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50 <br />perpetual duration of this Conservation Easement. Such amendment(s) require the written <br />consent of both Grantor and .Grantee and shall be effective upon recording in the public <br />records of Orange County, North Carolina. <br />G. Environmental Condition of Pro .The Grantor warrants, represents and. <br />covenants to the Grantee that to the best of its knowledge after appropriate inquiry and <br />investigation that: (a) the Property described herein is and at all times hereafter will continue <br />to be in full compliance with all federal, state and local environmental laws and regulations, <br />and (b) as of the date hereof there are no hazardous materials, substances, wastes, or <br />environmentally regulated substances (including, without limitation, any materials containing <br />asbestos) located on, in or under the Property or used in connection therewith, and that there is <br />no environmental condition exisgng an the Property that' may prohibit or impede use of the <br />Property for the purposes set forth in the Recitals and the Grantor will not allow such uses ar <br />conditions. <br />H. Entire , A~ement. This instrument sets Earth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement.. ]'f any <br />provision is found to be invalid, the remainder of the provisions of this Conservation <br />Easement; and the application of such provision to persons or circumstances other than those <br />as to which it is found to be invalid, shall not be affected thereby. The party(ies) hereto intend <br />this document to be an instrument executed under seal. If any party is an individual, <br />partnership or ]united liability company, such party hereby adopts the word "SEAL" <br />fallowing his/her signature and the name of the partnership or limited liability company as <br />hisJherrts legal seal. The Recitals set forth above and the Exhibits attached hereto are <br />incorporated hereln by reference. <br />I. Indemru The Gzantors agree to the fullest extent pemtitted by law, to <br />defend, protect, indemnify and hold harmless the State from and against all claims, actions, <br />liabilities, damages, fines, penalties, costs and expenses suffered a5 a direct or indirect result of <br />any violation of any federal, state, ar local environmental, or land use law or regulation or of <br />the use or presence of any hazardous substance, waste or other regulated material in, on or <br />under the property. . <br />J. Interpretation. This Conservation Easement shall be construed and interpreted <br />under the laws of the State of North Carolina, and any ambiguities herein shall be resolved so <br />as to give maximum effect to the conservation purposes sought to be protected herein. <br />K. Parties. Every provision of this Conservation easemern that applies to the <br />Cxrantors or to the Grantee shall likewise apply to their respective heirs, executors, <br />adininisriators, assigns, and grantees, and all other successors in interest herein. <br />L. Merger. The parties agree that the terms of this Conservation Easement shall <br />surrrtve any merger of the fee and eas~naent interest in the Property. <br />ORANGE COUNTY 99A-077 EASEMENT.DOC '121D7/9911:15 AM 7 <br />