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Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997 <br />22 <br />W I T N E S S E T R: <br />NOW, THEREFORE, for and in conSide.r.ation of the covenant;s <br />hereinafter made, Orange County and Barber & Ross agree as <br />follows: <br />1. Orange County will enter into agreements with Norfolk- <br />Southern Railway Company and the North Carolina Railroad which <br />enable Lhe crossing of the railroad right-of-way for the Efland <br />Area Sewer System in a manner which provide, an immediate <br />ability to connect the Barber & Ross Company with the 8fland <br />Area Sewer System and enables a later upgrade of sewer system <br />facilities crossing the railroad right-of-way to provide for the <br />connection of the Buckhorn Road Economic Development District: <br />area to the Efland Area Sewer System, all consistent with North <br />Carolina law. These agreements will be in substantially the form <br />of Exhibits 8 and C hereto. <br />2. Barber & Rossi agrees to hold Orange county harmless <br />and indemnify Orange County against loss in the event of a claim <br />arising from any matter covered by the agreements between orange <br />Courity and Norfolk-Southern Railway Company and the North <br />Carolina Railroad TO THE EXTENT AND ONLY TO THE EXTENT of a <br />policy or policies of insurance procured and maizit.aincd by <br />Barber & Ross, naming Norfolk-Southern Railway Company, the <br />North Carolina Railroad and Orange County, its public officials,