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200407899 <br />NO. DACA45 -2 -04 -6021 <br />existing rights. It is understood that the granting of this easement does not eliminate the necessity <br />for obtaining any Department of the Army permit which may be required pursuant to the provisions <br />of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. §403), <br />Section 404 of the Clean Water Act (33 U.S.C. §1344) or any other permit or license which may be <br />required by Federal, state, interstate or local laws in connection with the use of the premises. <br />Prior to the execution of this easement the following site specific Condition No. 24 was <br />added hereto and made a part hereof: <br />24. FEDERAL FACILITIES AGREEMENT <br />A copy of the Comhusker Army Ammunition Plant Federal Facility Agreement (FFA), <br />entered into by the United States Environmental Protection Agency (EPA) Region VII, the <br />State of Nebraska, and the Department of the Army, effective September 1990, and a copy of <br />any amendments thereto, are available for the grantee's review at the Office of the <br />Commander's Representative. The grantee agrees that should any conflict arise between the terms <br />of the FFA as they presently exist or may be amended, and the provisions of this property transfer, <br />the terms of the FFA will take precedence. The grantee further agrees that notwithstanding any <br />other provisions of the property transfer, the United States assumes no liability to the person or <br />entity to whom the property is transferred should implementation of the FFA interfere with their use <br />of the property. The grantee or any subsequent transferee, shall have no claim on account of any <br />such interference against the United States or any officer, agent, employee or contractor thereof. <br />THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. <br />IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the <br />Army, this 2day of J�, % , 2004. <br />,6 <br />