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200809097 (b) The Grantee covenants for itself, its successors and assigns that it shall include and otherwise make legally binding the above land use covenants/restrictions/reservations in all subsequent leases and transfer or conveyance documents relating to the Property subject hereto. Notwithstanding this provision, failure to include these land use restrictions in subsequent conveyances does not abrogate the status of these covenants/restrictions/reservations as binding upon the parties, their successors and assigns. (c) The Grantee, for itself, its successors and assigns, covenants that the Grantee or the then recorded owner of the Property will not undertake or allow any activity on or use of the Property that would violate the land use restrictions contained herein. (d) Notwithstanding any other provision of this Deed; any agreement between the Grantee and the Grantor; the provisions of CERCLA, including CERCLA Section 120(h)(3), as amended, the Grantee on behalf of itself, its successors and assigns, covenants and agrees that the Grantee or the then record owner of the Property will be fully responsible for any investigation and/or remediation of hazardous substances, pollutants or contaminants, or petroleum or petroleum derivatives, to the extent that such investigation and/or remediation becomes necessary in response to a violation of the land use restrictions in Section IV.c., or the reserved negative easement in Section I. 3. Submissions Modification of Restrictions. The Grantee shall submit any requests to use the Property for residential purposes, install monitoring wells or other modification to the above restrictions to Grantor, with a copy to EPA and Nebraska DEQ, by first class mail, postage prepaid, addressed as follows: (a) to Grantor: Department of the Army Corps of Engineers, Omaha District ATTN: CENWQ-RE 1616 Capitol Avenue, Suite 9000 Omaha, NE 68102-4901 (b) to EPA: u. S. Environmental Protection Agency Region VII 901 North 5th Street Kansas City, KS 66101 Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, NE 68509-8922 (c) to State: d. Notice of the Presence of Asbestos and Covenant 1. The Grantee is hereby informed and does acknowledge that asbestos or asbestos- containing material ("ACM") has been found on the Property. The Property does contain improvements, such as buildings, facilities, equipment, and pipelines, above and below the ground, that contain asbestos or ACM. The Occupational Safety and Health Administration 8