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Agricultural Land Easement and the United States Cooperative Agreement with the Grantee after advance <br />notice to Grantee and Grantor or Grantor's representative, provided, however, in the event of an <br />emergency, the United States may enter the [Insert Defined Term for Parcel] to prevent, terminate, or <br />mitigate a potential violation of these restrictions. In the event of an emergency, notice to Grantee and <br />Grantor or Grantor's representative will be given at the earliest practicable time. <br />3. General Indemnification. Grantor shall indemnify and hold harmless the United States, its <br />employees, agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, <br />fines, fees, penalties, suits, proceedings, actions, costs of actions, or sanctions asserted by or on behalf of <br />any person or governmental authority, and other liabilities (whether legal or equitable in nature and <br />including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to <br />which Grantee and the United States may be subject or incur relating to the [Insert Defined Term for <br />Parcel], which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's <br />breach of any representation, warranty, covenant, or agreements contained in this Agricultural Land <br />Easement Deed, or violations of any Federal, State, or local laws, including all Environmental Laws. <br />4. Environmental Warranty. Grantor warrants that it is in compliance with, and shall remain in <br />compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any <br />governmental authority of any violation or alleged violation of, non - compliance or alleged non- <br />compliance with or any liability under any Environmental Law relating to the operations or conditions of <br />the [Insert Defined Term for Parcel]. Grantor further warrants that it has no actual knowledge of a release <br />or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable <br />federal and state law. <br />Moreover, Grantor hereby promises to hold harmless and indemnify Grantee and the United States <br />against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, <br />arising from or connected with the release or threatened release of any Hazardous Materials on, at, <br />beneath or from the [Insert Defined Term for Parcel], or arising from or connected with a violation of any <br />Environmental Laws by Grantor or any other prior owner of the [Insert Defined Term for Parcel]. <br />Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or <br />the United States to Grantor with respect to the [Insert Defined Term for Parcel] or any restoration <br />activities carried out by Grantee at the [Insert Defined Term for Parcel]; provided, however, that Grantee <br />shall be responsible for any Hazardous Materials contributed after this date to the [Insert Defined Term <br />for Parcel] by Grantee. <br />"Environmental Law" or `Environmental Laws" means any and all Federal, state, local or municipal <br />laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any <br />governmental authority regulating or imposing standards of liability or standards of conduct (including <br />common law) concerning air, water, solid waste, hazardous materials, worker and community right -to- <br />know, hazard communication, noise, radioactive material, resource protection, subdivision, inland <br />wetlands and watercourses, health protection and similar environmental health, safety, building and land <br />use as may now or at any time hereafter be in effect. <br />"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive <br />materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous <br />substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, <br />infectious materials and any other element, compound, mixture, solution or substance which may pose a <br />present or potential hazard to human health or the environment. <br />Page 12 of 16 <br />Attachment number 1 <br />F -7 Page 209 <br />