|
31
<br /> 17. ENVIRONMENTAL CONDITION
<br /> Grantor warrants that Grantor is in compliance with, and will remain in compliance with, all
<br /> applicable Environmental Laws (as defined herein). Grantor warrants that there are no notices by
<br /> any governmental authority of any violation or alleged violation of, noncompliance or alleged
<br /> noncompliance with, or any liability under, any Environmental Laws relating to the operations or
<br /> conditions of the Property. Grantor covenants,represents and warrants,without investigation,that
<br /> it has no actual knowledge of a release or threatened release of Hazardous Materials on the
<br /> Property in violation of applicable Environmental Laws.
<br /> "Environmental Laws" means any and all federal, state, local or municipal laws, rules, orders,
<br /> regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governing
<br /> authority regulating or imposing standards of liability or standards of conduct(including common
<br /> law) concerning air, water, solid waste, hazardous materials, worker and community right-to-
<br /> know, hazard communication noise, radioactive material, resource protections, inland wetlands
<br /> and watercourses, health protection, and similar environmental health, safety, building and land
<br /> use as may not or at any time hereafter be in effect. "Hazardous Materials"means any petroleum,
<br /> petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials,
<br /> corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, toxic
<br /> substances, toxic chemicals, radioactive materials, infectious materials and any other element,
<br /> compound, mixture, solution or substance that may pose a present or potential hazard to human
<br /> health or the environment.
<br /> 18. SEVERABILITY
<br /> Invalidity of any of the covenants, terms or conditions of this Conservation Easement, or any part
<br /> thereof,by court order or judgment shall in no way affect the validity of any of the other provisions
<br /> hereof which shall remain in full force and effect.
<br /> 19. PARTIES
<br /> Every provision of this Conservation Easement that applies to Grantor or Grantee shall also apply
<br /> to their respective heirs,executors,administrators,assigns,and all other successors as their interest
<br /> may appear.
<br /> 20. RE-RECORDING
<br /> In order to ensure the perpetual enforceability of this Conservation Easement, Grantee is
<br /> authorized to re-record this instrument or any other appropriate notice or instrument; for such
<br /> purpose, Grantor appoints Grantee as Grantor's attorney-in-fact to execute, acknowledge, and
<br /> deliver any necessary instrument on Grantor's behalf. Without limiting the foregoing, Grantor
<br /> agrees to execute any such instruments upon request.
<br /> 21. MERGER
<br /> The parties agree that, because of the public interest in the enforcement of this Conservation
<br /> 25
<br />
|