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<br /> 7.1. Grantor's Title Warranty. Grantor covenants, represents and warrants (i) that it is the
<br /> sole owner and is seized of the Trail Area in fee simple and has the right to grant and convey
<br /> this Easement; (ii) that there is legal access to the Trail Area; (iii) that the Trail Area is free and
<br /> clear of any and all encumbrances, except those permitted title exceptions listed on Exhibit B,
<br /> attached hereto and incorporated herein by this reference, none of which would nullify, impair
<br /> or limit in any way the terms or effect of this Easement; (iv) Grantor shall defend its title to the
<br /> Trail Area against the claims of all persons whomsoever; and (v) Grantor covenants that
<br /> Grantee, its successors and assigns, shall have the use of and enjoy all of the benefits derived
<br /> from and arising out of this Easement.
<br /> 7.2. Grantor's Environmental Warranty. Grantor knows of no release or threatened release of
<br /> any Hazardous Materials on, at, beneath or from the Trail Area, or arising from or connected
<br /> with a violation of any Environmental Laws. Grantor hereby promise to hold harmless and
<br /> indemnify 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, 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 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. 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 143B-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 VIII. MISCELLANEOUS
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