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.. 200709680 3. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, and building construction workplaces, have been associated with asbestos-related diseases. Both the Occupational Safety and Health Administration (OSHA) and the EP A regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EP A have determined that such exposure increases the risk of asbestos- related diseases, which include certain cancers and which can result in disability or death. 4. The Grantee acknowledges that it has inspected the Property as to its asbestos content and condition and any hazardous or environmental conditions relating thereto. The Grantee shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Property, including, without limitation, any asbestos hazards or concerns. 5. The Grantor assumes no liability for any damages to person or property, and gives no warranties, either express or implied, with regard to the presence or absence of asbestos or ACM in buildings and structures, or whether the Property is or is not suitable for a particular purpose. The Grantee further agrees to indemnify and hold harmless the Grantor, its officers, agents and employees from and against all suits, claims, demands or actions, liabilities, judgments, penalties, costs and attorneys' fees arising out of or in any manner predicated upon, future asbestos abatement or remediation from within buildings and structures on the Property; disposal of ACM or asbestos after conveyance to the Grantee; personal injury, death or property damages resulting from, related to, caused by or arising out of exposure to asbestos within buildings and structures on the Property on or after conveyance of such portion of the Property to the Grantee. The Grantee's obligation hereunder shall apply whenever the United States incurs costs or liabilities for actions giving rise to liability under this Subsection. d. Polychlorinated Biphenyls (PCBs) The Grantee is hereby informed and does acknowledge that equipment contammg polychlorinated biphenyls (PCBs) exists on the Property being conveyed and that said equipment is owned by Southern Public Power District. e. Endangered Species Act The Grantee and its successors and assigns will use the Property in compliance with the Endangered Species Act. The U.S. Fish and Wildlife Service, U.S. Department of the Interior, shall enforce compliance with the Endangered Species Act against the Grantee, its successors and assigns. V. GENERAL EXCEPTIONS TO CONVEYANCE This conveyance is expressly made subject to the following matters to the extent and only to the extent the same are valid and affect the Property: 6