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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />Environmental Protection Agency, (ii) the Florida Department of Environmental
<br />Protection, and (iii) the St. Johns River Water Management District, now or at any
<br />time hereafter in effect.
<br />The term "Hazardous Materials" shall mean any petroleum, petroleum products,
<br />fuel oil, waste oils, explosives reactive materials, ignitable materials, corrosive
<br />materials, hazardous wastes, hazardous substances, extremely hazardous
<br />substances, toxic substances, toxic chemicals, radioactive materials, infectious
<br />materials, and any other element, compound mixture, solution, or substance
<br />which may pose a present or potential hazard to human health or the environment.
<br />The term "Hazardous Materials ' shall not include pesticides, herbicides, and
<br />fertilizer applied in accordance with (i) label instructions, (ii) any applicable
<br />permitting process, and (iii) any applicable BMPs
<br />15. General Indemmfication To the extent allowed by law, Grantor shall
<br />indemnify and hold harmless the Grantee, its employees, agents and assigns for
<br />any and all liabilities, claims, demands, losses, damages, fines, fees penalties,
<br />suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf
<br />of any person or governmental authority, and other liabilities (whether legal or
<br />equitable in nature and including, without limitation, court costs and reasonable
<br />attorney's fees and attorney's fees on appeal) to which Grantee may be subject or
<br />incur relating to the Property, which may arise from Grantor's or its agent's
<br />contractor's, or invitee's negligent acts or omissions or Grantor's breach of any
<br />representation, warranty, covenant, or agreements contained in this Easement, or
<br />violations by Grantor or its agents, contractors, or invitees of any federal, state or
<br />local laws, including all Environmental Laws.
<br />16. Best Management Practices. As used in this Easement, the term "Best
<br />Management Practices" (`BMPs") shall be deemed to be those Best Management
<br />Practices that are or may be established for permissible uses of the Property by the
<br />Honda Department of Agriculture and Consumer Services ("DACS"), University
<br />of Florida Institute of Food and Agricultural Sciences ("IFAS"), Natural
<br />Resources Conservation Service ("NRCS"), the local soil and water conservation
<br />district, or m the absence of the foregoing, those BMPs then utilized as the
<br />prevailing practices for such use.
<br />VI. EASEMENT DOCUMENTATION REPORT. Grantor and Grantee
<br />acknowledge and agree that an Easement Documentation Report (the `Report') of the Property
<br />was prepared prior to closing and attached hereto as Exhibit "B' . In the event a controversy
<br />arises with respect to the nature and extent of the physical, ecological or biological condition of
<br />the Property, the parties may utilize the Report and any other relevant documents, surveys
<br />photographs or other information to assist in the resolution of the controversy. The Report shall
<br />serve, however, as the principal base line for the biological, ecological, and physical condition of
<br />the Property on the date of this Easement.
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