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If requested by the County, the Landowner agrees to apply or co-apply with the County for
<br /> any permits, approvals, licenses or funding deemed necessary or desirable by the County for
<br /> implementing rights granted to the County in this Easement. This shall not be construed as
<br /> committing the Landowner to paying any portion of the costs of an activity undertaken by
<br /> the County, or assuming any liability with respect to the permit, approval, license or funding,
<br /> unless approved in a separate agreement.
<br /> d. Hold Harmless. The Landowner releases and agrees to hold harmless, indemnify, and defend
<br /> the County and its members,directors, officers,employees, agents and contractors and the
<br /> heirs,personal representatives, successors and assigns of each of them (collectively
<br /> "Indemnified Parties") from and against any and all liabilities,penalties, fines, charges,
<br /> costs, losses,damages,expenses,causes of action, claims, demands,judgments or
<br /> administrative actions, including, without limitation, reasonable attorneys' fees, arising from
<br /> or in any way connected with: (1)injury to or the death of any person, or physical damage to
<br /> any property, resulting from any act, omission,condition, or other matter related to or
<br /> occurring on or about the Property, regardless of cause, unless due solely to the negligence
<br /> of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to
<br /> comply with, any state, federal or local law, regulation, including without limitation,
<br /> CERCLA, by any person other than the Indemnified Parties, in any way affecting, involving
<br /> or related to the Property; (3) the presence or release in, on, from, or about the Property, at
<br /> any time of any substance now or hereafter defined, listed, or otherwise classified pursuant
<br /> to any federal, state,or local law, regulation,or requirement as hazardous, toxic, polluting, or
<br /> otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to
<br /> human health or the environment, unless caused solely by any of the Indemnified Parties.
<br /> e. Taxes. The Landowner shall pay before delinquency all taxes, assessments, fees, and
<br /> charges of whatever description levied on or assessed against the Property by competent
<br /> authority(collectively"Taxes"), including any taxes imposed upon or incurred as a result of
<br /> this Easement, and shall furnish the County with satisfactory evidence of payment upon
<br /> request.
<br /> 7.10 Recording. The County shall record this Easement in the Office of the Register of Deeds for the
<br /> county in which the Property is located, and may re-record it or any other document necessary to
<br /> protect its rights under this Easement.
<br /> 7.11 Severability. If any provision or specific application of this Easement is found to be invalid by a
<br /> court of competent jurisdiction, the remaining provisions or specific applications of this
<br /> Easement shall remain valid and binding.
<br /> 7.12 Successors. This Easement is binding upon, and inures to the benefit of, the Landowner and
<br /> County and their respective personal representatives, heirs, successors and assigns, and shall
<br /> continue as a servitude running in perpetuity with the Property.
<br /> 7.13 Termination of Rights and Obligations. The Landowner's and County's rights and obligations
<br /> under this Easement terminate upon transfer of the party's interests in the Easement or Property,
<br /> except that liability for acts or omissions occurring prior to transfer shall survive the transfer.
<br /> 7.14 Terms. The terms "Landowner" and "County," wherever used in this Easement, and any
<br /> pronouns used in place thereof, shall mean either masculine or feminine, singular or plural, and
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