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44 <br /> Model Conservation Easement Revised <br /> If, however, after the condemnation or eminent domain proceedings, a court of <br /> jurisdiction does not include in the just compensation awarded as a result of the taking, the <br /> amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br /> any proceeds awarded. <br /> All condemnation related expenses, including reasonable attorney fees, incurred by the <br /> Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the <br /> net proceeds as described herein. <br /> 13. INTERPRETATION. This Conservation Easement shall be interpreted under <br /> the laws of North Carolina, resolving any ambiguities and questions of the validity of specific <br /> provisions as to give maximum effect to its conservation purposes. <br /> 14. INDEMNIFICATION AND INSURANCE. Grantor agrees to indemnify and <br /> hold Grantees harmless from any and all costs, claims or liability, including but not limited to <br /> reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage <br /> relating to the Property, or any claim thereof, unless due to the negligence of Grantees or their <br /> agents, in which case liability shall be as provided by law. In addition, Grantor agrees to <br /> maintain liability insurance covering the Property with the limits as follows: (i) $300,000 per <br /> person for personal injury or death,up to $300,000 per occurrence; and (ii) $300,000 per <br /> occurrence for property damage. These policy limits may be amended from time to time by <br /> written agreement of the parties to which the parties agree to be bound. Additionally, Grantor <br /> warrants that Grantees are and will remain a named insured on Grantor's Property insurance <br /> policies covering the Property. Grantor shall provide Grantees with a certificate of insurance <br /> coverage on the effective date of this Conservation Easement and within 10 days of each <br /> insurance renewal date. <br /> 15. TITLE. The Grantor warrants that they hold fee simple title to the Property, free <br /> from all encumbrances, except for those exceptions deemed by the Grantees as acceptable and <br /> set further in Exhibit D to this Conservation Easement, and hereby promise to defend the same <br /> against all claims that may be made against it. <br /> 16. NOTICES. Any notices required by this Conservation Easement shall be in <br /> writing and shall be personally delivered or sent by first class mail, to Grantors and Grantee, <br /> respectively, at the following addresses, unless a party has been notified by the other of a change <br /> of address. <br /> To Grantors: To the Grantees: <br /> Friends of Moorefields, Trustee Orange County Department of Environment, <br /> 2201 Moorefields Rd Agriculture, Parks and Recreation <br /> Hillsborough,NC 27278 Orange County,North Carolina <br /> P.O. Box 8181 <br /> Page 16 of 22 <br />