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y .. <br />200708365 <br />a. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all <br />rights and interests that have been previously reserved to Grantor in any Patent(s) covering the <br />Property. <br />b. SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all <br />rents and other beneficial interests in favor of Grantor in and to the following leases to the extent, <br />and only to the extent that such rents and other beneficial interests cover the Property: <br />Department of the Army Lease No. DACA45 -1 -00 -6008 granted to CPSS, Inc., for the <br />period 1 March 1999 through 31 October 2007. <br />III. CERCLA COVENANT AND RESERVED ACCESS <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 (1.4) 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 (FOST) dated March 2007 for further details. <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. <br />c. The Grantor shall 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. <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 />