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<br />3. Liability and, Indemnification. Grantee, its assigns and successors, shall,
<br />to the extent permitted by law, indemnify and hold Grantors harmless
<br />from any li~~bility, damage, loss, cost or expense, including reasonable
<br />attorney fees, for personal injury or property damage (including damage to
<br />the Easement Area) to Grantors or any third party, resulting in any manner
<br />from Granter,'s exercise of any of its rights hereunder, except to the extent
<br />the liability, damage, loss, cost or expense arises from the negligence or
<br />willful miscc-nduct of Grantor. However, the State of North Carolina as an
<br />assignee of Grantee's interest in this Conservation Easement shall be held
<br />harmless frc»m any liability, damage, loss, cost or expense, including
<br />reasonable atorney fees, for personal injury or property damage, unless the
<br />State of North Carolina has committed a deliberate act that is detemuned
<br />to be the sole; cause of the injury or damage.
<br />D. Conservation Purxr ose.
<br />1. Grantor and Grantee, for itself, its successors and assigns, agrees that this
<br />Conservation Easement shall be held exclusively for conservation
<br />purposes set forth by the Grant Agreement, this Conservation Easement
<br />and as specii red in Section 170(h)(4)(A).
<br />2. The Parties recognize and agree that the proposed New Hope Creek
<br />Greenway le Gated within the Easement Area will be open for public entry
<br />and use, and shall be open to entry and use equally by all persons,
<br />regardless of"race, color, creed, national origin, or residence, subject to
<br />reasonable published and posted rules governing use of the Easement Area
<br />by the Grant ae, its successors and assigns, as approved by the Fund, and
<br />consistent w ith the conservation purposes provided by this Conservation
<br />Easement.
<br />3. This Conser/ation Easement shall be construed to promote the purposes of
<br />the North C~~rolina enabling statute set forth in N.C.G.S. 121-34 et ~.
<br />which autho-sizes the creation of Conservation Easements for purposes
<br />including those set forth in the Recitals herein, and the conservation
<br />purposes of ~ his Conservation Easement, including such purposes as are
<br />defined in S~ motion 170(h)(4)(A) of the Internal Revenue Code.
<br />E. Recording. Gra itee shall record this instrument and any amendment hereto in
<br />timely fashion in the official records of Orange and Durham Counties, North Carolina, and
<br />may re-record it at any time as n xay be required to preserve Grantee's rights.
<br />F. Notices. All notices, requests or other communications permitted or required
<br />by this Agreement shall be sent by registered or certified mail, return receipt requested,
<br />addressed to the parties ~s set fc rth above, or to such other addresses such party may establish
<br />in writing to the other. All surh items shall be deemed given or made three (3) days after
<br />being placed in the United States mail as herein provided. In any case where the terms of this
<br />Conservation Easement require the consent of any party, such consent shall be requested by
<br />written notice. Such consent ~ hall be deemed denied unless, within ninety (90) days after
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