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continued use and maintenance of the Property for historic monument purposes. The assurance of NPS must be obtained prior to
<br />the execution of any agreement to transfer title of the Property and must be in writing. Grantee may, however, enter into lease
<br />agreements with any individual or entity if the lease agreement is compatible with the approved PPU, and provided the prior
<br />concurrence of NPS, is obtained in writing prior to the execution of such agreements.
<br />E. National Emergency Rights of Government Notwithstanding any other provision contained in this Section VI, the
<br />Government shall have the right, during any national emergency, including any existing national emergency, to the immediate
<br />and full unrestricted use of the property conveyed without charge; provided, the Government shall bear the entire cost of
<br />maintenance of all property so used. It shall pay fair rental for use of improvements added by Grantee without Federal aid.
<br />F. Release of Historic Preservation Covenant Notwithstanding the provisions contained in this Section VII. A.- D., the
<br />Government may, at its sole option, release its right to enforce the Historic Preservation Covenant in the event Government
<br />determines, in its sole discretion, that the Property has been destroyed and /or otherwise rendered useless for National Monument
<br />Purposes by acts of God, war, terrorism, or any other circumstances.
<br />VIII. MISCELLANEOUS NOTICES, TERMS, CONDITIONS, AGREEMENTS, AND COVENANTS
<br />Except as provided by 42 U.S.C. § 962(h)(3), Grantee covenants for itself, its assigns and every successor in interest to the
<br />Property herein described or any part thereof that it shall abide by each of the following covenants, each of which will be
<br />covenants running with the land. In addition, the United States of America shall be deemed a beneficiary of each of the following
<br />covenants without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby
<br />conveyed and shall have a right to enforce each of the covenants herein in any court of competent jurisdiction; provided,
<br />however, the United States of America shall have no affirmative duty to any successor in title to this conveyance to enforce any
<br />of the following covenants herein agreed.
<br />A. "AS IS, WHERE IS PROVISION ":
<br />201602183
<br />1. GRANTEE AGREES AND ACKNOWLEDGES THAT GRANTOR IS SELLING THE PROPERTY STRICTLY
<br />ON AN "AS IS, WHERE IS ", WITH ALL FAULTS BASIS, WITHOUT WARRANTY, EXPRESS OR IMPLIED, WITH
<br />ANY AND ALL LATENT AND PATENT DEFECTS. GRANTEE ACKNOWLEDGES THAT GRANTOR HAS MADE
<br />THE PROPERTY AVAILABLE FOR INSPECTION BY GRANTEE AND GRANTEE'S REPRESENTATIVES.
<br />GRANTEE HAS INSPECTED, OR WILL HAVE INSPECTED PRIOR TO CLOSING, THE PHYSICAL CONDITION
<br />OF THE PROPERTY TO THE EXTENT FELT NECESSARY BY GRANTEE, INCLUDING ALL IMPROVEMENTS
<br />THEREON, AND ACCEPTS TITLE TO THE SAME "AS IS" IN ITS EXISTING PHYSICAL CONDITION.
<br />GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, WARRANTY
<br />STATEMENT OR OTHER ASSERTION OF THE UNITED STATES OF AMERICA, AS GRANTOR, INCLUDING
<br />ITS AGENCIES OR ANY OFFICIAL, AGENT REPRESENTATIVE OR EMPLOYEE OF THE FOREGOING, WITH
<br />RESPECT TO THE PROPERTY'S CONDITIONS. EXCEPT AS SET FORTH IN THE CONTRACT, GRANTEE IS
<br />RELYING SOLELY AND WHOLLY ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY, IS FULLY
<br />SATISFIED WITH THE PROPERTY, AND ACCEPTS ANY LIABILITIES OR COSTS ARISING IN CONNECTION
<br />WITH THE CONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO ANY COSTS OR
<br />LIABILITIES PERTAINING TO ANY ENVIRONMENTAL CONDITION OF THE PROPERTY. EXCEPT AS
<br />PROVIDED IN SECTION VII(A)(3), ABOVE, THE UNITED STATES OF AMERICA AND ITS AGENCIES
<br />DISCLAIM ANY AND ALL EXPESS OR IMPLIED WARRANTIES AND SPECIFICALLY MAKE NO
<br />WARRANTIES OF TITLE, HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE,
<br />OR ANY OTHER WARRANTY WHATSOEVER. GRANTEE IS PUT ON NOTICE THAT ANY PRIOR GRANT
<br />AND /OR ENCUMBRANCE MAY BE OF RECORD AND GRANTEE IS ADVISED TO EXAMINE ALL PUBLIC
<br />RECORDS AVAILABLE REGARDING THE PROPERTY.
<br />2. NO EMPLOYEE OR AGENT OF GRANTOR IS AUTHORIZED TO MAKE ANY REPRESENTATION OR
<br />WARRANTY AS TO THE QUALITY OR CONDITION OF THE PROPERTY, MERCHANTABILITY, SUITABILITY
<br />OR FITNESS OF THE PROPERTY FOR ANY USE WHATSOEVER, KNOWN OR UNKNOWN TO GRANTOR, OR
<br />COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES,
<br />REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO
<br />THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR
<br />SUBSTANCE. IN NO EVENT SHALL GRANTOR BE RESPONSIBLE OR LIABLE FOR LATENT OR PATENT
<br />DEFECTS OR FAULTS, IF ANY, IN THE PROPERTY OR FOR REMEDYING OR REPAIRING THE SAME
<br />INCLUDING, WITHOUT LIMITATION, DEFECTS RELATED TO ASBESTOS OR ASBESTOS CONTAINING
<br />MATERIALS, LEAD, LEAD -BASED PAINT, UNDERGROUND STORAGE TANKS, MOLD, RADON OR
<br />HAZARDOUS OR TOXIC MATERIALS, CHEMICALS OR WASTE, OR FOR CONSTRUCTING OR REPAIRING
<br />ANY STREETS, UTILITIES OR OTHER IMPROVEMENTS SHOWN ON ANY PLAT OF THE PROPERTY.
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