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200407897 L, purposes, the Property having been remediated only for commercial, industrial and agricultural uses. Commercial, Industrial and Agricultural uses include, but are not limited to, administrative /office space, manufacturing, warehousing, restaurants, hotels /motels, and retail activities. Residential use includes, but is not limited to, housing, day care facilities, and schools (excluding education and training programs for persons over 18 years of age), and assisted living facilities. (b) Nothing contained herein shall preclude the Grantee from undertaking, in accordance with applicable laws and regulations, such additional remediation necessary to allow for residential use of the Property. Any such additional remediation will be at no additional cost to the Grantor and with the Grantor's prior written consent. Consent may be conditioned upon such terms and conditions, as the Grantor deems reasonable and appropriate, including performance and payment bonds and insurance. Upon completion of such remediation required to allow residential use of the Property and upon the Grantee's obtaining the approval of the Army Corps of Engineers, the Environmental Protection Agency (EPA) and the Nebraska Department of Environmental Quality (DEQ) and, if required, any other regulatory agency, the Grantor agrees to release or, if appropriate, modify this restriction by executing and recording, in the same land records of Nebraska, Hall County, as this deed, a Partial Release of Covenant. Grantee shall bear the cost of recording and reasonable administrative fees. 2. Ground Water Notice Due to past munitions loading, assembly, and packing operations, there is groundwater contamination under portions of the Property. The groundwater contamination consists of RDX, HMX, and TNT. The Grantor has installed a Pump and Treatment Plant, which is in operation to remediate the groundwater contamination. The groundwater remediation operations are expected to continue until 2030. This remediation action was approved by the EPA and Nebraska DEQ in a Record of Decision (ROD), Operable Unit One - Groundwater dated November 1994 and Amendment thereto dated 28 September 2001. Grantor, at its expense, shall remove all equipment and close all monitoring wells in accordance with applicable Nebraska law when the remediation is completed. 3. Enforcement (a) The above covenant/restrictions shall inure to the benefit of the public in general and adjacent lands, including lands retained by the United States, and, therefore, are enforceable by the United States Government and State of Nebraska. These restrictions and covenants are binding on the Grantee, its successors and assigns; shall run with the land; and are forever enforceable. (b) The Grantee covenants for itself, its successors and assigns that it shall include and otherwise make legally binding the above land use restrictions in all subsequent leases, transfer or conveyance documents relating to the Property subject hereto. Notwithstanding this C 4