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.... . , .( 200600528 b. The use of any pesticides or herbicides within the Assigned Easements shall be in conformance with all applicable Federal, state and local laws and regulations. c. The assignee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the assignee's activities, the assignee shall be liable to restore the damaged resources. 11. ENVIRONMENTAL BASELINE SURVEY The assignee has received the technical environmental reports, including the Environmental Baseline Survey for the Property dated 9-20 November 1998, as amended by Amendment No.1, signed 30 March 2001, and the FOST for the property dated January 200 I, prepared by the assignor, and agrees, to the best ofthe assignee's knowledge, that they accurately describe the environmental condition of the Assigned Easements. The assignee has inspected the Assigned Easements and accepts the physical condition and current level of environmental hazards on the Assigned Easements and deems the Assigned Easements to be safe for the assignee's intended use. 12. HISTORIC PRESERVATION The assignee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the Assigned Easements, the assignee shall immediately notify the appropriate state official and protect the site and material from further disturbance until said officer gives clearance to proceed. 13. NON-DISCRIMINATION The assignee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin, or religion in the conduct of operations on the Assigned Easements. 14. DISCLAIMER This instrument is effective only insofar as the rights of the United States in the Assigned Easements are concerned, and the assignee shall obtain such permission as may be required on account of any other existing rights. It is understood that this assignment of the Assigned Easements does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. S 403), Section 404 of the Clean Water Act (33 U.S.c. S 1344) or any other permit or license which may be required by Federal, state or local statute in connection with use of the Assigned Easements. 4