Orange County NC Website
17 <br /> 17. Ongoing Responsibilities of Grantor and Grantees <br /> Other than as specified herein, this Conservation Easement is not intended to impose any <br /> legal or other responsibility on the Grantees, or in any way to affect any existing obligation of <br /> the Grantor as owner of the Protected Property. Among other things, this shall apply to: <br /> (a) Taxes—The Grantor shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Protected Property. If the Grantees are ever required to <br /> pay any taxes or assessments on its interest in the Protected Property, the Grantor will reimburse <br /> the Grantees for the same. <br /> (b) Upkeep and Maintenance—The Grantor retains all responsibilities and shall bear <br /> all costs and liability of any kind related to the ownership, operation, and upkeep and <br /> maintenance of the Protected Property, including maintenance of all fencing and other structures <br /> and facilities necessary to comply with the terms and conditions of this Conservation Easement <br /> and the maintenance of adequate comprehensive general liability insurance coverage. Grantees <br /> shall have no obligation for the upkeep or maintenance of the Protected Property. Grantor will <br /> remain responsible for upkeep, maintenance, and repairs to any impoundments located on the <br /> Protected Property. <br /> (c) Liability and Indemnification—Grantor agrees to indemnify and hold the <br /> Grantees harmless from any and all costs, claims or liability, including but not limited to <br /> reasonable attorneys' fees, arising from(i) any personal injury, accidents, negligence or damage <br /> relating to the Protected Property, or any claim thereof; (ii) any violation of any federal, state or <br /> local environmental or land use law or regulation or the use of or presence of hazardous <br /> substances, waste or other regulated materials in, on or under the Protected Property; and (iii) <br /> Grantees exercise of their rights of entry pursuant to this Conservation Easement; provided, <br /> however that if such costs, claims or liability are due in whole or in part to the negligence of the <br /> Grantees or their agents, contractors or employees, liability shall be apportioned accordingly. <br /> In addition, Grantor agrees to maintain liability insurance covering the Protected <br /> Property with minimum coverage as follows: (i) $300,000 per person for personal injury or <br /> death, $300,000 per occurrence, and(ii) $300,000 per occurrence for property damage. These <br /> policy limits may be amended from time to time by written agreement of the parties to which the <br /> parties agree to be bound. Additionally, Grantor warrants that the Grantees are and will remain <br /> named insured on Grantor's property insurance policies covering the Protected Property. Grantor <br /> shall provide Grantees with a certificate of insurance coverage on the effective date of this <br /> Easement and within 10 days of each insurance renewal date. <br /> Grantor shall indemnify and hold harmless the Grantees, their employees, agents, <br /> and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees <br /> penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of <br /> any person or governmental authority, and other liabilities (whether legal or equitable in nature <br /> and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees <br /> on appeal) to which the Grantees may be subject or incur relating to the Protected Property, <br /> which may arise from,but are not limited to, Grantor's negligent acts or omissions or Grantor's <br /> Page 11 of 19 <br />