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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 <br />F-7 Page 157 <br />