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39 <br />C. Recording. State shall record this instrument and any amendment hereto in timely <br />fashion in the ofbcial records of Orange County, North Carolina, and may re-record it at any time <br />as may be required to preserve its rights or the rights and interests of the State. <br />D. Notices. All notices, requests or other communications pemautted or required by this <br />Agreement shall be sent by registered or certified mail, return receipt requested, addressed to the <br />parties as set forth above, or to such other addresses such party may establish in writing to the <br />other. All such items shall be deemed given, or made three (3) days after being placed in the United <br />States mail as herein provided. In any case, where the temis of these Restricdve Covenants require <br />the consent of any party, such consent shall be requested by written notice. Such consent shall be <br />deemed denied unless, within ninety (9A) .days after receipt of notice, a written notice of approval <br />and the reason therefore has been mailed to the party requesting consent, <br />E. Amendments. Grantor shall not amend these Restrictive Covenants except with the <br />consent of the State. Any amendment(s) shall be effective upon recording in the public records of <br />Orange County, North Carolina. <br />F. Environmental Condition of Pro The Grantor warrants, represents and <br />covenants to the State that to the best of its knowledge after appropriate inquiry and investigation <br />that: (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, and (b) as of the <br />date hemof there are no hazardous materials (including without limitation any materials) containing <br />asbestos) located on, in or under the Property or used in connection therewith, and that there is na <br />environmental condition existing on the Property that may prohibit or impede use of the Property <br />for the purposes set forth herein and that Grantor will not allow any such uses or conditions. <br />G. Entire A ent. This instrument and the Conservation Easement sets forth the <br />entire agreement of the parties with respect to the Restrictive Covenants and supersedes all prior <br />discussions, negotiations, understandings or agreements relating to the Restrictive Covenants. If <br />any provision; or portion thereof, is found to be invalid, the remainder of the provisions of these <br />Restrictive Covenants and portions thereof, and the application of such provision and 'portion <br />thereof to persons or circumstances other than those as to which it is found to be invalid, shall not <br />be affected hereby, and shall be .fully valid and enforceable to the fullest extent and duration <br />allowed by applicable law. The party(ies) hereto intend this document to be an instrument executed <br />under seal. if any party is an individual, patnership or limited liability company, such party hereby <br />adopts the word "SEAL" following his/her signature and, the name of the partnership or limited <br />liability company as his/her/its legal seal..The Recitals set forth above and the Exhibits attached <br />hereto are incorporated herein by reference. <br />H. Indemnity. The Grantor agrees to the fullest extent permitted by law, to defend, <br />protect, indemnify and hold harmless the State from and against all claims, actions, liabilities, <br />damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any violation <br />of any federal, state, or local environmental or land use law or regulation or of the use or presence <br />of any hazardous substance, waste or other regulated material in, on or under the Property. <br />