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200407899 <br />NO. DACA45 -2 -04 -6021 <br />4. AUTHORIZED REPRESENTATIVES <br />Except as otherwise specifically provided, any reference herein to "Secretary ", "District <br />Engineer ", or "said officer ", shall include their duly authorized representatives. Any reference to <br />"grantee" shall include assignees, transferees and their duly authorized representatives. <br />5. SUPERVISION BY THE DISTRICT ENGINEER <br />The construction, operation, maintenance, repair or replacement of said facilities, including <br />culverts and other drainage facilities, shall be performed at no cost or expense to the United States <br />and subject to the approval of the Commander, Omaha District Corps of Engineers, hereinafter <br />referred to as said officer. Upon the completion of any of the above activities, the grantee shall <br />immediately restore the premises to the satisfaction of said officer. The use and occupation of the <br />premises for the purposes herein granted shall be subject to such rules and regulations as said <br />officer prescribes in writing from time to time. <br />6. APPLICABLE LAWS AND REGULATIONS <br />The grantee shall comply with all applicable Federal, state, county and municipal laws, <br />ordinances and regulations wherein the premises are located. <br />7. CONDITION OF PREMISES <br />The grantee acknowledges that it has inspected the premises, knows the condition, and <br />understands that the same is granted without any representation or warranties whatsoever and <br />without any obligation on the part of the United States. <br />8. INSPECTION AND REPAIRS <br />The grantee shall inspect the facilities at reasonable intervals and immediately repair any <br />defects found by such inspection or when required by said officer to repair any such defects. <br />9. PROTECTION OF GOVERNMENT PROPERTY <br />The grantee shall be responsible for any damage that may be caused to property of the <br />United States by the activities of the grantee under this easement, and shall exercise due diligence in <br />the protection of all property located on the premises against fire or damage from any and all <br />causes. Any property of the United States damaged or destroyed by the grantee incident to the <br />exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a <br />condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor <br />by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to <br />said officer. <br />a 2- z <br />