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~ . 200600526 Notwithstanding this prOVlSlon, failure to include these land use restnctlOns in subsequent conveyances does not abrogate the status of these covenants/restrictions/reservations as binding upon the parties, their successors and assigns. (c) The Grantee, for itself, its successors and assigns, covenants that it will not undertake or allow any activity on or use of the Property to include Building N-17, that would violate the land use restrictions contained herein. (d) Notwithstanding any other provision of this Deed; any agreement between the Grantee and the Grantor; the provisions of CERCLA, including CERCLA Section 120(h)(3), as amended, the Grantee on behalf of itself, its successors and assigns, covenants and agrees that the Grantee or the then record owner of the Property will be fully responsible for any investigation and/or remediation of hazardous substances, pollutants or contaminants, or petroleum or petroleum derivatives, to the extent that such investigation and/or remediation becomes necessary in response to a violation of the land use restrictions in Section IV.g. 3. Submissions Modification of Restrictions. The Grantee shall submit any requests to use the Property for residential purposes, to use Building N-17 for commercial, agricultural, and/or residential purposes, to install monitoring wells or other modification to the above restrictions to Grantor, with a copy to EP A and Nebraska DEQ, by first class mail, postage prepaid, addressed as follows: (a) to Grantor: Corps of Engineers, Omaha District ATTN: CENWO-RE 106 South 15th Street Omaha, NE 68102-1618 (b) to EPA: U.S. Environmental Protection Agency, Region VII 901 North 5th Street Kansas City, KS 66101 (c) to State: Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, NE 68509-8922" v. MISCELLANEOUS GRANTEE COVENANTS Grantee covenants for itself, and its successors or assigns, and every successor in interest in the Property, to abide with each of the agreements and covenants running with the land described in Section IV of this Quitclaim Deed. In addition, Grantor and its successors and assigns, shall be deemed a beneficiary of each of the following agreements and covenants without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have a right to enforce each of the following agreements and covenants in any court of competent jurisdiction. Notwithstanding the foregoing, Grantor and its successors 10