Orange County NC Website
Draft 11 -10 -04 20 <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 />"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 />environment. <br />Grantors warrant that it is in compliance with, and shall remain in compliance with, all <br />applicable Environmental Laws. Grantors warrant that there are no notices by any governmental <br />authority of any violation or alleged violation of, non - compliance or' alleged non - compliance <br />with or any liability under any Environmental Law relating to the operations or conditions of the <br />Property. Grantors further warrant that it has no actual knowledge of a release or threatened <br />release of Hazardous Materials, as such substances and wastes are defined by applicable Federal <br />and state law. <br />Moreover, Grantors hereby promise to defend and indemnify Grantee and the United <br />States against all litigation, claims, demands, penalties and damages, including reasonable <br />attorneys' fees, arising from or connected with the release or, threatened release of any Hazardous <br />Materials on, at, beneath or from the Property, or arising from or connected with a violation of <br />any 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 />Nothing in this Conservation Easement shall be construed as giving rise to any right or <br />ability in Grantee or the United States, nor shall Grantee or the United States have any right or <br />ability, to exercise physical or managerial control over the day -to -day operations of the Property, <br />or otherwise to become an operator with respect to the Property within the meaning of The <br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. <br />33. Entire Agreement <br />This instrument sets forth the entire agreement of the parties with respect to the Conservation <br />Easement and supersedes all prior discussions, negotiations, and understandings or agreements <br />relating to the said easement, <br />