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200608646 to allow residential or other use of the Property and upon the Grantee's obtaining the approval of the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency (EP A) and the Nebraska Department of Environmental Quality (NDEQ) and, if required, any other regulatory agency, the Grantor agrees to release or, if appropriate, modify this restriction by executing and recording, in the same land records of Nebraska, Hall County, as this Deed, a Partial Release of Covenant. Grantee shall bear the cost of recording and reasonable administrative fees. 2. Enforcement (a) The above covenant/restrictions/reservations shall inure to the benefit of the public in general and adjacent lands, including lands retained by the United States, and, therefore, are enforceable by the United States Government and State of Nebraska. These covenant/restrictions/reservations are binding on the Grantee, its successors and assigns; shall run with the land; and are forever enforceable. (b) The Grantee covenants for itself, its successors and assigns that it shall include and otherwise make legally binding the above land use covenant/restrictions/reservations in all subsequent leases and transfer or conveyance documents relating to the Property subject hereto. Notwithstanding this provision, failure to include these land use restrictions in subsequent conveyances does not abrogate the status of these covenant/restrictions/reservations as binding upon the parties, their successors and assigns. (c) The Grantee, for itself, its successors and assigns, covenants that it will not undertake or allow any activity on or use of the Property that would violate the land use restrictions contained herein. (d) Notwithstanding any other provision of this Deed; any agreement between the Grantee and the Grantor; the provisions of CERCLA, including CERCLA Section 120(h)(3), as amended, the Grantee on behalf of itself, its successors and assigns, covenants and agrees that the Grantee or the then record owner of the Property will be fully responsible for any investigation and/or remediation of hazardous substances, pollutants or contaminants, or petroleum or petroleum derivatives, to the extent that such investigation and/or remediation becomes necessary in response to a violation of the land use restrictions in Section IV herein. 3. Submissions Modification of Restrictions. The Grantee shall submit any requests to install monitoring wells, to construct subsurface structures for human occupation, or for other modification to the above restrictions to Grantor, with a copy to EP A and Nebraska Department of Environmental Quality (NDEQ), by first class mail, postage prepaid, addressed as follows: (a) to Grantor: Corps of Engineers, Omaha District ATTN: CENWO-RE-M 106 South 15th Street Omaha, NE 68102-1618 6