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Fickle Creek Farm Conservation Easement Draft BOCC Jan 22 20
<br />31. Subsequent Easements /Restrictions on the Property
<br />The grant of any easements or use restrictions that might diminish or impair the
<br />agricultural viability or productivity of the Property or otherwise diminish or impair the
<br />conservation values of the Property is prohibited. Any such easements or restrictions shall be
<br />subordinated to this Conservation Easement.
<br />32. Grantors' Environmental Warranty
<br />"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
<br />requirements of any governmental authority regulating or imposing standards of liability or
<br />standards of conduct (including common law) concerning air, water, solid waste, hazardous
<br />materials, worker and community right -to -know, hazard communication, noise, radioactive
<br />material, resource protection, subdivision, inland wetlands and watercourses, health protection
<br />and similar environmental health, safety, building and land use as may now or at any time
<br />hereafter be in effect.
<br />"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils,
<br />explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
<br />hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
<br />chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
<br />solution or substance which may pose a present or potential hazard to human health or the
<br />environment.
<br />Grantors warrants that they are in compliance with and shall remain in compliance with,
<br />all applicable Environmental Laws. Grantors warrant that there are no notices by any
<br />governmental authority of any violation or alleged violation of, non - compliance or alleged non-
<br />compliance with or any liability under any Environmental Law relating to the operations or
<br />conditions of the Property.
<br />Grantors warrant that they have no actual knowledge of a release or threatened release of
<br />any Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits.
<br />Moreover, Grantors hereby promise to indemnify and hold harmless Grantee and the United
<br />States against all costs, claims, demands, penalties and damages, including reasonable attorney
<br />fees, arising from or connected with the release or threatened release of any Hazardous Materials
<br />on, at, beneath or from the Property, or arising from or connected with a violation of any
<br />Environmental Laws by Grantor or any other prior owner of the Property. Grantors'
<br />indemnification obligation shall not be affected by any authorizations provided by Grantee to
<br />Grantors with respect to the Property or any restoration activities carried out by Grantee at the
<br />Property; provided, however, that Grantee shall be responsible for any Hazardous Materials
<br />contributed after this date to the Property by Grantee.
<br />33. Entire Agreement
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