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<br />the record title owner) to enter upon the Property and conduct investigations and surveys, to
<br />include drilling, test -pitting, borings, data and records compilation and other activities related to
<br />environmental investigation, and to carry out remedial or removal actions as required or necessary,
<br />including but not limited to the installation, operation, and removal of monitoring wells, pumping
<br />wells, and treatment facilities. Any such entry, including such activities, responses or remedial
<br />actions, shall be coordinated with record title owner and shall be performed in a manner that
<br />minimizes interruption with activities of authorized occupants. The United States of America will
<br />provide the record title owner reasonable advance notice of such activities, responses, or remedial
<br />actions.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESERVATIONS,
<br />AND COVENANTS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices, exceptions,
<br />reservations, and covenants affecting the property hereby conveyed to the extent and only to the
<br />extent the same are valid and affect the property, and shall be considered as covenants running
<br />with the land and binding on all parties having any right, title or interest in the property, or any
<br />part thereof, their heirs, successors and assigns.
<br />a. Federal Facility Agreement
<br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified as a
<br />National Priority List (NPL) site under the Comprehensive, Environmental, Response,
<br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Cornhusker Army
<br />Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States
<br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department
<br />of the Army, effective September 1990, and a copy of any amendments thereto, are available for
<br />the Grantee's review at the Office of the Commander's Representative. The Grantee agrees that
<br />should any conflict arise between the terms of the FFA as they presently exist or may be amended,
<br />and the provisions of this property transfer, the terms of the FFA will take precedence. The Grantee
<br />further agrees that notwithstanding any other provisions of the property transfer, the United States
<br />assumes no liability to the person or entity to whom the property is transferred should
<br />implementation of the FFA interfere with their use of the property. The Grantee or any subsequent
<br />transferee, shall have no claim on account of any such interference against the United States or
<br />any officer, agent, employee or contractor thereof.
<br />b. Environmental Baseline Survey (EBS) and Finding a Suitability to Transfer (FOST)
<br />1. The Grantee has been made aware of the existence of technical environmental reports,
<br />including the Environmental Baseline Survey for the Property dated 9-20 November 1998, as
<br />amended by Amendment No. 1, signed April 2002, and the FOST for the property dated November
<br />2002, prepared by the Granter, and agrees, to the best of the Grantee's knowledge, that they
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