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<br /> Grantors, their agents, assigns, and guests, of any Hazardous Materials on, at, beneath or from
<br /> the Trail Area, or arising from or connected with a violation of any Environmental Law.
<br /> "Environmental Law" or`Environmental Laws"means any and all Federal, state, local or
<br /> municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
<br /> requirements of any governmental authority regulating or imposing standards of liability or
<br /> standards of conduct(including common law) concerning air, water, solid waste, hazardous
<br /> materials, worker and community right-to-know, hazard communication noise, radioactive
<br /> material, resource protection, subdivision, inland wetlands and watercourses, health protection
<br /> and similar environmental health, safety, building and land use as may now or at any time
<br /> hereafter be in effect.
<br /> "Hazardous Materials"means any petroleum, petroleum products, fuel oil, waste oils,
<br /> explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
<br /> hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
<br /> chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
<br /> solution or substance which may pose a present or potential hazard to human health or the
<br /> environment.
<br /> 7.3. Liabilily. Grantors have entered into this Easement in order to make the Trail Area
<br /> available to the public for recreational and educational purposes as contemplated by Chapter 38A
<br /> and Section 14313-135.118 of the North Carolina General Statutes and therefore is afforded the
<br /> statutory limitations upon liability of an "owner"under those provisions as they may be amended
<br /> from time to time.
<br /> ARTICLE VIIL MISCELLANEOUS
<br /> 8.1. Recording. Grantee shall record this instrument in a timely fashion in the official record
<br /> of Orange County,North Carolina, and may re-record it at any time as may be required to
<br /> preserve the rights of the Grantee.
<br /> 8.2. Survival of Terms/Merger of Fee and Easement. Grantors and Grantee agree that the
<br /> terms of this Easement shall survive any merger of this fee and easement interest in the Trail
<br /> Area. In the event Grantee becomes owner of the Trail Area, or any portion thereof, Grantee
<br /> shall transfer its rights title and interest in this Easement to a third parry in accordance with
<br /> sections 6.4.
<br /> 8.3. Amendment of Easement. This Easement may be amended only with the written consent
<br /> of the Grantors and Grantee. Any such amendment shall be consistent with the purposes of this
<br /> Easement and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations
<br /> promulgated in accordance with that section. Any such amendment shall also be consistent with
<br /> the Uniform Conservation and Historic Preservation Agreements Act,N.C.G.S. Section 121-34
<br /> et seq., or any regulations promulgated pursuant to that law. The Grantors and Grantee have no
<br /> right or power to agree to any amendment that would affect the enforceability of this Easement.
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