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200407898 government purposes and the assignee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 7. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to any activities on or any use of the Assigned Easements, or for damages to the property or injuries to the person of the assignee's officers, agents, or employees or others who may be on the Assigned Easements at their invitation or the invitation of any one of them, and the assignee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 8. SUBJECT TO EASEMENTS The Assigned Easements are subject to all other existing easements, or those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the Assigned Easements. It is recognized that the assignee is required to provide public common carrier services to certain property located on the Cornhusker Army Ammunition Plant and will be subject to applicable laws and regulations. 9. SOIL AND WATER CONSERVATION The assignee shall maintain all soil and water conservation structures that may be in existence upon said Assigned Easements. 10. ENVIRONMENTAL PROTECTION a. Within the limits of its respective legal powers, the assignee hereto shall protect the Assigned Easements against pollution of the air, ground, and water. The assignee shall promptly comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the Assigned Easements is strictly prohibited. Such regulations, conditions, or instructions in effect or prescribed by the said Environmental Protection Agency or any Federal, state, interstate or local governmental agency are hereby made a condition of this assignment. The assignee shall not discharge waste or effluent from the Assigned Easements in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the Assigned Easements shall be in conformance with all applicable Federal, state and local laws and regulations. K3