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<br /> O ARTICLE VII , REPRESENTATIONS OF THE PARTIES
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<br /> . 1 . Grantor ' s Title Warranty . Grantor covenants , represents and warrants (1) that it is the
<br /> le owner and is seized of the Trail Area in fee simple and has the right to grant and convey
<br /> t ' 'Easement ; (ii) that there is legal access to the Trail Area; (ill) that the Trail Area is free and
<br /> cl of any and all encumbrances , except those permitted title exceptions listed on Exhibit B ,
<br /> attao eed hereto and incorporated herein by this reference , none of which would nullify , impair
<br /> or limtand
<br /> y way the terms or effect of this Easement ; (iv) Grantor shall defend its title to the
<br /> Trailainst the claims of all persons whomsoever; and (v) Grantor covenants that
<br /> Grantsuccessors and assigns , shall have the use of and enjoy all of the benefits derived
<br /> from sing out of this Easement .
<br /> 7 . 2 . Grant Environmental Warrpn1y. Grantor knows of no release or threatened release of
<br /> any Hazardous terials on, at, beneath or from the Trail Area, or arising from or connected
<br /> with a violation oony Environmental Laws . Grantor hereby promises 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 or its agents of Hazardous Materials on, at, beneath or from the Trail Area, or
<br /> arising from or connect ith a violation by Grantor or its agents of any Environmental Law .
<br /> "Environmental Lam"r "Environmental Laws " means any and all Federal , state , local or
<br /> municipal laws rules orders ulations statutes ordinances codes guidelines, policies. .p , gu , or
<br /> requirements of any governmeRW authority regulating or imposing standards of liability or
<br /> standards of conduct (including (ammon law) concerning air, water, solid waste, hazardous
<br /> materials , worker and commumtyvt � h protection
<br /> hazard communication noise , radioactive
<br /> material , resource protection, subdii n, inland wetlands and watercourses , health
<br /> and similar environmental health, sa ty , building and land use as may now or at any time
<br /> hereafter be in effect . 6
<br /> "Hazardous Materials " means any roleum, petroleum products, fuel oil , waste oils ,
<br /> explosives, reactive materials ignitable mat is corrosive materials hazardous chemicals
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<br /> hazardous wastes , hazardous substances , extriely hazardous substances , toxic substances , toxic
<br /> chemicals , radioactive materials , infectious mat ' als and any other element, compound, mixture ,
<br /> solution or substance which may pose a present tential hazard to human health or the
<br /> environment.
<br /> 7 . 3 . Liabili1y , Grantor has entered into this Easement in order to make the Trail Area
<br /> available to the public for recreational and educational poses as contemplated by Chapter 38A
<br /> and Section 143B435 . 118 of the North Carolina Generalvlatutes and therefore is afforded the
<br /> statutory limitations upon liability of an " owner" under thoje provisions as they may be amended
<br /> from time to time . X01 N
<br /> ARTICLE VIII, MISCELLAN US
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