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201402274
<br />99 dated 9 -20 November 1998, and the Finding of Suitability to Transfer (FOST) dated March
<br />2007 with further questions.
<br />Remedial Action necessary to ensure protection of human health and the environment
<br />was undertaken by the Grantor's predecessor, the United States of America. Except in those
<br />situations where the Grantee, its successors or assigns, hereunder are potentially responsible
<br />parties, as defined by CERCLA, any additional remedial action found to be necessary with
<br />respect to any such substance remaining on the property after the date hereof shall be conducted
<br />by the United States.
<br />The Grantor and its predecessor shall not incur liability for additional response action or
<br />corrective action found to be necessary after the date of transfer in any case in which the person
<br />or entity to whom the property is transferred is identified as the party responsible for
<br />contamination of the property.
<br />The United States of America and its assigns reserves a right of access to all portions of
<br />the Property for environmental investigation, remediation, or other corrective action. This
<br />reservation includes the right of access to and use of available utilities at reasonable cost to the
<br />United States of America. These rights shall be exercisable in any case in which a remedial
<br />action, response action, or corrective action is found to be necessary after the date of this
<br />conveyance, or in which access is necessary to carry out a remedial action, response action, or
<br />corrective action on adjoining property. Pursuant to this reservation, the United States and its
<br />respective officers, agents, employees, contractors and subcontractors shall have the right (upon
<br />reasonable notice to the then owner and any authorized occupant of the Property) to enter upon
<br />the herein described Property and conduct investigations and surveys, to include drilling, testing -
<br />pitting, borings, data and records compilation and other activities related to environmental
<br />investigation, and to carry out remedial or removal actions as required or necessary, including
<br />but not limited to the installation, operation, and removal of monitoring wells, pumping wells,
<br />and treatment facilities. Any such entry, including such activities, responses or remedial actions,
<br />shall be coordinated with record title owner and shall be performed in a manner that minimizes
<br />interruption with activities of authorized occupants. The United States will provide the record
<br />title owner reasonable advance notice of such activities, responses, or remedial actions. This
<br />subparagraph shall not affect the United States' future responsibilities, if any, to conduct
<br />response actions or corrective actions that are required by applicable laws, rules, and regulations.
<br />B. Federal Facility Agreement
<br />The Grantee acknowledges that this property, part of what is collectively known as the
<br />Cornhusker Army Ammunition Plant, has been identified as a National Priority List (NPL) site
<br />under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
<br />of 1980, as amended. The Federal Facility Agreement (hereinafter "FFA "), entered into by the
<br />United States Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and
<br />the Department of the Army, effective September 1990, is available for inspection by the
<br />Grantee upon request to the Army Corps of Engineers. The Grantee, its successors and assigns,
<br />agree that should any conflict arise between the terms of the FFA, or any of its amendments, and
<br />any terms of this transfer, the terms of the FFA will take precedence. The United States of
<br />America, its assigns, and the Grantor assume no liability to the Grantee, its heirs, successors and
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