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Moreover, Grantor hereby promises to hold harmless and indemnify NRCS, RCO and
<br />the Grantees against all litigation, claims, demands, penalties, and damages, including
<br />reasonable attorneys' fees, arising from or connected with the release or threatened
<br />release of any Hazardous Materials on, at, beneath, or from the Protected Property, or
<br />arising from or connected with a violation of any Environmental Laws by Grantor or
<br />any other prior owner of the Protected Property. Grantor's indemnification obligation
<br />will not be affected by any authorizations provided by the Grantees, RCO or the United
<br />States to the Grantor with respect to the Protected Property or any restoration activities
<br />carried out by Grantee at the Protected Property; provided, however, that the Grantees
<br />are responsible for any Hazardous Materials contributed after this date to the Protected
<br />Property by the Grantees.
<br />The terms `Environmental Law" and "Environmental Laws" mean any and all Federal,
<br />State, local, or municipal laws, rules, orders, regulations, statues, ordinances, codes,
<br />guidelines, policies, or requirements of any governmental authority regulating or
<br />imposing standards of liability or standards of conduct (including common law)
<br />concerning air, water, solid waste, hazardous materials, worker and community right -
<br />to -know, hazard communication, noise, radioactive materials, resource protection,
<br />subdivision, inland wetlands and watercourses, health protection and similar
<br />environmental health, safety, and building and land use as may now or at any time
<br />hereafter be in effect.
<br />The terms "Hazardous Materials" means any petroleum, petroleum products, fuel oil,
<br />waste oils, explosives, reactive materials, ignitable materials, corrosive materials,
<br />hazardous chemicals, 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 that may
<br />pose a present or potential hazard to human health or the environment.
<br />10.7 Control. Nothing in this Easement shall be construed as giving rise, in the absence of
<br />a judicial decree, to any right or ability in Grantee, Co -Grantee or any Beneficiary to
<br />this Easement to exercise physical or managerial control over the day-to-day operations
<br />of the Protected Property, or any of Grantor's activities on the Protected Property, or
<br />otherwise to become an operator with respect to the Protected Property within the
<br />meaning of the Comprehensive Environmental Response, Compensation, and Liability
<br />Act of 1980, as amended ("CERCLA").
<br />11 SUBSEQUENT TRANSFER OR EXTINGUISHMENT
<br />11.1 Extinguishment.
<br />11.1.1 If circumstances arise in the future that render the Purpose of this Easement
<br />impossible to accomplish, this Easement can only be terminated or extinguished,
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