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<br />,1"" <br /> <br />200600526 <br /> <br />/ <br /> <br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer <br />(FOST), As Amended <br /> <br />1. The Grantee has received the technical enviromnental reports, including the <br />Enviromnental Baseline Survey for the Property dated 9-20 November 1998, the Enviromnental <br />Baseline Survey for the Property dated 3 May 1999 and the FOST, as amended, for the property <br />dated May 2005, prepared by the Grantor, and agrees, to the best of the Grantee's knowledge, <br />that they accurately describe the enviromnental condition of the Property. The Grantee has <br />inspected the Property and accepts the physical condition and current level of enviromnental <br />hazards on the Property and deems the Property to be safe for the Grantee's intended use. <br /> <br />2.a. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the foonerly leased Property (DACA45-l-79-6041, DACA45-1-96-6095 and <br />DACA45-l-01-6010) on or after the beginning date of the leases, whether or not such substance <br />was set forth in the technical environmental reports, including the BBSs, Grantee or its <br />successors or assigns shall be responsible for such release or newly discovered substance unless <br />Grantee is able to demonstrate that such release or such newly discovered substance was due to <br />Grantor's activities, ownership, use, or occupation of the foonerly leased Property <br />(DACA45-1-79-6041, DACA45-1-96-6095 and DACA45-1-0 1-601 0) prior to the beginning date <br />of the leases. Grantee, its successors and assigns, as consideration for the conveyance, agree to <br />release Grantor from any liability or responsibility for any claims arising solely out of the release <br />of any hazardous substance or petroleum product on the foonerly leased Property occurring on or <br />after the beginning date of the leases, where such substance or product was placed on the <br />fonnerly leased Property by the Grantee, or its successors, assigns, employees, invitees, agents or <br />contractors, on or after the beginning date of the leases. This Subsection IV.b. shall not affect <br />the Grantor's responsibilities to conduct response actions or corrective actions that are required <br />by applicable laws, rules and regulations. <br /> <br />2.b. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the remaining Property after the date of the conveyance, whether or not such <br />substance was set forth in the technical enviromnental reports, including the EBSs, Grantee or its <br />successors or assigns shall be responsible for such release or newly discovered substance unless <br />Grantee is able to demonstrate that such release or such newly discovered substance was due to <br />Grantor's activities, ownership, use, or occupation of the remaining Property. Grantee, its <br />successors and assigns, as consideration for the conveyance, agree to release Grantor from any <br />liability or responsibility for any claims arising solely out of the release of any hazardous <br />substance or petroleum product on the Property occurring after the date of this Deed, where such <br />substance or product was placed on the remaining Property by the Grantee, or its successors, <br />assigns, employees, invitees, agents or contractors, after the conveyance. This Subsection IV.b. <br />shall not affect the Grantor's responsibilities to conduct response actions or corrective actions <br />that are required by applicable laws, rules and regulations. <br /> <br />c. Notice of the Presence of Lead-Based Paint and Covenant Against the Use of the <br />Property for Residential Purposes <br /> <br />5 <br />