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If to Grantee : If to Grantor .
<br /> Orange County c/o DEAPR Friends of Moorefields
<br /> P . O . Box 8181 2201 Mooref elds Road
<br /> `\ illsborough, NC 27278 Hillsborough, NC 272784
<br /> 0
<br /> H . Amendments . Grantor and Grantee , or their successors in interest in the Property ,
<br /> are f� to jointly amend this Conservation Easement to meet changing conditions , provided that
<br /> no amen ment will be allowed that is inconsistent with the purposes of this Conservation
<br /> Easem or affects the perpetual duration of this Conservation Easement . Such amendments
<br /> require t rior written approval of both Grantor and Grantee and shall be effective upon
<br /> recording he public records of Orange County , North Carolina.
<br /> I , vironmental Condition of the Pro e . Grantor warrants , represents, and
<br /> covenants to Gr Zwribed
<br /> e that to the best of its knowledge after appropriate inquiry and investigation :
<br /> (a) the Property 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 , w ' hout limitation, any materials containing asbestos) located on, in, or
<br /> under the Property or u in connection therewith, (c) that there are no environmental
<br /> conditions existing on th operty that may prohibit or impede use of the Easement Area for the
<br /> purposes set forth herein, ) Grantor will not allow such conditions .
<br /> J . Indemnity. Grail� r agrees to the fullest extent permitted by law, to protect,
<br /> indemnify , and hold harmless G aitee from and against all claims, actions , liabilities , damages ,
<br /> fines , penalties , costs , expenses , abd. attorneys ' fees suffered or incurred as a direct or indirect
<br /> result of any violation of any federk� ss te, or local environmental or land use law or regulation
<br /> or of the use or presence of an hazardous substance , hazardous waste or other regulated
<br /> p Y � g
<br /> material in, on, or under the Property .
<br /> K . Entire Agreement. The Recce s set forth above and the exhibits, if any , attached
<br /> hereto are incorporated herein b reference . is instru u
<br /> rp y � instrument, including the Grant Contract
<br /> incorporated by reference herein, sets forth thOntire agreement of the Parties with respect to the
<br /> Project and supersedes all prior discussions , ne • �t ' ations , understandings , and agreements
<br /> relating to the Project . To the extent that this Corte ation Easement is in conflict with the Grant
<br /> Contract, the terms of this Conservation Easement hall control .
<br /> L . Interpretation and Severance . This Conservation Easement shall be construed and
<br /> interpreted under the laws of the State and the United St , and any ambiguities herein shall be
<br /> resolved so as to give maximum effect to the conservatioRturposes sought to be protected
<br /> herein . The normal rule of construction of ambiguities agaigt the drafting party shall not apply
<br /> in the interpretation of this Conservation Easement . Further, Conservation Easement shall be
<br /> construed to promote the purposes of the Act, which authorizeyte creation of conservation
<br /> agreements for purposes including those set forth herein, and su conservation purposes as are
<br /> defined in Section 170 (h) (4 ) (A) of the Code . If any provision of ' Conservation Easement is
<br /> found to be invalid, the remainder of the provisions of this Conse ' n Easement, and the
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