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16 <br /> 340 in land use planning decisions and ordinances affecting the <br /> Property as well as parcels of land adjacent thereto. <br /> 4 . Prohibited Uses. Any activity on or use of the Property inconsistent <br /> with the purpose of this Agreement is prohibited; provided, however, <br /> from and after the date of this Agreement, the creation of no more <br /> than three (3) lots that meet applicable zoning and/or subdivision <br /> regulations is permitted. <br /> 5. Access. No right of access by the general public to any portion of <br /> the Property is conveyed by this Agreement. <br /> 6. Grantee's Remedies. If Grantee determines that Grantor no longer <br /> meets the criteria necessary for certification as qualifying farmland <br /> and designation as a District, Grantee shall give written notice to <br /> Grantor of such non-compliance. Grantor may take corrective action <br /> sufficient to bring the Property into compliance or may seek to <br /> extinguish the terms of this Agreement pursuant to paragraph 7 . <br /> 7. Revocation. By written notice to the Grantee, the Grantor may revoke <br /> this Agreement as provided for by Section VI of the Orange County <br /> Voluntary Farmland Preservation Program Ordinance and by N.C. General <br /> Statute 106-737. 1 (Farmland Preservation Enabling Act) . A record of <br /> the revocation shall be recorded in the Orange County Register of <br /> Deeds and shall result in loss of eligibility to participate in a <br /> voluntary agricultural district and the benefits thereof. <br /> 8. Condemnation. If the Property is taken, in whole or in part, by <br /> exercise of the power of eminent domain, Grantor shall be entitled to <br /> compensation in accordance with applicable law. <br /> 9. Costs and Liabilities. Grantor retains all responsibilities and shall <br /> bear all costs and liabilities of any kind related to the ownership, <br /> operation, upkeep, and maintenance of the Property._Grantor shall <br /> hold harmless Grantee and its Board of Commissioner members, <br /> directors, officers, employees, agents, and contractors and the heirs, <br /> personal representatives, successors, and assigns of each of them <br /> (collectively "Indemnified Parties") from and against all liabilities, <br /> penalties, costs, losses, damages, expenses, causes of action, claims, <br /> demands, or judgments, including, without limitation, reasonable <br /> attorneys' fees, arising from or in any way connected with: <br /> (1) Injury to or the death of any person, or physical damage to <br /> any property, resulting from any act, omission, condition, <br /> or other matter related to or occurring on or about the <br /> Property, regardless of cause, unless due solely to the <br /> negligence of any of the Indemnified Parties; <br /> (2) The obligations specified in paragraph 9; and <br /> (3) The existence or administration of this Agreement. <br /> 10. Amendment. If circumstances arise under which an amendment to or <br /> modification of this Agreement would be appropriate, Grantor and <br />