Grantee, the State, and the
<br /> United States under this Easement.
<br /> 6.2. Survival of Terms/Merger of Fee and Easement. The Grantor and Grantee agree that the terms of this Easement
<br /> shall survive any merger of this fee and easement interest in the Protected Property. In the event the Grantee
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