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BK: 2182 PG: 123
<br />29. Subsequent Encumbrances.
<br />With the exception of access, drainage, and linear utility easements as permitted in
<br />this Conservation Easement, the grant of any other easements or use restrictions is
<br />prohibited, except with the prior written permission of Grantee.
<br />30. Grantor's Environmental Warranty.
<br />a. Nothing in this Conservation Easement shall be construed as giving rise to any
<br />right or ability in Grantee to exercise physical or management control over the day-to-
<br />day operations of the Property, or any of Grantor's activities on the Property, or
<br />otherwise to become an operator with respect to the Property within the meaning of The
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
<br />amended ("CERCLA") or any corresponding state and local statute or ordinance.
<br />b. Grantor warrants that it has no actual knowledge of a release or threatened
<br />release of hazardous substances or wastes on the Property, as such hazardous
<br />substances and wastes are defined by applicable law, and hereby promises to indemnify
<br />Grantee harmless from, any and all loss, cost, claim (without regard to its merit), liability or
<br />expense (including reasonable attorneys' fees) arising from or with respect to any release
<br />of hazardous waste or violation of environmental laws.
<br />c. If at any time after the effective date of this Conservation Easement there occurs
<br />a release in, on, or about the property of any substance now or hereafter defined, listed, or
<br />otherwise classified pursuant to any federal, state, or local law, regulation, or requirement
<br />as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any
<br />way harmful or threatening to human health or the environment, Grantor agrees to take all
<br />steps that may be required under federal, state, or local law necessary to assure its
<br />containment and remediation, including any cleanup.
<br />31. Duration of Conservation Easement.
<br />Except as expressly otherwise provided herein, this Conservation Easement
<br />shall be of perpetual duration, and no merger of title, estate or interest shall be deemed
<br />effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of
<br />an interest or estate in the Property, or any portion thereof, to Grantee, it being the
<br />express intent of the parties that this Conservation Easement not be extinguished by, or
<br />merged into, any other interest or estate in the Property now or hereafter held by Grantee.
<br />32. Entire Agreement.
<br />This instrument sets forth the entire agreement of the parties with respect to the
<br />Conservation Easement and supersedes all prior discussions, negotiations,
<br />understandings, and agreements relating to the Conservation Easement, all of which
<br />are merged herein. No alteration or variation of this instrument shall be valid or binding
<br />unless contained in an amendment that complies with Paragraph 21.
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