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"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules,
<br />orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority
<br />regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water,
<br />solid waste, hazardous materials, worker and community right -to -know, hazard communication noise, radioactive
<br />material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar
<br />environmental health, safety, building and land 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 materials,
<br />ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely
<br />hazardous substances, toxic substances, toxic chemicals, radioactive materials, infections materials and any other
<br />element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or
<br />the environment.
<br />5.3. Liability and Indemnification. Grantor agrees to indemnify and hold the Grantee, and the State of North Carolina
<br />harmless from any and all cost, claims or liability, including but not limited to reasonable attorneys' fees arising
<br />from any personal injury, accidents, negligence or damage relating to the Protected Property, or any claim thereof,
<br />unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly.
<br />Grantor is responsible for obtaining liability insurance covering the Property with limits deemed necessary by
<br />Grantor, in its sole discretion.
<br />Grantor agrees to indemnify and hold Grantee and the State of North Carolina harmless from any and all costs,
<br />claims or liability, including but not limited to reasonable attorney fees arising from any personal injury, accidents,
<br />negligence or damage relating to the Protected Property, or any claim thereof, unless due to the negligence of
<br />Grantee or its agents, in which case liability shall be apportioned accordingly.
<br />ARTICLE VI. MISCELLANEOUS
<br />6.1. Recording. Grantee shall record this instrument in a timely fashion in the official record of County,
<br />North Carolina, and may re-record it at any time as may be required to preserve the rights of the Grantee, the State,
<br />and the United States under this Easement.
<br />6.2. Survival of Terms/Merger of Fee and Easement. The Grantor and Grantee agree that the terms of this Easement
<br />shall survive any merger of this fee and easement interest in the Protected Property. In the event the Grantee
<br />becomes owner of the Protected Property, or any portion thereof, Grantee shall transfer any right title and interest in
<br />this Easement to a third party in accordance with sections 4.4.
<br />6.3. Amendment of Easement. This easement maybe amended by a written instrument executed by the Grantee and the
<br />Grantor and approved by the Commissioner of Agriculture. Any such amendment shall be consistent with the
<br />Statement of Purpose of this Conservation Easement and with the Grantee's Conservation Easement amendment
<br />policies, and shall comply with 26 U.S.C.§ ofthe Internal Revenue Code or any regulations promulgated in
<br />accordance with that section. Any such amendment shall be recorded. Grantee shall give notice of any amendment
<br />to and secure approval from, the North Carolina Department of Agriculture and Consumer Services prior
<br />to signing and recordation and, must receive written consent prior to awarding the easement.
<br />Attachment number 2 \n
<br />F-10 Page 244
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