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<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,
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