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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
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