Orange County NC Website
21 <br /> "Environmental Law" or`Environmental Laws"means any and all Federal, state, <br /> local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, <br /> policies or requirements of any governmental authority regulating or imposing standards of <br /> liability or standards of conduct(including common law) concerning air, water, solid waste, <br /> hazardous materials, worker and community right-to-know, hazard communication,noise, <br /> radioactive material, resource protection, subdivision, inland wetlands and watercourses, health <br /> protection and similar environmental health, safety, building and land use as may now or at any <br /> time 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 /> Grantors warrant that they are in compliance with and shall remain in compliance with, <br /> all applicable Environmental Laws. Grantors warrant that there are no notices by any <br /> governmental authority of any violation or alleged violation of, non-compliance or alleged non- <br /> compliance with or any liability under any Environmental Law relating to the operations or <br /> conditions of the Property. <br /> Grantors warrant that they have no actual knowledge of a release or threatened release of <br /> any Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. <br /> Moreover, Grantors hereby promise to indemnify and hold harmless the Grantee against all <br /> costs, claims, demands, penalties and damages, including reasonable attorney fees, arising from <br /> or connected with the release or threatened release of any Hazardous Materials on, at,beneath or <br /> from the Property, or arising from or connected with a violation of any Environmental Laws by <br /> Grantor or any other prior owner of the Property. Grantors' indemnification obligation shall not <br /> be affected by any authorizations provided by Grantee to Grantors with respect to the Property or <br /> any restoration activities carried out by Grantee at the Property; provided, however, that Grantee <br /> shall be responsible for any Hazardous Materials contributed by Grantee to the Property after the <br /> date of this Deed of Conservation Easement. <br /> 33. Entire Agreement <br /> This instrument sets forth the entire agreement of the parties with respect to the Conservation <br /> Easement and supersedes all prior discussions, negotiations, and understandings or agreements <br /> relating to the said easement. <br /> 34. Recording Clause <br /> Grantee shall record this instrument and any amendment hereto in timely fashion with the <br /> Office of the Register of Deeds of Orange County,North Carolina, and may re-record it at any <br /> time as may be required to preserve its rights under this Conservation Easement. <br /> Page 16 of 21 <br />