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l001 %7 841681 <br />2. The USBR acknowledges that in the Deed, the CWCB reserved to the CDPHE, the DOE, <br />and their employees, agents and contractors (a) the right of access to the Property as may be <br />necessary to complete activities under the UMTRCA and for other lawful purposes; and (b) the <br />right to use the V.C.A. - Animas Pipeline Water Right Priority No. 1968 -1, described above, as <br />may be necessary to perform ground water remediation and any other activities as may be <br />necessary to fulfill the requirements of UMTRCA, until such time as the CDPHE and the DOE <br />determine that all remedial activities are complete. <br />3. The USBR covenants (i) not to use the Property for any purpose other than public <br />purposes as required by UMTRCA, 42 U.S.C. § 7901 et sea.• as amended; (ii) not to use ground <br />water from the site for any purpose and not to construct wells or any means of exposing ground <br />water to the surface, unless prior written approval is given by the CDPHE and the DOE; (iii) not <br />to transfer the Property to anyone other than a governmental entity within the State of Colorado; <br />(iv) not to perform construction of any kind on the Property unless prior written approval of <br />construction plans, designs and specifications is given by the CDPHE and the DOE; (v) that any <br />habitable structures constructed on the Property shall employ a radon ventilation system or other <br />radon mitigation measures; and (vi) that Grantee's use of the Property shall not adversely impact <br />ground water quality nor interfere with ground water remediation under UMTRCA. <br />4. The CWCB, its contractors, agents, or employees shall not be liable to the United States, <br />its agents, employees, assignees, subtenants, invitees, patrons or any other person whomsoever, <br />for injury to or death of any person or damage to or loss of property in, upon or adjacent to the <br />land subject to the Easement which may arise by reason of or in connection with the USBR's <br />development, use or occupancy of the subject land during the term hereof; nor the development, <br />use or occupancy thereof by any persons doing so by, through or under the USBR or with its <br />permission, express or implied. <br />5. These covenants are made in favor and to the benefit of the CWCB and the CDPHE, shall <br />run with the land and be binding upon the USBR and its successors and assigns, and shall be <br />enforceable by the CWCB and the CDPHE and their successors and assigns. <br />6. The USBR acknowledges it has read the Land Annotation attached as Exhibit C, that the <br />property was once used as a uranium milling site,, and that the CWCB makes no representations <br />or warranties that the property is suitable for the USBR's purposes. <br />Page 4 of 5 <br />