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<br />B. CERCLA Covenant Grantor warrants that all remedial action necessary to protect human health and the environment
<br />has been taken before the date of this Deed. Grantor warrants that it shall take any additional response action found to be
<br />necessary after the date of this Deed regarding hazardous substances located on the Property on the date of this Deed.
<br />1. This covenant shall not apply:
<br />a. in any case in which Grantee, its successor(s) or assign(s), or any successor in interest to the Property or part
<br />thereof is a Potentially Responsible Party (PRP) with respect to the Property immediately prior to the date of this Deed;
<br />OR
<br />b. to the extent that such additional response action or part thereof found to be necessary is the result of an act or
<br />failure to act of the Grantee, its successor(s) or assign(s), or any party in possession after the date of this Deed that either:
<br />(1) results in a release or threatened release of a hazardous substance that was not located on the Property on the
<br />date of this Deed; OR
<br />(2) causes or exacerbates the release or threatened release of a hazardous substance the existence and location of
<br />which were known and identified to the applicable regulatory authority as of the date of this Deed; OR
<br />(3) in the case of a hazardous substance(s) previously unknown by Grantor and Grantee as of the date of this
<br />conveyance but which is hereafter discovered by Grantee, its successor(s) or assign(s), or any party in possession and
<br />where after such discovery, Grantee, its successor(s) or assign(s), or any party in possession thereafter causes or
<br />exacerbates a release or threatened release of such hazardous substance(s).
<br />2. In the event Grantee, its successor(s) or assign(s), seeks to have Grantor conduct or pay for any additional response
<br />action, and, as a condition precedent to Grantor incurring any additional cleanup obligation or related expenses, the Grantee,
<br />its successor(s) or assign(s), shall provide Grantor at least 45 days written notice of such a claim and provide credible
<br />evidence that:
<br />a. the associated contamination existed prior to the date of this Deed; and
<br />b. the need to conduct any additional response action or part thereof was not the result of any act or failure to act by
<br />the Grantee, its successor(s) or assign(s), or any party in possession.
<br />C. Access Easement Grantor reserves a right of access to all portions of the Property for environmental investigation,
<br />remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable
<br />cost to Grantor. These rights shall be exercisable in any case in which a remedial action, response action or corrective action is
<br />found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response
<br />action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective
<br />officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable advance written notice to the
<br />record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test - pitting, borings,
<br />data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal
<br />actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells,
<br />and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record
<br />title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants.
<br />D. Non - Disturbance Clause Grantee covenants and agrees for itself, its successors and assigns and every successor in
<br />interest to the Property, or part thereof, that a party occupying any of the Property shall not interfere, hinder or prevent Grantor,
<br />the United States Government, and its officers, agents, employees, contractors and subcontractors, in conducting any required
<br />remedial investigations, response actions or oversight activities on the Property or adjoining property.
<br />V. SPECIFIC USE RESTRICTIONS AFFECTING THE PROPERTY
<br />A. Groundwater Use Restrictions Grantee covenants and agrees for itself, its successors and assigns, and every
<br />successor -in- interest to the Property, or part thereof, that it shall not construct or permit to be constructed any well, and shall not
<br />extract, utilize, consume or permit to be extracted, any water from the aquifer below the surfaces of the ground within the
<br />boundary of the Property for the purpose of human consumption, or other use, unless such groundwater has been tested and found
<br />to meet applicable standards for human consumption, or such other use, and such owner or occupant shall first have obtained
<br />written approval of GSA and the appropriate agencies of the State of Nebraska, as well as City of Grand Island City Ordinance
<br />No. 9370, effective 3 Apr 2012, described in City Code Chapter 36, Sections (35 -60) — (35 -69) Groundwater Use Restrictions —
<br />Control Area 1, Prohibited Groundwater Uses. The costs associated with obtaining use of such water, including, but not limited
<br />to, the costs of permits, studies, analysis, or remediation, shall be the sole responsibility of the Grantee, its successors and
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