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<br /> 5.1. Grantor's Title Warranty. The Grantor covenants and represents that the Grantor is the sole owner and is seized of
<br /> the Protected Property in fee simple and has good right to grant and convey the Easement;that the Protected
<br /> Property is free and clear of any and all encumbrances,including but not limited to, any mortgages not
<br /> subordinated to this Easement, and that the Grantees shall have the use of and enjoy all the benefits derived from
<br /> and arising out of his Easement subject to existing easements for roads and public and private utilities.
<br /> 5.2.Grantor's Environmental Warranty. Grantor warrants that Grantor is in compliance with, and will remain in
<br /> compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any
<br /> governmental authority of any violation or alleged violation of,noncompliance or alleged noncompliance with,or
<br /> any liability under, any Environmental Law relating to the operations or conditions of the Protected Property.
<br /> Grantor further warrants that they have no actual knowledge of a release or threatened release of Hazardous
<br /> Materials, as such substances and wastes are defined by applicable Federal and State law.
<br /> Moreover, Grantor hereby promises to hold harmless and indemnify the Grantees and NCDA&CS against all
<br /> litigation,claims, demands,penalties and damages, including reasonable attorney's fees, arising from or connected
<br /> with the release or threatened release of any Hazardous Materials on, at,beneath or from the Protected Property, or
<br /> arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the
<br /> Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by
<br /> Grantees to Grantor with respect to the Protected Property or any restoration activities carried out by Grantees at
<br /> the Protected Property;provided,however,that Grantees shall be responsible for any Hazardous Materials
<br /> contributed after this date to the Protected Property by Grantees.
<br /> Furthermore, Grantor warrants the information disclosed to Grantees and NCDA&CS regarding any past violations
<br /> or non-compliance with Environmental Laws and associated remedial actions, or any past releases of Hazardous
<br /> Materials and any associated remedial actions is complete and accurate.
<br /> "Environmental Law"or"Environmental Laws"means any and all Federal, state, local or municipal laws,rules,
<br /> orders,regulations, statutes,ordinances,codes,guidelines,policies or requirements of any governmental authority
<br /> regulating or imposing standards of liability or standards of conduct(including common law)concerning air,
<br /> water, solid waste,hazardous materials,worker and community right-to-know,hazard communication noise,
<br /> radioactive material,resource protection, subdivision, inland wetlands and watercourses,health protection and
<br /> similar environmental health, safety,building and land use as may now or at any time hereafter be in effect.
<br /> "Hazardous Materials"means any petroleum,petroleum products,fuel oil,waste oils, explosives,reactive
<br /> materials,ignitable materials, corrosive materials,hazardous chemicals,hazardous wastes,hazardous substances,
<br /> extremely hazardous substances,toxic substances,toxic chemicals,radioactive materials,infections materials and
<br /> any other element, compound,mixture, solution or substance which may pose a present or potential hazard to
<br /> human health or the environment.
<br /> 5.3. Liability and Indemnification. Grantor agrees to indemnify and hold the Grantees, and the State of North Carolina
<br /> harmless from any and all cost, claims or liability, including but not limited to reasonable attorneys' fees arising
<br /> from any personal injury, accidents,negligence or damage relating to the Protected Property, or any claim thereof,
<br /> unless due to the negligence of Grantees or its agents,in which case liability shall be apportioned accordingly.
<br /> Grantor is responsible for obtaining liability insurance covering the Property with limits deemed necessary by
<br /> Grantor,in its sole discretion.
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