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<br /> 4. Restoration; Reimbursement. Following completion of the Permitted Activities, to the
<br />extent practical, Grantee shall restore the Access Area to substantially the same condition as existed
<br />immediately preceding such Permitted Activities in accordance with generally accepted landscaping
<br />practices. Grantee shall initially be responsible for the actual costs and expenses incurred by Grantee in
<br />connection with the Permitted Activities.
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<br />5. Force Majeure Extension. Notwithstanding the expiration date set forth herein, the Grantor
<br />and the Grantee shall have the right and option to extend the term of this easement for a reasonable period
<br />of time as a result of any prevention, delay or stoppage due to strikes, lockouts, labor disputes, weather
<br />delays, acts of God, acts of war, terrorism, terrorist activities, delays or inability to obtain services, labor,
<br />or materials or reasonable substitutes therefore, governmental actions, governmental permitting, court
<br />orders, civil commotions, fire, flood, earthquake or other casualty, and other causes beyond the reasonable
<br />control of Grantee (collectively, a “force majeure”).
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<br />6. Indemnification. Grantor hereby agrees to indemnify, defend, and hold harmless the
<br />Grantee from and against and all claims, demands, liabilities and acts arising out of the use and enjoyment
<br />of this Right of Access caused by Grantor, and its invitees, contractors, employees and agents.
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<br />7. Insurance. Prior to entry onto the Property, Grantee will obtain and shall maintain or cause
<br />to be maintained in full force and effect its typical commercial insurance.
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<br /> 8. Release. In exchange for the valuable consideration of _one dollar_the Grantor shall
<br />release, indemnify, hold harmless, and upon Grantee's request, defend Grantee, its employees, agents,
<br />assigns or contractors, from any and all claims, actions, damages, liability and expense whatsoever,
<br />including without limitation Attorneys' fees and costs, in connection with the collection, disturbance, or
<br />transportation of _soil samples_ collected, disturbed, or transported on or from the Property as a result of
<br />the Permitted Activities upon any portion of the Property. The provisions of this Paragraph shall survive
<br />the expiration or termination of this Agreement.
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<br />9. Binding Effect. All provisions of this Right shall inure to the benefit of and be binding
<br />upon the heirs, assigns, successors and personal representatives of the parties hereto. The rights and licenses
<br />and the covenants, agreements, rights, benefits and obligations set forth in this Right shall endure for the
<br />duration of this Right and any extension thereof as provided herein, and be binding upon, and inure to the
<br />benefit of, the owners of the Property, in accordance with and subject to the terms and conditions set forth
<br />herein.
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<br />10. Severability. If any of the covenants, conditions or terms of this Right shall be found void
<br />or unenforceable for any reason whatsoever by any court of law or of equity, then every other covenant,
<br />condition, restriction or term contained herein shall remain valid and binding.
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<br />11. Enforcement of Restrictions. Grantor and Grantee, and their respective successors and
<br />assigns, shall each have the authority to enforce this Right against any person or persons violating or
<br />attempting to violate the same and may enter proceedings at law or in equity to restrain a violation of the
<br />restrictions contained herein.
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<br /> 12. Captions; Singular, Plural and Gender. The section headings are intended for convenience
<br />only and shall not be construed with any substantive effect in this Right. Words used herein shall be deemed
<br />to include the singular and plural and any gender as the context requires.
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<br /> 13. Governing Law. This Right shall be governed by and enforced in accordance with the laws
<br />of the State of North Carolina, without regard to its principles of conflicts of laws.
<br />Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB
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