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200407899 NO. DACA45 -2 -04 -6021 signed April 2002, and the FOST for the property dated August 2001, prepared by the grantor, and agrees, to the best of the grantee's knowledge, that they accurately describe the environmental condition of the Property. The grantee has inspected the Property and accepts the physical condition and current level of environmental hazards on the Property and deems the Property to be safe for the grantee's intended use. 20. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 21. NON - DISCRIMINATION The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin or religion. 22. REMOVAL OF THE RAILROAD TRACKS/TIES AND RESTORATION Upon the termination or revocation of this easement, the grantee shall, without expense to the United States and within such time as said officer may indicate, remove the railcars and the facilities and restore the premises to the satisfaction of said officer, including but not limited to rough grading of the track roadbed and removal of any debris. In the event the grantee shall fail to remove the facilities and restore the premises, at the option of said officer, said facilities shall either become the property of the United States without compensation therefore, and/or said officer shall have the option to perform the restoration at the expense of the grantee, and the grantee shall have no claim for damages against the United States or its officers or agents for such action. Removal of the facilities by the grantee shall include only the removal of steel components (rail, bars, tie plates, switches, etc.), and ties. In addition to the restoration requirements herein, upon termination or revocation of this easement, the grantee is also obligated to restore the premises and comply with the restoration condition (see Condition No. 20) of Lease No. DACA45 -1 -79 -6041 as it pertains to the Premises. Nothing contained herein is intended to relieve grantee from any other obligation and/or liability resulting from grantee's or its predecessors in interest breach of the terms and conditions of Lease No. DACA45 -1 -79 -6041, including, but not limited to, Condition No. 35 of said lease. 23. DISCLAIMER This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain such permission as may be required on account of any other 5