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<br />b. Grantor reserves a right of access to all portions of the Property for environmental
<br />investigation, remediation or other corrective action. This reservation includes the right of
<br />access to and use of available utilities at reasonable cost to Grantor. These rights shall be
<br />exercisable in any case in which a remedial action, response action or corrective action is found
<br />to be necessary after the date of this conveyance, or in which access is necessary to carry out a
<br />remedial action, response action, or corrective action on adjoining property. Pursuant to this
<br />reservation, Grantor, and its respective officers, agents, employees, contractors and
<br />subcontractors shall have the right (upon reasonable notice to the record title owner) to enter
<br />upon the Property and conduct investigations and surveys, to include drilling, test - pitting,
<br />borings, data and records compilation and other activities related to environmental investigation,
<br />and to carry out remedial or removal actions as required or necessary, including but not limited
<br />to the installation, operation, and removal of monitoring wells, pumping wells, and treatment
<br />facilities. Any such entry, including such activities, responses or remedial actions, shall be
<br />coordinated with record title owner and shall be performed in a manner that minimizes
<br />interruption with activities of authorized occupants. Grantor will provide the record title owner
<br />reasonable advance notice of such activities, responses, or remedial actions. This subparagraph
<br />shall not affect the Grantor's future responsibilities, if any, to conduct response actions or
<br />corrective actions that are required by applicable laws, rules and regulations
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESTRICTIONS
<br />AND COVENANTS AFFECTING THE PROPERTY
<br />a. Federal Facility Agreement
<br />A copy of the Cornhusker Army Ammunition Plant Federal Facility Agreement (FFA),
<br />entered into by the United States Environmental Protection Agency (EPA) Region VII, the State
<br />of Nebraska, and the Department of the Army, effective September 1990, and a copy of any
<br />amendments thereto, are available for the Grantee's review at the Office of the Commander's
<br />Representative. The Grantee agrees that should any conflict arise between the terms of the FFA
<br />as they presently exist or may be amended, and the provisions of this property transfer, the terms
<br />of the FFA will take precedence. The Grantee further agrees that notwithstanding any other
<br />provisions of the property transfer, the United States assumes no liability to the person or entity
<br />to whom the property is transferred should implementation of the FFA interfere with their use of
<br />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 />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer
<br />(FOST)
<br />1. The Grantee has received the technical environmental reports, including the
<br />Environmental Baseline Survey for the Property dated 9 -20 November 1998, as amended by
<br />Amendment No. 1, signed 30 March 2001, and the FOST for the property dated January 2001,
<br />prepared by the Grantor, and agrees, to the best of the Grantee's knowledge, that they accurately
<br />describe the environmental condition of the Property. The Grantee has inspected the Property
<br />and accepts the physical condition and current level of environmental hazards on the Property
<br />and deems the Property to be safe for the Grantee's intended use.
<br />K3
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