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McKee Agricultural Couseivatiou Easement Draft #4 (BOCC) ~ ] <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 />enviromnent. <br />Grantors warrant 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 />goverrunental authority of any violation or alleged violation of, non-compliance or alleged non- <br />compliancewith 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 thueatened 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 Grantors 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 />3.3. Entn~e 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 />34 Recording Clause <br />Grantee shall record this instrument and any amendment hereto in timely fashion with the <br />Office of the Register of Deeds of Orange County, North Carolina, and may re-recordrt at any <br />time as maybe required to preserve its rights under this Conservation Easement, <br />TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, its <br />successors and assigns, forever. <br />[The remainder of this page is intentionally left blank. Signature page follows.] <br />Page 16 of IS <br />