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<br /> Persimmon Hill Farm Conservation Easement(Bennett/Pelissier)
<br /> 31. Grantors'Environmental Warranty
<br /> Grantors warrant that Grantors are in compliance with, and shall remain in compliance
<br /> with, 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. Grantors further warrant that Grantors have no actual knowledge of a
<br /> release or threatened release of any Hazardous Materials, as such substances and wastes are
<br /> defined by applicable federal and state law.
<br /> Moreover, Grantors hereby promise to hold harmless and indemnify the Grantee against
<br /> all litigation, claims, demands,penalties and damages, including reasonable attorney fees, arising
<br /> from or connected with the release or threatened release of any Hazardous Materials on, at,
<br /> beneath or from the Property, or arising from or connected with a violation of any Environmental
<br /> Laws by Grantors or any other prior owner of the Property. Grantors' indemnification obligation
<br /> shall not be affected by any authorizations provided by the Grantee to Grantors with respect to
<br /> the Property or any restoration activities carried out by the Grantee at the Property;provided,
<br /> however, that the Grantee shall be responsible for any Hazardous Materials contributed by the
<br /> Grantee to the Property after the date of this Deed of Conservation Easement.
<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 /> 32. Entire Agreement
<br /> This instrument sets forth the entire agreement of the parties with respect to the
<br /> Conservation Easement and supersedes all prior discussions, negotiations, and understandings or
<br /> agreements relating to the said easement.
<br /> 33. Recording Clause
<br /> Page 16 of 18
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