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<br />200709679 <br /> <br />consideration for the conveyance, agree to release Grantor from any liability or responsibility for <br />any claims arising solely out of the release of any hazardous substance or petroleum product on <br />the original formerly licensed Property occurring on or after 25 October 2004, where such <br />substance or product was placed on the original formerly licensed Property by the Grantee, or its <br />successors, assigns, employees, invitees, agents or contractors, on or after 25 October 2004. This <br />Subsection IV.b. shall not affect the Grantor's responsibilities to conduct response actions or <br />corrective actions that are required by applicable laws, rules and regulations. <br /> <br />2b. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the remaining formerly licensed Property (Supplemental Agreement No. 1 to <br />DACA45-3-05-6001), consisting of approximately 30 acres, on or after 12 April 2006, whether <br />or not such substance was set forth in the technical environmental reports, including the EBS, <br />Grantee or its successors or assigns shall be responsible for such release or newly discovered <br />substance unless Grantee is able to demonstrate that such release or such newly discovered <br />substance was due to Grantor's activities, ownership, use, or occupation of the remaining <br />formerly licensed Property (Supplemental Agreement No. 1 to DACA45-3-05-6001) prior to <br />12 April 2006. Grantee, its successors and assigns, as consideration for the conveyance, agree to <br />release Grantor from any liability or responsibility for any claims arising solely out of the release <br />of any hazardous substance or petroleum product on the remaining formerly licensed Property <br />occurring on or after 12 April 2006, where such substance or product was placed on the <br />remaining formerly licensed Property by the Grantee, or its successors, assigns, employees, <br />invitees, agents or contractors, on or after 12 April 2006. This Subsection IV.b. shall not affect <br />the Grantor's responsibilities to conduct response actions or corrective actions that are required <br />by applicable laws, rules and regulations. <br /> <br />c. Polychlorinated Biphenyls (PCBs) <br /> <br />The Grantee is hereby informed and does acknowledge that equipment contammg <br />polychlorinated biphenyls (PCBs) exist on the Property to be conveyed and that said equipment <br />is owned by Southern Public Power District. <br /> <br />d. Lead-Based Paint (LBP) <br /> <br />Notice of the Presence of Lead-Based Paint and Covenant Against the Use of the Property <br />for Residential Purposes. <br /> <br />1. The Grantee is hereby informed and does acknowledge that the building on the <br />Property, which was constructed or rehabilitated prior to 1978, is presumed to contain lead-based <br />paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. <br />Every purchaser of any interest in Residential Real Property on which a residential dwelling was <br />built prior to 1978, is notified that such property may present exposure to lead from lead-based <br />paint that may place young children at risk of developing lead poisoning. Lead poisoning in <br />young children may produce permanent neurological damage, including learning disabilities, <br />reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also <br /> <br />5 <br />