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D. Notice of the Presence of Asbestos and Covenant 2 014022i4 assigns, should implementation of the FFA interfere with their use of the property. The Grantee, its heirs, successors and assigns shall have no claim on account of any such interference. C. Environmental Baseline Survey (EBS) and Finding of Suitability (FOST) The Grantee has had access to and opportunity to inspect the technical environmental reports, including the Environmental Baseline Surveys for the Property dated [sic] November 1998, as amended by Amendment No. 1, signed April 2002, and the FOST for the property dated March 2007. The Grantee has inspected the property and accepts the physical condition and current level of environmental hazards on the property and deems the property to be safe for the Grantee's intended use. If an actual or threatened release of a hazardous substance or petroleum product is discovered on the property after the date of conveyance, whether or not such substance was set forth in the technical environmental reports, including the EBS, Grantee or its heirs, successors or assigns shall be responsible for such release or newly discovered substance unless Grantee can demonstrate such substance was due to activities, ownership, use or occupation of the property prior to this conveyance. Grantee shall be solely responsible and agrees to release Grantor from any and all liability or responsibility for any claims arising solely out of the releases of any hazardous substance or petroleum product on the property occurring after the date of this conveyance, where such substance or product was placed on the property by the Grantee, its heirs, successors, assigns, employees, agents, invitees, or contractors after the date of the conveyance. The Grantee is hereby informed and does acknowledge that non - friable asbestos or asbestos - containing material ( "ACM ") has been found on the Property. The Property may contain improvements, such as buildings, facilities, equipment, and pipelines, above and below the ground, that contain non - friable asbestos or ACM. The Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency have determined that such unprotected or unregulated exposure to airborne asbestos fibers increases the risk of asbestos - related diseases, including certain cancers that can result in disability or death. The Grantee covenants and agrees that its use and occupancy of the Property will be in compliance with all applicable laws relating to asbestos. The Grantee agrees to be responsible for any remediation or abatement of asbestos found to be necessary on the Property to include ACM in or on buried pipelines that may be required under applicable law or regulation. The Grantee acknowledges that it has inspected or has had the opportunity to inspect the Property as to its asbestos and ACM condition and any hazardous or environmental conditions relating thereto. The Grantee shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Property, including, without limitation, any asbestos or ACM hazards or concerns. 7