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<br />e <br /> <br />e <br /> <br />-7- <br />assumes all risk of its proposed use of the Easement, which shall be <br />consistent with Texas and Federal statutes and regulations touching <br />upon permitted uses of former sanitary landfills. Grantee and <br />Grantor understand and agree that Grantor has made no <br />representations with regard to the environmental condition of the <br />Property. Grantee assumes the risk that the geophysical condition <br />of the Property is sufficient for Grantee's intended use. <br />13. Notwithstanding anything contained in Paragraph 9 or <br />elsewhere herein to the contrary, Grantee has made no environmental <br />investigation of the Property and does not assume responsibility for <br />any liability or obligation arising out of pollution or <br />contamination of the Property except for that which is caused by <br />Grantee's release of pollutants or contaminants during the term of <br />the Easement. <br />14. Both Grantor and Grantee reserve all respective rights and <br />defenses with regard to liabilities and obligations arising out of <br />the former's use of the Property as a sanitary landfill or waste <br />disposal area. Specifically, both Grantor and Grantee reserve their <br />rights with respect to contribution and/or indemnification for costs <br />or expenses associated with removal or remediation of contaminated <br />soils or groundwater where such contamination arises out of or <br />results from the prior use of the Property as a sanitary landfill or <br />solid waste disposal area. <br />15. Grantee shall have all other rights, titles, privileges, <br />interests and benefits necessary for the full enjoyment and use of <br />the rights granted to Grantee under this Agreement. This Agreement <br />is SUBJECT TO the terms and provisions of an Easement Agreement <br />