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RIGHT OF ENTRY AND TESTING AGREEMENT
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<br />This Right of Entry and Testing Agreement (Agreement) is made as of the 31st day of January,
<br />2018, between Orange County, a political subdivision of the State of North Carolina (Entrant),
<br />and Finn & Hunter Properties, LLC, a North Carolina Limited Liability Company (Owner),
<br />concerning the thirteen (13) parcels of real property owned or leased by Owner lying in Chapel
<br />Hill Township, Orange County, and situated in the Morris Grove Heights Subdivision having
<br />PINs 9860-86-9817, 9860-86-9731, 9860-86-9622, 9860-86-5327, 9860-86-3374, 9860-86-
<br />4404, 9860-86-3200, 9860-86-2171, 9860-86-2032, 9860-85-2900, 9860-85-1759, 9860-85-
<br />4801, and 9860-85-7801(Property).
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<br />In consideration of the mutual covenants and agreements contained herein, and for other good
<br />and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
<br />parties hereto agree as follows:
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<br />1. Owner grants to Entrant, its contractors, agents, employees, subcontractors, and assigns a
<br />Right of Entry and license to enter upon the Property solely to conduct and perform inspections,
<br />tests, surveys, samplings, including, but not limited to, utility, environmental, geotechnical,
<br />cultural, archeological, and traffic studies, and/or to perform such other investigative activities as
<br />may necessary (the Permitted Activities). Entrant's entry rights are specifically limited to the
<br />Permitted Activities on the Property and shall not include any other activities on the Property or
<br />any other property or areas surrounding the Property. Entrant shall be responsible for any and
<br />all costs related to entry and the Permitted Activities under this Agreement, including, without
<br />limitation, any temporary installation, operation, maintenance, and removal of equipment on the
<br />Property. To the extent practical Entrant shall provide Owner reasonable notice of entry or
<br />activity on the Property; however, Owner shall not be required to be present during, or to make
<br />on-site inspections of, or to check the quality or progress of, the Permitted Activities. Owner
<br />shall not be responsible for the means, methods, techniques, sequences or procedures, or for
<br />any safety precautions and programs in connection with the Permitted Activities, and the
<br />potential presence of the Owner during the Permitted Activities shall not re-allocate or confer
<br />upon Owner any risk, responsibility, or liability associated with the Permitted Activities, which
<br />risk, responsibility and liability remain solely with the Entrant.
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<br />2. Entrant agrees to comply with all local, state, and federal laws, rules, and ordinances
<br />applicable to the Permitted Activities. Entrant further agrees to exercise due care in the entry
<br />and the performance of all Permitted Activities on the Property, and not to interfere with or
<br />interrupt Owner or any other party's activities or operations on the Property.
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<br />3. Entrant shall release Owner from any and all claims, actions, damages, liability and expense
<br />whatsoever, including without limitation Attorneys' fees and costs, in connection with personal
<br />injury to Entrant’s employees, agents, assigns or contractors, including death, or property
<br />damage arising out of the acts or omissions of Entrant, its employees, agents, or contractors,
<br />upon any portion of the Property. Entrant shall maintain, and shall have its agents, assigns, and
<br />contractors maintain, adequate insurance coverage for the carrying out of the Permitted
<br />Activities.
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<br />4. The term of this Agreement shall be from the execution date and continue for sixty (60) days;
<br />provided, however, that Owner may immediately terminate this Agreement in the event Entrant
<br />DocuSign Envelope ID: 9A6D6B01-3E73-4EEF-B09C-B344E601D9A4
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