Liability; Environmental Sample Clauses

Liability; Environmental. Landowner is solely responsible, and Holder has no responsibility, for the operation of the Property or the monitoring of hazardous or other conditions thereon. Landowner covenants, represents and warrants that, to the best of its knowledge without investigation: (1) Landowner and the Property are in compliance with, and shall remain in compliance with, all applicable Environmental Laws (as defined in Exhibit C). Landowner has no actual knowledge of and 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. Landowner has no actual knowledge of any use or release of Hazardous Materials (as defined in Exhibit C) on the Property that is in violation of any Environmental Laws. (2) To the knowledge of Landowner, no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements, or if there have been or are any such tanks located on the Property, their location has been identified to the Holder in writing, they have been properly registered with all appropriate and required authorities, they are in full compliance with all applicable statutes, ordinances and regulations, and they have not resulted in the known release of any substances regulated by Environmental Laws into the environment. (3) Without limitation of any other indemnity or release set forth in this Conservation Easement, Landowner releases and shall indemnify, defend (with counsel that is approved by Holder, which approval shall not be unreasonably withheld or conditioned) and hold Holder and its officers, directors, and employees, harmless from any and all liability, litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, related to Landowner's representations and warranties in this section 9.13 and/or related to the use, deposit or release of any Hazardous Materials and/or substances regulated by Environmental Laws on the Property. Nothing in this Conservation Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability to Holder to exercise physical or managerial control over the day-to-day operations of the Property, or any of Landowner's activities on the Property, or otherwise to become an operator with respect to the Prope...