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18 <br /> right of enforcement under any authority available under State or Federal law if Grantees fails to enforce any of the <br /> terms of this Conservation Easement, as determined in the sole discretion of the Commissioner. <br /> The State of North Carolina shall have the right to recover any and all administrative and legal costs from the <br /> Grantees,including attorney's fees or expenses associated with any enforcement or remedial action as it relates to <br /> the enforcement of this Easement. <br /> In the event that Grantees fails to enforce any of the terms of this Conservation Easement, as determined in the sole <br /> discretion of the Commissioner of Agriculture for North Carolina,the said Commissioner of Agriculture and his or <br /> her successors and assigns shall have the right to enforce the terms of the Easement through any and all authorities <br /> available under Federal or State law. In the event that Grantees attempt to terminate,transfer, or otherwise divest <br /> itself of any rights,title, or interests of this Easement without the prior consent of the Commissioner of Agriculture <br /> and payment of consideration to the State of North Carolina,then, at the option of the Commissioner of <br /> Agriculture, all right,title, and interest in the Easement shall become vested in the State of North Carolina. <br /> ARTICLE V. REPRESENTATIONS OF THE PARTIES <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 /> 12 <br />