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<br />200809097
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<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.
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<br />a. Federal Facility Agreement
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<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 (FF A), entered into by the United States
<br />Environmental Protection Agency (EP A) 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 FF A 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.
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<br />b. Environmental Baseline Sunrey (EBS) and Finding of Suitability to Transfer
<br />(FOST)
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<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 2008 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.
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<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 />set forth in the technical environmental reports, including the EBS, Grantee or its successors or
<br />assigns shall be responsible for such release or newly discovered substance unless Grantee is
<br />able to demonstrate that such release or such newly discovered substance was due to Grantor's
<br />activities, ownership, use, or occupation of the Property. Grantee, its successors and assigns, as
<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 Property occurring after the date of this Deed, where such substance or product was placed
<br />on the Property by the Grantee, or its successors, assigns, employees, invitees, agents or
<br />contractors, after the conveyance. This Subsection IV.b. shall not affect the Grantor's
<br />responsibilities to conduct response actions or corrective actions that are required by applicable
<br />laws, rules and regulations.
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