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200003926- <br />NO. DACA45 -2 -00 -6023 <br />or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of <br />Defense Directive 5500.11 and 1020.1, and Army Regulation 600 -7. This assurance shall be binding <br />on the grantee, its agents, successors, transferees, and assignees. <br />19. RESTORATION <br />On or before the termination or revocation of this easement, the grantee shall, without expense to <br />the Urn" WWi "'such time as said officer may indicate, restore the premises to the <br />satisfacti`, n f said officer. In the event the grantee shall fail to restore the premises, at the option of <br />said officer, said improvements shall either become the property of the United States without <br />compensation therefore, or said officer shall have the option to perform the restoration at the expense <br />of the grantee, and the grantee shall have no claim for damages against the United States or its officers <br />or agents for such action. <br />20. DISCLAIMER <br />This instrument is effective only insofar as the rights of the United States in the premises are <br />concerned; and the grantee shall obtain such permission as may be required on account of any other <br />existing rights. It is understood that the granting of this easement does not eliminate the necessity for <br />obtaining any Department of the Army permit which may be required pursuant to the provisions of <br />Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section <br />404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required <br />by Federal, state, interstate or local laws in connection with the use of the premises. <br />21. NON - TRANSFERRABLE RIGHTS <br />Conditions Nos. 5, 8, 9, 10, 11, 13 and 19 are non - transferable rights of the grantor. In the event <br />the United States transfers or conveys the underlying fee, these conditions and the rights therein will <br />not transfer. <br />Prior to the execution of this easement, Conditions Nos. 13 and 15 were modified and the <br />following site specific Condition No. 22 was added hereto and made a part hereof <br />22. FEDERAL FACILITY AGREEMENT <br />A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA), <br />entered into by the United States Environmental Protection Agency (EPA) Region VII, the State <br />of Nebraska, and the Department of the Army, effective September 1990, and a copy of any <br />amendments thereto, are available for the grantee's review at the Office of the Installation <br />Commander's Representative. The grantee agrees that should any conflict arise between the <br />terms of the FFA as they presently exist or may be amended, and the provisions of this property <br />transfer, the terms of the FFA will take precedence. The grantee further agrees that <br />notwithstanding any other provisions of the property transfer, the United States assumes no <br />