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<br />available utilities at reasonable cost to the Grantor. These rights shall be .exercisable in any case
<br />in which a remedial action, response action or corrective action is found to be necessary after the
<br />date of this conveyance of the herein described parcels of land, or in which such access is
<br />necessary to carry out a remedial action, response action or corrective action on adjoining
<br />property. Pursuant to this reservation, the United States and its respective officers, agents,
<br />employees, contractors and subcontractors shall have the right (upon reasonable notice to the
<br />Grantee or the then owner and any authorized occupant of the property) to enter upon the herein
<br />described parcels of land and conduct investigations and surveys, to include drilling, test-pitting,
<br />borings, data and/or record compilation, and other activities related to environmental
<br />investigation, and to carry out remedial or removal actions as required or necessary, including,
<br />but not limited to, the installation, operation and removal of monitoring wells, pumping wells,
<br />and treatment facilities. Any such entry, including such activities, responses or remedial actions,
<br />shall be coordinated with the record title owner and shall be performed in a manner that
<br />minimizes interruption with activities of authorized occupants. Grantor will provide the record
<br />title owner reasonable advance notice of such activities, responses, or remedial actions. This
<br />subparagraph shall not affect the Grantor's future responsibilities, if any, to conduct response
<br />actions or corrective actions that are required by applicable laws, rules, and regulations.
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<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS,
<br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY
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<br />This conveyance is expressly made subject to the following environmental notices,
<br />exclusions, reservations, covenants and restrictions affecting the property hereby conveyed to the
<br />extent and only to the extent the same are valid and affect the property, and shall be considered
<br />as covenants running with the land and binding on all parties having any right, title or interest in
<br />the property, or any part thereof, their heirs, successors and assigns.
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<br />a. Federal Facility Agreement
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<br />The Grantee acknowledges that Comhusker Army Ammunition Plant has been identified as
<br />a National Priority List (NPL) site under the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Comhusker
<br />Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States
<br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska and the Department
<br />of the Army, effective September 1990, and a copy of any amendments thereto, have been
<br />provided the Grantee. The Grantee, its successors and assigns, agree that should any conflict
<br />arise between the terms of the FF A as they presently exist or as they may be later amended and
<br />the provisions of this property transfer, the terms of the FFA will take precedence. The Grantee,
<br />its successors and assigns, further agree that notwithstanding any other provisions of this Deed,
<br />the Grantor assumes no liability to the Grantee, its successors and assigns, should
<br />implementation of the FF A interfere with their use of the property. The Grantee, its successors
<br />and assigns, shall have no claim on account of any such interference against the Grantor or any
<br />officer, agent, employee or contractor thereof.
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