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<br />200600526 <br /> <br />4. The Grantee acknowledges that it has inspected the Property as to its asbestos <br />content and condition and any hazardous or environmental conditions relating thereto. The <br />Grantee shall be deemed to have relied solely on its own judgment in assessing the overall <br />condition of all or any portion of the Property, including, without limitation, any asbestos <br />hazards or concerns. <br /> <br />5. The Grantor assumes no liability for any damages to person or property, and gives <br />no warranties, either express or implied, with regard to the presence or absence of asbestos or <br />ACM in buildings and structures, or whether the Property is or is not suitable for a particular <br />purpose. The Grantee further agrees to indemnify and hold harmless the Grantor, its officers, <br />agents and employees from and against all suits, claims, demands or actions, liabilities, <br />judgments, penalties, costs and attorneys' fees arising out of or in any manner predicated upon, <br />future asbestos abatement or remediation from within buildings and structures on the Property; <br />disposal of ACM or asbestos after conveyance to the Grantee; personal injury, death or property <br />damages resulting from, related to, caused by or arising out of exposure to asbestos within <br />buildings and structures on the Property on or after conveyance of such portion of the Property to <br />the Grantee. The Grantee's obligation hereunder shall apply whenever the United States incurs <br />costs or liabilities for actions giving rise to liability under this Subsection. Except for those <br />facilities that were previously leased by the Grantee (DACA45-1-79-6041, DACA45-1-96-6095, <br />and DACA45-1-01-6010), the Grantee shall not be responsible for indemnifying or holding the <br />Grantor harmless from any loss, claims, liabilities, judgments, penalties, costs, or damages <br />arising out of exposure to asbestos that occurred prior to the date of this Deed. <br /> <br />e. Polychlorinated Biphenyls (PCBs) Containing Equipment Notification <br /> <br />The Grantee is hereby informed and does acknowledge that equipment contammg <br />polychlorinated biphenyls (PCBs) exists on the Property to be conveyed and that said equipment <br />is owned by Southern Public Power District. <br /> <br />f. Notice of Aboveground/Underground (AST/UST) Storage Tanks <br /> <br />The Grantee is hereby informed and does acknowledge that two inactive Aboveground <br />Storage Tanks (S-6 and a solvent tank) remain on Parcel 8A. There is also one active UST <br />remaining on Parcel 8A (SPHA-3,T2). Underground Storage Tanks (SI4, Tl and S40,T1) that <br />contained solvent/gasoline were formerly located on Parcel 8A from 1942 to 1993. The tanks <br />and the surrounding soil were removed in 1993, and subsequent investigation indicated that no <br />additional cleanup was necessary. <br /> <br />g. Land Use Restrictions <br /> <br />The Grantor has undertaken careful environmental study of the Property and concluded, to <br />which the Grantee agrees, that the highest and best use of the Property is limited by its <br />environmental condition to commercial/industrial/agricultural uses. In order to protect human <br />health and the environment, promote community objectives, and further the common <br />environmental objectives and land use plans of the Grantor, State of Nebraska and Grantee, the <br /> <br />8 <br />