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200204919 3. The Grantee acknowledges that it has received the opportunity to conduct its own risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards prior to execution of this document. 4. The Grantee covenants and agrees that it shall not permit the occupancy or use of any buildings or structures on the Property as Residential Real Property without complying with this section and all applicable Federal, state, and local laws regulations pertaining to lead -based paint and/or lead -based paint hazards. Prior to permitting the occupancy of the Property where its use subsequent to sale is intended for residential habitation, the Grantee specifically agrees to perform, at its sole expense, the Army's abatement requirements under Title X of the Housing and Community Development Act of 1992 (Residential Lead -Based Paint Hazard Reduction Act of 1992) (hereinafter Title X). The Grantee shall, after consideration of the guidelines and regulations established pursuant to Title X: (1) Comply with the joint HUD and EPA Disclosure Rule (24 CFR 35, Subpart H, 40 CFR 745, Subpart F), when applicable, by disclosing to prospective purchasers the known presence of lead -based paint and/or lead -based paint hazards as determined by previous risk assessments; (2) Abate lead -based paint hazards in pre -1978 buildings and structures in paint, dust and bare soil in accordance with the HUD Guidelines, with the addition of abatement of bare soil with lead levels higher than 2000 ppm; and (3) Comply with the EPA lead -based paint work standards when conducting lead -based paint activities (40 CFR 745, Subpart L). In complying with these requirements, the Grantee covenants and agrees to be responsible for any abatement or remediation of lead -based paint or lead -based paint hazards on the Property found to be necessary as a result of the subsequent use of the property. The Grantee covenants and agrees to comply with solid or hazardous waste laws that may apply to any waste that may be generated during the course of lead -based paint abatement activities. 5. The Grantee further agrees to indemnify and hold harmless the Army, its officers, agents and employees, from and against all suits, claims, demands, or actions, liabilities, judgments, costs and attorney's fees arising out of, or in a manner predicated upon personal injury, death or property damage resulting from, related to, caused by or arising out of lead -based paint or lead -based paint hazards on the Property. 6. The covenants, restrictions, and requirements of this subsection IV.c. shall be binding upon the Grantee, its successors and assigns, and shall be deemed to run with the land. d. Notice of the Presence of Asbestos and Covenant 1. The Grantee is hereby informed and does acknowledge that friable and non - friable asbestos or asbestos - containing materials ( "ACM ") has been found in buildings and structures on the Property, as described in the EBS. The ACM in buildings and structures on the Property does not currently pose a threat to human health or the environment, and all friable asbestos that posed a risk to human health has been removed. 0