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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. Grantor is
<br />responsible for obtaining liability insurance covering the Protected Property with limits
<br />deemed necessary by Grantor, in their sole discretion.
<br />Grantor must inderrrnify, and hold harmless the United States, its employees, agents, and
<br />assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees,
<br />penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of
<br />any person or governmental authority, and other liabilities (whether legal or equitable in nature
<br />and including, without limitation, court costs, and reasonable attorneys fees and attomees
<br />on appeal) to which Grantee may be subject or incur relating to the Protected Pmpe w77deh
<br />may arise from, but are not limited to, Grantor's negligent acts or omissions or CsworV
<br />breach of any representation, warranty, covenant or agreement contained in tk ulmral
<br />Land Easement, or violations of any federal, state, or local laws, including all tronmenml
<br />Laws. ��
<br />Due to the State's interest in this Agricultural Land Easement, Gra�[ etes to indemnify
<br />and hold Grantee and the State of North Carolina harmless fro an arl all costs, claims or
<br />liability, including but not limited to reasonable attorney's fe 's ri ing from any personal
<br />injury, accidents, negligence or damage relating to the Protected Property, or any claim
<br />thereof, unless due to the negligence of Grantee or its age in which case liability shall be
<br />apportioned accordingly. �J
<br />ARTICLE VI. MIS
<br />EGIT$
<br />6.1. Recordine. Grantee shall record this inat ,Ni timely fashion in the official record of
<br />County, North Carolina, anr-record it at any time as may be required to
<br />preserve the rights of the Grantee to p of North Carolina and the United States under this
<br />Agricultural Land Easement.
<br />fi .2. Survival of Tenns/Mer ert
<br />.L.Pq and Easement. The Grantor and Grantee agree that the
<br />terms of this AC icu] 1 La ol asement shall survive any merger of this fee and easement
<br />interest in the Protect rty. To the event the Grantee becomes owner of the Protected
<br />Property, or any po ereof, Grantee shall transfer any right, title and interest in this
<br />Agricultural Land E Bement to a third party in accordance with Section 4.4.
<br />6.3. Amendment asement. This ALE may be amended only if, in the sole and exclusive
<br />judge e f the Grantee and United States, by and through the Chief of MRCS, such
<br />dm t is consistent with the purposes of this ALE and complies with all applicable laws
<br />and dations. The Grantee must provide timely written notice to the Chief of NRCS and
<br />ssioner of the North Carolina Department of Agriculture and Consumer Services of
<br />a y proposed amendments. Prior to the signing and recordation of the amended ALE, such
<br />amendments must be mutually agreed upon by the Grantee, Grantor, and the United States, by
<br />and through the Chief of NRCS. Any purported amendment that is recorded without the prior
<br />approval of the United States and Commissioner of the North Carolina Department of
<br />Agriculture and Consumer Services is null and void.
<br />Due to the State's interest, this Agricultural Land Easement may be amended only with the
<br />prior written consent of the Grantee and the Grantor and approved by the Commissioner of the
<br />North Carolina Department of Agriculture and Consumer Services and the Secretary of the
<br />United States Department of Agriculture by and through the Chief of NRCS. Any such
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