Orange County NC Website
Browse       Search
18 <br /> under the Property or used in connection therewith; (c) that there is no environmental condition <br /> existing on the Property that may prohibit or impede use of the Property for the purpose(s) set <br /> forth herein; and(d)the Grantor will not allow such uses or conditions. <br /> J. Indemnity. The Grantor agrees to the fullest extent permitted by law, to protect, <br /> indemnify and hold harmless Grantee from and against all claims, actions, liabilities, damages, <br /> fines, penalties, costs, and expenses suffered as a direct or indirect result of any violation of any <br /> federal, state, or local environmental or land use law or regulation or of the use or presence of <br /> hazardous substance, hazardous waste, or other regulated material in, on or under the Property. <br /> K. Entire Agreement. The Recitals set forth above and the exhibits, if any, attached <br /> hereto are incorporated herein by reference. This instrument, including the Grant Contract <br /> incorporated by reference herein, sets forth the entire agreement of the Parties with respect to the <br /> Project and supersedes all prior discussions, negotiations, understandings, and agreements <br /> relating to the Project. To the extent that this Conservation Easement is in conflict with the <br /> Grant Contract, the terms of the Conservation Easement shall control. <br /> L. Interpretation. This Conservation Easement shall be construed and interpreted <br /> under the laws of the State and the United States, and any ambiguities herein shall be resolved so <br /> as to give maximum effect to the conservation purposes sought to be protected herein. The <br /> normal rule of construction of ambiguities against the drafting party shall not apply in the <br /> interpretation of this Conservation Easement. Further, this Conservation Easement shall be <br /> construed to promote the purposes of the Act, which authorizes the creation of conservation <br /> agreements for purposes including those set forth herein, and such conservation purposes as are <br /> define in Section 170(h) (4) (A) of the Code. If any provision of this Conservation Easement is <br /> found to be invalid, the remainder of the provisions of this Conservation Easement, and the <br /> application of such provision to persons or circumstances other than those as to which it is found <br /> to be invalid, shall not be affected thereby. <br /> M. Parties. Every provision of this Conservation Easement that applies to the <br /> Grantor or to the Grantee or to the Fund shall likewise apply to their respective executors, <br /> administrators, successors, and assigns. <br /> N. No Extinguishment through Merger. The Parties agree that the doctrine of <br /> extinguishment by merger shall not apply to this Conservation Easement because of the public <br /> interest in its enforcement. The Parties agree that this Conservation Easement and its terms shall <br /> survive any coming together of the ownership of the fee interest in the Property and the <br /> Conservation Easement interest, and that this Conservation Easement shall not be merged into <br /> the fee interest. Further, the Parties agree that if Grantee, or any successor in interest to Grantee, <br /> acquires title to any fee interest in the Property subject to this Conservation Easement, (i) said <br /> owner shall observe and be bound by the obligations and the restrictions imposed upon the <br /> Property by this Conservation Easement, and (ii) this Conservation Easement shall not be <br /> extinguished through the doctrine of merger in any way in view of the public interest in its <br /> enforcement. <br /> O. Subsequent Liens. No provisions of this Conservation Easement shall be <br /> CWMTF CE Template,entire property,Nov.2018 13 <br /> Combined <br />