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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />22 <br /> <br />NC ADFP Trust Fund Raleigh, NC 27609-6387 <br />2 West Edenton Street <br />Raleigh, NC 27601 <br /> <br />6.12. Approval by Grantee. In any casecase, where the terms of this Agricultural Land Easement <br />require the approval of the Grantee, unless otherwise stated herein, such approval shall be <br />requested in writing to the Grantee, and the United States if required, in accordance with <br />Section 6.10. In any provision of this Agricultural Land Easement in which the Grantor is <br />required to provide advance notice to the Grantee of any activity on the Protected Property, <br />such notice shall be given not less than thirty (30) calendar days prior to the planned <br />commencement of the activity. If the Grantee’s approval is required, such approval shall be <br />deemed withheld/disapproved unless Grantee provides to the Grantor written notice of <br />approval within 30 calendar days of receipt of such request. If Grantor has received no <br />response within such 30 calendar days, Grantor may send a second written notice to Grantee <br />requesting a statement of the reasons for the disapproval and the Grantee shall respond within <br />30 calendar days with an explanation for the specific reasons and basis for its decision to <br />disapprove. <br /> <br />6.13. Entire Agreement. This instrument sets forth the entire agreement of the Parties with respect to <br />the Agricultural Land Easement and supersedes all prior discussions, negotiations, <br />understandings or agreements relating to the Agricultural Land Easement. If any provision is <br />found to be invalid, the remainder of the provisions of this Agricultural Land Easement, and <br />the application of such provision to persons of circumstances other than those as to which it is <br />found to be invalid, shall not be affected thereby. <br /> <br />6.14. Availability or Amount of Tax Benefits. Grantee and NCDA&CS, acting by and through the <br />NCADFP Trust Fund make no warranty, representation or other assurance regarding the <br />availability, amount or effect of any deduction, credit or other benefit to Grantor or any other <br />person or entity under United States or any state, local or other tax law to be derived from the <br />donation of this Agricultural Land Easement or other transaction associated with the donation <br />of this Agricultural Land Easement. This donation is not conditioned upon the availability or <br />amount of any such deduction, credit or other benefit. Grantee and NCDA&CS make no <br />warranty, representation or other assurance regarding the value of this Agricultural Land <br />Easement or of the Protected Property. As to all of the foregoing, Grantor is relying upon <br />Grantor’s own legal counsel, accountant, financial advisor, appraiser or other consultant and <br />not upon Grantee or NCDA&CS or any legal counsel, accountant, financial advisor, appraiser <br />or other consultant of Grantee or NCDA&CS. In the event of any audit or other inquiry of a <br />governmental authority into the effect of this donation upon the taxation or financial affairs <br />involving Grantor or Grantor’s heirs, successors or assigns or other similar matter, then <br />Grantee and NCDA&CS shall be reimbursed and indemnified for any cost or expense of any <br />kind or nature whatsoever incurred by Grantee in responding or replying thereto. <br /> <br />6.15. Warranties and Representations of OwnerGrantor. By signing this Agricultural Land <br />Easement, Grantor acknowledges, warrants and represents to Grantee that: <br /> <br />(a) Grantor has had the opportunity to be represented by counsel of Grantor’s choice and <br />fully understands that Grantor is hereby permanently relinquishing property rights <br />whichrights, which would otherwise permit Grantor to have a fuller use and enjoyment <br />of the Protected Property.