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Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />Page 14 of 18 <br />these values are determined on the date of this Conservation Easement, subject to any applicable <br />law which expressly requires for a different disposition of the proceeds. <br /> <br />If, however, after the condemnation or eminent domain proceedings, a court of <br />jurisdiction does not include in the just compensation awarded as a result of the taking, the <br />amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br />any proceeds awarded. <br /> <br /> All condemnation-related expenses, including reasonable attorney fees, incurred by the <br />Grantor and Grantee shall be paid out of any recovered proceeds prior to distribution of the net <br />proceeds as described herein. <br /> <br />24. Interpretation <br /> <br />This Conservation Easement shall be interpreted under the laws of the State of North <br />Carolina and the laws of the United States, resolving any ambiguities and questions of the <br />validity of specific provisions so as to give maximum effect to its conservation purposes. <br /> <br />25. Perpetual Duration; Severability <br /> <br />The Conservation Easement created by this Deed shall be a servitude running with the <br />land in perpetuity. Every provision of this Deed that applies to the Grantor or Grantee shall also <br />apply to their respective agents, heirs, executors, administrators, assigns, and all other successors <br />as their interests may appear. Invalidity of any of the covenants, terms or conditions of this <br />Conservation Easement, or any part thereof, by court order or judgment shall in no way affect the <br />validity of any of the other provisions hereof which shall remain in full force and effect. <br /> <br />26. Merger <br /> <br />The Parties agree that the terms of this Conservation Easement shall survive any merger <br />of the fee and easement interests in the Property. <br /> <br />27. Notices <br /> <br />Any notices required by this Deed shall be in writing and shall be personally delivered or <br />sent by first class mail to the Grantor and Grantee respectively at the following addresses, unless <br />a party has been notified in writing by the other of a change of address: <br /> <br /> To the Grantor: To the Grantee: <br /> <br /> Fickle Creek Land Co., LLC Orange County Dept. of Environment, <br /> 211 Fickle Creek Xing Agriculture, Parks and Recreation <br /> Efland, NC 27243 PO Box 8181 <br /> Hillsborough, NC 27278 <br /> <br /> <br />20