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. . .. " ~ ~ . I .( 200600528 15. FEDERAL FACILITIES AGREEMENT A copy of the Comhusker Army Ammunition Plant Federal Facility Agreement (FF A), entered into by the United States Environmental Protection Agency (EP A) Region VII, the State of Nebraska and the Department ofthe Anny, effective September 1990, and a copy of any amendments thereto, have been provided the assignee. The assignee agrees that should any conflict arise between the tenns of the FF A as they presently exist or may be amended, and the provisions of this assignment, the tenns of the FF A will take precedence. The assignee further agrees that notwithstanding any other provisions of the assignment, the United States assumes no liability to the person or entity to whom the Assigned Easements are assigned should implementation of the FFA interfere with their use of the Assigned Easements. The assignee or any subsequent assignee shall have no claim on account of any such interference against the United States or any officer, agent, employee or contractor thereof. 16. RAIL USE AGREEMENT BETWEEN DTE AND HALL COUNTY Use ofthe Assigned Railroad Easement and facilities will be in accordance with the provisions set forth in the AGREEMENT AND DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS dated 17 December 2002, between DTE Rail Services, Inc., and County of Hall, Nebraska, attached hereto as Exhibit "C" and made a part hereof. 17. PREVIOUSLY RESERVED EASEMENTS The Assigned Easements identified on said Exhibit" A" are easements twenty (20) feet and fifty (50) feet in width for access roads, and an easement thirty (30) feet in width, fifteen (15) feet on either side of the centerlines, for railroad right-of-way which are located on lands conveyed to DTE Rail Services, Inc., and identified as Tract 50A (Deed dated 8 October 2002, recorded as Instrument No. 0200212070, Hall County, Nebraska). The said deed quitclaimed the United States' interests in those lands, reserved unto the United States and its assigns, perpetual and assignable easements and rights-of-way, twenty (20) and fifty (50) feet in width for access roads and thirty (30) feet in width, in, on, over, and across the property for the installation, operation, use, repair, replacement, and maintenance of a railroad, railroad tracks, ballast and associated railroad facilities. THIS ASSIGNMENT is not subject to Title 10, United States Code, Section 2662, as amended. 5