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<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.
<br /> Grantor agrees to indemnify and hold Grantees and the State of North Carolina harmless from any and all costs,
<br /> claims or liability, including but not limited to reasonable attorney fees arising from any personal injury, accidents,
<br /> negligence or damage relating to the Protected Property, or any claim thereof,unless due to the negligence of
<br /> Grantees or its agents,in which case liability shall be apportioned accordingly.
<br /> ARTICLE VI. MISCELLANEOUS
<br /> 6.1. Recording. Grantees shall record this instrument in a timely fashion in the official record of Orange County,North
<br /> Carolina, and may re-record it at any time as may be required to preserve the rights of the Grantees,the State, and
<br /> the United States under this Easement.
<br /> 6.2. Survival of Terms/Merger of Fee and Easement. The Grantor and Grantees agree that the terms of this Easement
<br /> shall survive any merger of this fee and easement interest in the Protected Property. In the event the Grantees
<br /> becomes owner of the Protected Property, or any portion thereof, Grantees shall transfer any right title and interest
<br /> in this Easement to a third party in accordance with sections 4.4.
<br /> 6.3. Amendment of Easement. This easement may be amended by a written instrument executed by the Grantees and
<br /> the Grantor and approved by the Commissioner of Agriculture. Any such amendment shall be consistent with the
<br /> Statement of Purpose of this Conservation Easement and with the Grantees' Conservation Easement amendment
<br /> policies, and shall comply with 26 U.S.C.§ of the Internal Revenue Code or any regulations promulgated in
<br /> accordance with that section. Any such amendment shall be recorded. Grantees shall give notice of any
<br /> amendment to and secure approval from,the North Carolina Department of Agriculture and Consumer Services
<br /> prior to signing and recordation and,must receive written consent prior to awarding the easement.
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