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<br />200809098
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<br />SAVE AND EXCEPT and there is hereby reserved unto Grantor, and its assigns, all rights
<br />and interests that have been previously reserved to Grantor in any Patent(s) covering the
<br />Property .
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<br />III. CERCLA COVENANT AND RESERVED ACCESS
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<br />a. Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended (CERCLA) 42 U.S.c. Section 9620 (h)(3), the
<br />Grantor has made a complete search of its records concerning the Property subject to this Deed.
<br />Those records indicate that the hazardous substances, as defined by Section 101 (14) of
<br />CERCLA, shown on Exhibit "B," attached hereto and made a part hereof, have been stored for
<br />one year or more (S), released (R), or disposed of (D) on the Property during the time the
<br />Property was owned by the Grantor. The Grantee should review the Final Environmental
<br />Baseline Survey No. 38-EH-8519-99 dated 9-20 November 1998 and the Finding of Suitability
<br />to Transfer (FOST) dated March 2008, for further details.
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<br />b. The Grantor covenants and warrants that all remedial action necessary to ensure
<br />protection of human health and the environment with respect to any such substance remaining on
<br />the Property has been taken prior to the date hereof. Furthermore, excepting those situations
<br />where the Grantee, its successors or assigns, hereunder are potentially responsible parties, as
<br />defined by CERCLA, any additional remedial action found to be necessary with respect to any
<br />such substance remaining on the Property after the date hereof shall be conducted by the
<br />United States.
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<br />c. The Grantor shall not incur liability for additional response action or corrective action
<br />found to be necessary after the date of transfer in any case in which the person or entity to whom
<br />the Property is transferred, or other non-Grantor entities, is identified as the party responsible for
<br />contamination of the Property.
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<br />d. Grantor reserves a right of access to all portions of the Property for environmental
<br />investigation, remediation, or other corrective action. This reservation includes the right of
<br />access to and use of, to the extent permitted by law, available utilities at reasonable cost to the
<br />Grantor. These rights shall be exercisable in any case in which a remedial action, response
<br />action, or corrective action is found to be necessary after the date of this conveyance, or in which
<br />access is necessary to carry out a remedial action, response action, or corrective action on
<br />adjoining property. Pursuant to this reservation, the United States, and its respective officers,
<br />agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to
<br />the Grantee or the then owner and any authorized occupant of the Property) to enter upon the
<br />herein described Property and conduct investigations and surveys, to include drilling, test-pitting,
<br />borings, data and records compilation and other activities related to environmental investigation,
<br />and to carry out remedial or removal actions as required or necessary, including but not limited
<br />to the installation, operation, and removal of monitoring wells, pumping wells, and treatment
<br />facilities. Any such entry, including such activities, responses or remedial actions, shall be
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