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20010523'7 NO. DACA45 -2-01 -6078 existing rights. It is understood that the granting of this easement does not eliminate the necessity for obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises. 22. NON - TRANSFERRABLE RIGHTS Conditions Nos. 6, 9, 10, 11, 12, 14 and 20 are non - transferable rights of the grantor. In the event of disposal of the United States' underlying fee, these rights and conditions will not transfer. Prior to the execution of this easement, Condition No. 1 was added, Conditions Nos. 12 and 14 were modified and the following site specific Condition No. 23 was added hereto and made a part hereof: 23. FEDERAL FACILITY AGREEMENT: A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department of the Army, effective September 1990, and a copy of any amendments thereto, are available for the grantee's review at the Office of the Installation Commander's Representative. The grantee agrees that should any conflict arise between the terms of the FFA as they presently exist or may be amended, and the provisions of this property transfer, the terms of the FFA will take precedence. The grantee further agrees that notwithstanding any other provisions of the property transfer, the United States assumes no liability to the grantee should implementation of the FFA interfere with its use of the property. The grantee to whom the easement is transferred or any subsequent transferee, shall have no claim on account of any such interference against the United States or any officer, agent, employee or contractor thereof. THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. 0