201403613 - Laserfiche WebLink

Browse

201403613 Easement or any activities on the Property, except to the extent caused by the gross negligence or intentional misconduct of the Conservancy. 17. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be served by any of the following means: (i) by delivery in person, in which case notice shall be deemed given upon delivery (or refusal of delivery), (ii) by certified U.S. mail, return receipt requested, postage prepaid, in which case notice shall be deemed given upon the earlier of the date of first attempted delivery or the third day after deposit in the mail, or (iii) by reputable commercial courier service, charges prepaid, in which case notice shall be deemed given upon the earlier of the date of first attempted delivery or the third day after deposit with the courier service. All notices shall be sent to the following addresses, or such other address as either party may hereafter specify by written notice to the other: To Grantee: To the Conservancy: Jerry Studnicka 37147 Navaho Road Ravenna, NE 68869 Legal Department The Nature Conservancy Midwest Regional Office 1101 West River Parkway, Suite 200 Minneapolis, MN 55415 18. ENVIRONMENTAL LIABILITY. Grantee is solely responsible, and the Conservancy has no responsibility, for the operation of the Property or the monitoring of hazardous or other conditions thereon. Grantee covenants, represents, and warrants that, after investigation and to the best of their knowledge: (i) Grantee and the Property are in compliance with, and shall remain in compliance with, all applicable Environmental Laws (as defined below). Neither Grantee nor the Conservancy have actual knowledge of any use or release of hazardous materials, toxic substances, or petroleum products on the Property that is in violation of any Environmental Law. Grantee has received no notices from any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with, or any liability under any Environmental Law relating to the operations or conditions on the Property. (ii) Environmental Laws means any and all federal, state, local, or administrative agency statutes, regulations, rules, codes, ordinances or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) regarding air, water, solid waste, hazardous materials, petroleum products, worker and community right -to -know, hazard communication, radioactive material, resource protection, wetlands and watercourses, health protection and similar environmental health, safety, building and land use laws and regulations as may now or at any time hereafter be in effect. Page 19 of 24 Pages