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reasonable attorneys fees, arising from or connected with the release or threatened release of
<br />any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or
<br />connected with a violation of any Environmental Laws by Grantor or any other prior owner of
<br />the Protected Property. Grantor's indemnification obligation shall not be affected by any
<br />authorizations provided by Grantee to Grantor with respect to the Protected Property or any
<br />restoration activities carried out by Grantee at the Protected Property; provided, however, that
<br />Grantee shall be responsible for any Hazardous Materials contributed after this date to the
<br />Protected Property by Grantee.
<br />Furthermore, Grantor warrants the information disclosed to Grantee and United States (-
<br />regarding any past violations or non-compliance with Environmental Laws and assn jat
<br />remedial actions, or any past releases of Hazardous Materials and any associatevi
<br />actions is complete and accurate. \41J
<br />Due to the State's interest in this Agricultural Land Easement, the Grantor h� y promises to
<br />hold harmless and indemnify the NCDA&CS against all litigation, claimsyemands, penalties
<br />and damages, including reasonable attorneys fees, arising from or c6nftect' with the release
<br />or threatened release of any Hazardous Materials on, at, benea or;ro$s the Protected
<br />Property, or arising from or connected with a violation of any viron rental Laws by Grantor
<br />or any other prior owner of the Protected Property.
<br />"Environmental Law" or "Euviromnental Laws" mean ri nd all federal, state, local or
<br />municipal laws, rules, orders, regulations, stamt o nces, codes, guidelines, policies or
<br />requirements of any governmental authority re or imposing standards of liability or
<br />standards of conduct (including common law n emmg air, water, solid waste, hazardous
<br />materials, worker and community right -to- oo zard communication noise, radioactive
<br />material, resource protection, subdivisE,r�i' I'gud wetlands and watercourses, health protection
<br />and similar environmental health,dfe adding and land use as may now or at any time
<br />hereafter be in effect. (\y
<br />"Hazardous Materials" me sung petroleum, petroleum products, fuel oil, waste oils,
<br />explosives, reactive terials, table materials, corrosive materials, hazardous chemicals,
<br />hazardous wastes, haza substances, extremely hazardous substances, toxic substances,
<br />toxic chemicals, rat a materials, infectious materials and any other element, compound
<br />mixture, solution or ubstance which may pose a present or potential hazard to human health
<br />or the envie ant.
<br />5.3. Gen 'A claimer Grantor Warranty, Liability and Indemnification. The United States, its
<br />=key"
<br />oys, gents, and assigns disclaim and will not be held responsible for Grantee's or
<br />Gran negligent acts or omissions or Grantee's or Grantor's breach of any representation,
<br />ty, covenant, or agreements contained in this ALE, or violations of any federal, state or
<br />l al laws, including all Environmental Laws including, without limitation, those that give rise
<br />to liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits,
<br />proceedings, actions, costs of actions, or sanctions asserted by or on behalf of any person or
<br />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
<br />appeal) to which the United States may be subject or incur relating to the Protected Property.
<br />Grantor agrees to indemnify and hold the Grantee, the State of North Carolina and the United
<br />States harmless from any and all costs, claims or liability, including but not limited to
<br />reasonable attorney's fees arising from any personal injury, accidents, negligence or damage
<br />F-7 Page 156
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