OTHER-2024-091-Deed of Conservation Easement for Circular Design Construction, LLC

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BK 6866 PG 703 DOC# 30111878 If,however, after the condemnation or eminent domain proceedings, a court of jurisdiction does not include in the just compensation awarded as a result of the taking, the amount of the Conservation Easement value, then the Grantor shall not be responsible to share any proceeds awarded. All condemnation related expenses, including reasonable attorney fees, incurred by the Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the net proceeds as described herein. 13. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of North Carolina,resolving any ambiguities and questions of the validity of specific provisions as to give maximum effect to its conservation purposes. 14. INDEMNIFICATION AND INSURANCE. Grantor agrees to indemnify and hold Grantees harmless from any and all costs,claims or liability,including but not limited to reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantees or their agents, in which case liability shall be as provided by law. In addition,Grantors agree to maintain liability insurance covering the Property with the limits as follows: (i)$300,000 per person for personal injury or death, up to $300,000 per occurrence; and(ii)$300,000 per occurrence for property damage; and warrant that Grantee is and will remain a named insured on Grantor's Property insurance policies covering the Property. Grantors shall provide Grantee with a certificate of insurance coverage on the effective date of this Conservation Easement and within 10 days of each insurance renewal date. 15. TITLE. The Grantor warrants that they hold fee simple title to the Property, free from all encumbrances, except for those exceptions deemed by the Grantee as acceptable and set further in Exhibit C to this Conservation Easement,and hereby promise to defend the same against all claims that may be made against it. 16. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or sent by first class mail,to Grantor and Grantee,respectively,at the following addresses, unless a party has been notified by the other of a change of address. To Grantor: To the Grantee: Circular Design Construction, LLC Orange County Department of Environment, c/o Jodi Bakst Agriculture, Parks and Recreation 115 Cofield Circle_ Orange County, North Carolina Durham,NC 27707 P.O. Box 8 181 Hillsborough, NC 27278 17. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property. Page 12 of 17