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<br /> Model Conservation Easement Revised
<br /> Hillsborough,NC 27278
<br /> AND
<br /> Eno River Association
<br /> 4404 Guess Rd.
<br /> Durham,NC 27712
<br /> 17. ENVIRONMENTAL CONDITION.
<br /> The Grantor covenants and represents that it knows of no release or threatened release of
<br /> any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with
<br /> a violation of any Environmental Laws. The Grantor hereby promises to hold harmless and
<br /> indemnify the Grantee against all litigation, claims, demands,penalties and damages, including
<br /> reasonable attorneys' fees, arising from or connected with the release or threatened release by
<br /> Grantor, its agents, assigns, and guests, of any Hazardous Materials on, at,beneath or from the
<br /> Property, 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
<br /> or 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 /> 18. SEVERABILITY. If any provision of this Conservation Easement is found to be
<br /> invalid, the remaining provisions shall not be altered thereby.
<br /> 19. PARTIES. Every provision of this Conservation Easement that applies to the
<br /> Grantor or Grantees shall also apply to their respective heirs, executors, administrators, assigns,
<br /> and all other successors as their interest may appear. This Conservation Easement shall not be
<br /> construed to benefit or to create any rights in any third parties, including but not limited to the
<br /> general public except as expressly provided herein.
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