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<br /> H. Amendments. Grantor and Grantee, or their successors in interest in the Property,
<br /> are free to jointly amend this Conservation Easement to meet changing conditions,provided that
<br /> no amendment will be allowed that is inconsistent with the purposes of this Conservation
<br /> Easement or affects the perpetual duration of this Conservation Easement. Such amendments
<br /> require the prior written approval of both Grantor and Grantee and shall be effective upon
<br /> recording in the public records of Orange County,North Carolina.
<br /> I. Environmental Condition of the Property. Grantor warrants, represents, and
<br /> covenants to Grantee that to the best of its knowledge after appropriate inquiry and investigation:
<br /> (a) the Property described herein is and at all times hereafter will continue to be in full
<br /> compliance with all federal, state, and local environmental laws and regulations, (b) as of the
<br /> date hereof, there are no hazardous materials, substances, wastes, or environmentally regulated
<br /> substances (including, without limitation, any materials containing asbestos) located on, in, or
<br /> under the Property or used in connection therewith, (c)that there are no environmental
<br /> conditions existing on the Property that may prohibit or impede use of the Easement Area for the
<br /> purposes set forth herein, and(d) Grantor will not allow such conditions.
<br /> J. Indemnity. 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, expenses, and attorneys' fees suffered or incurred as a direct or indirect
<br /> result of any violation of any federal, state, or local environmental or land use law or regulation
<br /> or of the use or presence of any hazardous substance, hazardous waste, or other regulated
<br /> 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 Grant
<br /> Contract, the terms of this Conservation Easement shall control.
<br /> L. Interpretation and Severance. This Conservation Easement shall be construed and
<br /> interpreted under the laws of the State and the United States, and any ambiguities herein shall be
<br /> resolved so as to give maximum effect to the conservation purposes sought to be protected
<br /> herein. The normal rule of construction of ambiguities against the drafting parry shall not apply
<br /> in the 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 /> defined 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 provisions to persons or circumstances other than those as to which it is
<br /> found to be invalid, shall not be affected thereby and shall remain in full force and effect.
<br /> M. Parties. Every provision of this Conservation Easement that applies to Grantor or
<br /> to Grantee or to Fund shall likewise apply to their respective executors, administrators,
<br /> successors, and assigns.
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