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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT
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<br />local 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.
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<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 attorneysattorney’s fees arising from any personal injury, accidents, negligence or
<br />damage relating to the Protected Property, or any claim thereof, unless due to the negligence
<br />of 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.
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<br />Grantor must indemnify 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 attorneys fees
<br />on appeal) to which Grantee may be subject or incur relating to the Protected Property, which
<br />may arise from, but are not limited to, Grantor’s negligent acts or omissions or Grantor’s
<br />breach of any representation, warranty, covenant or agreement contained in this Easement, or
<br />violations of any federal, state, or local laws, including all Environmental Laws.
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<br />Due to the State’s interest in this Agricultural Land Easement, Grantor agrees to indemnify
<br />and hold Grantee and the State of North Carolina harmless from any and all costs, claims or
<br />liability, including but not limited to reasonable attorney’s fees arising 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 agents, in which case liability shall be
<br />apportioned accordingly.
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<br />ARTICLE VI MISCELLANEOUS
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<br />6.1. Recording. Grantee shall record this instrument in a timely fashion in the official record of
<br />Cabarrus County, North Carolina, and may re-record it at any time as may be required to
<br />preserve the rights of the Grantee, the State of North Carolina and the United States under this
<br />Agricultural Land Easement.
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<br />6.2. Survival of Terms/Merger of Fee and Easement. The Grantor and Grantee agree that the
<br />terms of this Agricultural Land Easement shall survive any merger of this fee and easement
<br />interest in the Protected Property. In the event the Grantee becomes owner of the Protected
<br />Property, or any portion thereof, Grantee shall transfer any right, title and interest in this
<br />Easement to a third party in accordance with Section 4.4.
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<br />6.3. Amendment of Easement. This ALE may be amended only if, in the sole and exclusive
<br />judgement of the Grantee and United States, by and through the Chief of NRCS, such
<br />amendment is consistent with the purposes of this ALE and complies with all applicable laws
<br />and regulations. The Grantee must provide timely written notice to the Chief of NRCS of any
<br />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
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