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, f <br />200708364 <br />Grantor is conducting a remedial action at certain locations on the property. Further, Grantee <br />acknowledges that Grantor, pursuant to Grantor's right of access as stated in subparagraph III.d. <br />above, has already provided reasonable notice to the Grantee that Grantor may be conducting a <br />remedial action at other locations on the property. <br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCLUSIONS, RESERVATIONS, <br />COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY <br />This conveyance is expressly made subject to the following environmental notices, <br />exclusions, reservations, covenants and restrictions affecting the property hereby conveyed to the <br />extent and only to the extent the same are valid and affect the property, and shall be considered <br />as covenants running with the land and binding on all parties having any right, title or interest in <br />the property, or any part thereof, their heirs, successors and assigns. <br />a. Federal Facility Agreement <br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified as <br />a National Priority List (NPL) site under the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Cornhusker <br />Army Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States <br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department <br />of the Army, effective September 1990, and a copy of any amendments thereto, have been <br />provided the Grantee. The Grantee, its successors and assigns, agree that should any conflict <br />arise between the terms of the FFA as they presently exist or as they may be later amended and <br />the provisions of this property transfer, the terms of the FFA will take precedence. The Grantee, <br />its successors and assigns, further agree that notwithstanding any other provisions of this Deed, <br />the Grantor assumes no liability to the Grantee, its successors and assigns, should <br />implementation of the FFA interfere with their use of the property. The Grantee, its. successors <br />and assigns, shall have no claim on account of any such interference against the Grantor or any <br />officer, agent, employee or contractor thereof. <br />b. Environmental Baseline Survey (EBS) and Finding of Suitability to Transfer <br />(FOST) <br />1. The Grantee has received the technical environmental reports, including the <br />Environmental Baseline Survey for the Property dated 9 -20 November 1998 and the FOST for <br />the property dated March 2007 prepared by the Grantor, and agrees, to the best of the Grantee's <br />knowledge, that they accurately describe the environmental condition of the Property. The <br />Grantee has inspected the Property and accepts the physical condition and current level of <br />environmental hazards on the Property and deems the Property to be safe for the Grantee's <br />intended use. <br />2. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the Property after the date of the conveyance, whether or not such substance was <br />5 <br />