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<br />respectively, at the following addresses, unless a party has been notified by the other of a
<br />change of address.
<br />
<br />To the Grantor: To the Grantee:
<br />
<br />Eno River Association Orange County Department of Environment,
<br />4404 Guess Road Agriculture, Parks and Recreation
<br />Durham, NC 27712 Orange County, North Carolina
<br /> P.O. Box 8181
<br /> Hillsborough, NC 27278
<br />
<br />16. ENVIRONMENTAL CONDITION. The Grantor covenants and represents that it
<br />knows of no release or threatened release of any Hazardous Materials on, at, beneath or from
<br />the Property, or arising from or connected with a violation of any Environmental Laws. The
<br />Grantor hereby promises to hold harmless and indemnify the Grantee against all litigation,
<br />claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or
<br />connected with the release or threatened release by Grantor, its agents, assigns, and guests, of
<br />any Hazardous Materials on, at, beneath or from the Property, or arising from or connected
<br />with a violation of any Environmental Law.
<br />
<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 />
<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,
<br />toxic chemicals, radioactive materials, infectious materials and any other element, compound,
<br />mixture, solution or substance which may pose a present or potential hazard to human health
<br />or the environment.
<br />
<br />17. SEVERABILITY. If any provision of this Conservation Easement is found to be
<br />invalid, the remaining provisions shall not be altered thereby.
<br />
<br />18. PARTIES. Every provision of this Conservation Easement that applies to the
<br />Grantor or Grantee shall also apply to their respective assigns, and all other successors as their
<br />interest may appear. This Conservation Easement shall not be construed to benefit or to create
<br />any rights in any third parties, including but not limited to the general public.
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