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2oo9os9o~ <br />no significant amounts (defined as not enough to present an explosive safety hazard.) of <br />contamination remain. At the SX level, the property does not pose an explosive safety hazard <br />and is considered safe fox sale to the general public. <br />(h) As a result of these efforts, the property within the boundary of Load Line 4 <br />received SX certification, except for the boiler house, which was demolished in 2005 and <br />was excluded from the scope of work for MEC clearance efforts. In 2005, field testing in the <br />boiler house indicated that there was no explosive contamination or residue present. Asbestos- <br />containing materials were removed from the boiler house and the boiler house building was <br />demolished that same year. Following demolition, the soil under the former bailer house <br />location was field tested for the presence of explosives. Na explosive contamination or residue <br />was present in the soil. In 2005-2006, the buildings that remained at the load line were <br />disassembled, demolished, and decontaminated. Fallowing demolition of the buildings, the soil <br />under the former building locations was tested to determine if the explosives content of the soil <br />exceeded 10% (levels above this are considered explosive safety hazards). Any soil exceeding <br />this level was remediated. A summary of MEC discovered on the Property is provided in <br />Exhibit "C," attached hereto and made a part hereof. <br />3. The Grantor represents that, to the best of its knowledge, no MEC is currently <br />present an the Property. Natwithstandingthe Grantor's determination, the parties acknowledge <br />that there is a possibility that MEC may exist an the Property. If the Grantee, any subsequent <br />owner, or any other person should find any MEC on the Property, they shall immediately stop <br />any intrusive or ground-disturbing work in the area or in any adjacent areas and shall not attempt <br />to disturb, remove or destroy it, but shall immediately notify the Local Police Department so that <br />appropriate explosive ordnance disposal personnel can be dispatched to address such N1EC as <br />required under applicable law and regulations. <br />4. Easement and Access Rights. <br />(a) The Grantor reserves a perpetual and assignable right of access an, over, and <br />through the Property, to access and enter upon the Property in any case in which a munitions <br />response action is found to be necessary, or such access and entrance is necessary to carry <br />out a munitions response action on adjoining property. Such easement and right of access <br />includes, without limitation, the right to perform any additional investigation, sampling, testing, <br />test-pitting, surface and subsurface clearance operations, or any other munitions response action <br />necessary for the United States to meet its responsibilities under applicable laws and as provided <br />for in this Deed. This right of access shall be binding on the Grantee, its successors and assigns, <br />and shall run with the land. <br />(b) In exercising this easement and right of access, the Grantor shall give the Grantee <br />or the then record owner, reasonable notice of the intent to enter an the Property, except in <br />emergency situations. Grantor shall use reasonable means, without significant additional cost <br />to the Grantor, to avoid and/or minimize interference with the Grantee's and the Grantee's <br />10 <br />