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<br />200709680
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<br />Grantor from any liability or responsibility for any claims arising solely out of the release of any
<br />hazardous substance or petroleum product on the formerly licensed Property occurring on or
<br />after 25 October 2004, where such substance or product was placed on the Property by the
<br />Grantee, or its successors, assigns, employees, invitees, agents or contractors, on or after
<br />25 October 2004. This Subsection IV.b. shall not affect the Grantor's responsibilities to conduct
<br />response actions or corrective actions that are required by applicable laws, rules and regulations.
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<br />c. Notice of the Presence of Asbestos and Covenant
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<br />1. The Grantee is hereby informed and does acknowledge that prior to this conveyance
<br />asbestos or asbestos-containing materials ("ACM") were found on the Property, as described in
<br />the FOST. Prior to this conveyance, all asbestos on the Property was removed by the Grantee.
<br />Grantor assumes no liability for Grantee's removal, cleanup, transport to an approved landfill,
<br />disposal of all surface and subsurface asbestos located on the property and any site restoration
<br />prior to this conveyance or damages for personal injury, illness, disability, or death, to the
<br />Grantee, its successors or assigns, or to any other person, including members of the general
<br />public, arising from or incident to said transportation, removal, handling, use, disposition,
<br />restoration or other activity causing or leading to contact of any kind whatsoever with asbestos on
<br />the Property, whether the Grantee, its successors or assigns properly warned or failed to properly
<br />warn the individual(s) injured. Grantor assumes no liability to the Grantee, its successors or
<br />assigns, or any other person, for any interference with the Grantee's use of the property prior to
<br />this conveyance resulting from said removal, cleanup, transport, disposal and restoration of the
<br />property. The Grantee shall have no claim against the Grantor or any of its officers, agents,
<br />employees or contractors solely on account of any such interference resulting from such removal,
<br />cleanup, transport, disposal and restoration. The Grantee hereby agrees to indemnify and hold
<br />harmless the Grantor, its officers, agents and employees from and against all suits, claims,
<br />demands or actions, liabilities, judgments, penalties, costs and attorneys' fees, arising out of or in
<br />any manner predicated upon said removal, cleanup, transport; disposal and restoration and
<br />personal injury, death or property damages resulting from, related to, caused by or arising out of
<br />exposure to asbestos on the Property. The Grantee's obligation hereunder shall apply whenever
<br />the United States incurs costs or liabilities for actions giving rise to liability under this
<br />Subsection.
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<br />2. The Grantee covenants and agrees that its use and occupancy of the Property will be
<br />in compliance with all applicable laws relating to asbestos; and that the Grantor assumes no
<br />liability for damages for personal injury, illness, disability, or death, to the Grantee, its successors
<br />or assigns, or to any other person, including members of the general public, arising from or
<br />incident to the purchase, transportation, removal, handling, use, disposition, or other activity
<br />causing or leading to contact of any kind whatsoever with any remaining asbestos on the
<br />Property, whether the Grantee, its successors or assigns have properly warned or failed to
<br />properly warn the individual(s) injured.
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