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<br />NCLWF Property CE Template – rev. Oct 2023 <br />14 of 18 <br /> <br /> <br />defending itself, unless Grantee has committed a deliberate act that is <br />determined to be the sole cause of the injury or damage. <br /> <br /> E. Conservation Purpose. Grantor and Grantee, each for itself, and its respective <br />successors and assigns, agree that this Conservation Easement shall be held exclusively for <br />conservation purposes set forth by the Grant Contract, this Conservation Easement and as <br />specified in Section 170(h)(4)(A) of the Code. Further, this Conservation Easement shall be <br />construed to promote the purposes of the Act and such purposes of this Conservation Easement <br />as are defined in Section 170(h)(4)(A) of the Code. <br /> <br /> F. Recording. Grantee shall record this instrument and any amendment hereto in the <br />official records of Orange County, North Carolina, and may re-record it at any time as may be <br />required to preserve Grantee's rights. <br /> <br /> G. Notices. Any notices shall be sent by registered or certified mail, return receipt <br />requested, to the Parties at their addresses shown below, and each Party may update its <br />information by a notice sent in accordance with this Paragraph: <br /> <br />If to Grantee: If to Grantor: <br />State of North Carolina Orange County <br />NC Land and Water Fund PO Box 8181 <br />1651 Mail Service Center Hillsborough, NC 27278 <br />Raleigh, NC 27699-1651 <br />Attn: Stewardship <br /> <br /> H. Amendments. Grantor and Grantee, or their successors in interest in the Property, <br />are free to jointly amend this Conservation Easement, provided that no amendment will be <br />allowed that is inconsistent with the purposes of this Conservation Easement or affects the <br />perpetual duration of this Conservation Easement. Such amendments require the prior written <br />approval of both Grantor and Grantee and shall be effective upon recording in the public records <br />of Orange County, North Carolina. <br /> <br /> I. Environmental Condition of the Property. Grantor warrants, represents, and <br />covenants to Grantee that to the best of its knowledge after appropriate inquiry and investigation: <br />(a) the Property described 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, without limitation, any materials containing asbestos) located on, in, or <br />under the Property or used in connection therewith, (c) there are no environmental conditions <br />existing on the Property that may prohibit or impede use of the Property for the purposes set <br />forth herein, and (d) Grantor will not allow such conditions. <br /> <br /> J. Indemnity. Grantor agrees to the fullest extent permitted by law, to protect, <br />indemnify, and hold harmless Grantee from and against all claims, actions, liabilities, damages, <br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E