Orange County NC Website
21 <br /> 6.10. Notices. Any notices required by this Easement shall be in writing and shall be personally delivered or sent by <br /> first class mail to the Grantor, Grantees,NCDA&CS,respectively, at the following address,unless a party has been <br /> notified in writing by the other of a change of address. <br /> To the Grantor: To the Grantees: To the State of North Carolina: <br /> Jane Gledhill Orange County N.C. Dept. of Agriculture&Consumer Services <br /> 1319 Carr Store Road DEAPR NCADFP Trust Fund <br /> Cedar Grove,NC 27231 Post Office Box 8181 2 West Edenton Street <br /> Hillsborough,NC 27278 Raleigh,NC 27601 <br /> AND <br /> Eno River Association <br /> 4404 Guess Road <br /> Durham,NC 27712 <br /> 6.11.Approval by Grantees. In any case where the terms of this Easement require the approval of the Grantees,unless <br /> otherwise stated herein, such approval shall be requested in writing to the Grantees,and the NCDA&CS if <br /> required,in accordance with section 6.11. In any provision of this Easement in which the Grantor is required to <br /> provide advance notice to the Grantees of any activity on the Protected Property, such notice shall be given not less <br /> than thirty(30) calendar days prior to the planned commencement of the activity. If the Grantees' approval is <br /> required, such approval shall be deemed withheld/disapproved unless Grantees provides to the Grantor written <br /> notice of approval within 30 calendar days of receipt of said request. If Grantor has received no response after said <br /> 30 calendar days,Grantor may send a second written notice to Grantees requesting a statement of the reasons for <br /> the disapproval and the Grantees shall respond within 30 calendar days with an explanation for the specific reasons <br /> and basis for its decision to disapprove. <br /> 6.12.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and <br /> supersedes all prior discussions,negotiations,understandings or agreements relating to the Easement. If any <br /> provision is found to be invalid,the remainder of the provisions of this Easement,and the application of such <br /> provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected <br /> thereby. <br /> 6.13.Availability or Amount of Tax Benefits. Grantees and NCDA&CS, acting by and through NCADFP Trust Fund <br /> make no warranty,representation or other assurance regarding the availability, amount or effect of any deduction, <br /> credit or other benefit to Grantor or any other person or entity under United States or any state, local or other tax <br /> law to be derived from the donation of this Easement or other transaction associated with the donation of this <br /> Easement. This donation is not conditioned upon the availability or amount of any such deduction, credit or other <br /> benefit. Grantees and NCDA&CS make no warranty,representation or other assurance regarding the value of this <br /> Easement or of the Protected Property. As to all of the foregoing, Grantor is relying upon Grantor's own legal <br /> counsel, accountant,financial advisor, appraiser or other consultant and not upon Grantees or NCDA&CS or any <br /> legal counsel, accountant, financial advisor,appraiser or other consultant of Grantees or NCDA&CS. In the event <br /> of any audit or other inquiry of a governmental authority into the effect of this donation upon the taxation or <br /> financial affairs involving Grantor or Grantor's heirs, successors or assigns or other similar matter then Grantees <br /> and NCDA&CS shall be reimbursed and indemnified for any cost or expense of any kind or nature whatsoever <br /> incurred by Grantees in responding or replying thereto. <br /> 15 <br />