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<br />200607052
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<br />SA VE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights
<br />and interests that have been previously reserved to Grantor in any Patent(s) covering the
<br />Property.
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<br />III. CERCLA COVENANT AND RESERVED ACCESS
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<br />a. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended (CERCLA), 42 U.S.C. Section 9620 (h)(3), the
<br />Grantor has made a complete search of its records concerning the property subject to this Deed.
<br />Those records indicate that the hazardous substances, as defined by Section 101 (14) of
<br />CERCLA, shown on Exhibit "B," attached hereto and made a part hereof, have been stored for
<br />one year or more (S), released (R), or disposed of (D), on the property during the time the
<br />property was owned by the Grantor. The Grantee should review the Final Environmental
<br />Baseline Survey No. 38-EH-8519-99 dated 9-20 November 1998, and the Finding of Suitability
<br />to Transfer (FaST) dated October 2005 for further details.
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<br />b. The Grantor covenants and warrants that all remedial action necessary to ensure
<br />protection of human health and the environment with respect to any such substance remaining
<br />on the property has been taken prior to the date hereof. Furthermore, excepting those situations
<br />where the Grantee, its successors or assigns, hereunder are potentially responsible parties, as
<br />defined by CERCLA, any additional remedial action found to be necessary with respect to any
<br />such substance remaining on the property after the date hereof shall be conducted by the
<br />United States.
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<br />c. The Grantor shalI not incur liability for additional response action or corrective action
<br />found to be necessary after the date of transfer in any case in which the person or entity to whom
<br />the property is transferred, or other non-Grantor entities, is identified as the party responsible for
<br />contamination of the property.
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<br />d. Grantor reserves a right of access to all portions of the Property for environmental
<br />investigation, remediation, or other corrective action. This reservation includes the right of
<br />access to and use of available utilities at reasonable cost to the Grantor. These rights shall be
<br />exercisable in any case in which a remedial action, response action, or corrective action is found
<br />to be necessary after the date of this conveyance, or in which access is necessary to carry out a
<br />remedial action, response action, or corrective action on adjoining property. Pursuant to this
<br />reservation, the United States, and its respective officers, agents, employees, contractors and
<br />subcontractors shall have the right (upon reasonable notice to the then owner and any authorized
<br />occupant of the Property) to enter upon the herein described Property and conduct investigations
<br />and surveys, to include drilling, test-pitting, borings, data and records compilation and other
<br />activities related to environmental investigation, and to carry out remedial or removal actions as
<br />required or necessary, including, but not limited to the installation, operation, and removal of
<br />monitoring wells, pumping wells, and treatment facilities. Any such entry, including such
<br />activities, responses or remedial actions, shall be coordinated with record title owner and shall
<br />be performed in a manner that minimizes interruption with activities or authorized occupants.
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