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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT
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<br />there are no notices by any governmental authority of any violation or alleged violation of
<br />noncompliance or alleged noncompliance with or any liability under, any Environmental Law
<br />relating to the operations or conditions of the Protected Property. Grantor further warrants that
<br />they have no actual knowledge of an undisclosed release or threatened release of Hazardous
<br />Materials, as such substances and wastes are defined by applicable federal and state law.
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<br />Grantor further warrants that Grantor has no actual knowledge of a release or threatened
<br />release of Hazardous Materials on, at, beneath or from the Protected Property. Moreover
<br />Grantor hereby promises to hold harmless and indemnify the Grantee and the United States
<br />against all litigation, claims, demands, penalties and damages, including reasonable
<br />attorneysattorney’s 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.
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<br />Furthermore, Grantor warrants the information disclosed to Grantee and United States
<br />regarding any past violations or non-compliance with Environmental Laws and associated
<br />remedial actions, or any past releases of Hazardous Materials and any associated remedial
<br />actions is complete and accurate.
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<br />Due to the State’s interest in this Agricultural Conservation Land Easement, the Grantor
<br />hereby promises to hold harmless and indemnify the NCDA&CS against all litigation, claims,
<br />demands, penalties and damages, including reasonable attorneys fees, arising from or
<br />connected with the release or threatened release of any Hazardous Materials on, at, beneath or
<br />from the Protected Property, or arising from or connected with a violation of any
<br />Environmental laws by Grantor or any other prior owner of the Protected Property.
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<br />“Environmental Law” or “Environmental Laws” means any and all federal, state, local or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
<br />requirements of any governmental authority regulating or imposing standards of liability or
<br />standards of conduct (including common law) concerning air, water, solid waste, hazardous
<br />materials, worker and community right-to-know, hazard communication noise, radioactive
<br />material, resource protection, subdivision, inland wetlands and watercourses, health protection
<br />and similar environmental health, safety, building and land use as may now or at any time
<br />hereafter be in effect.
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<br />“Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils,
<br />explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
<br />hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances,
<br />toxic chemicals, radioactive materials, infectious materials and any other element, compound,
<br />mixture, solution or substance which may pose a present or potential hazard to human health
<br />or the environment.
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<br />5.3. General Disclaimer, Grantor Warranty, Liability and Indemnification. The United States, its
<br />employees, agents, and assigns disclaim and will not be held responsible for Grantee’s or
<br />Grantor’s negligent acts or omissions or Grantee’s or Grantor’s breach of any representation,
<br />warranty, covenant, or agreements contained in this ALE, or violations of any federal, state or
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