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Grantor, their agents , assigns , and guests , of any Hazardous Materials on, at, beneath or from the
<br /> 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 rightAo -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 . Liability . Grantor has 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 143B435 . 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 VIII. 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 . Grantor 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 party 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 Grantor 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 Grantor 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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