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(2) <br />DEPARTMENT OF THE ARMY <br />Right -of -Entry for Environmental <br />Assessment and Response <br />Defense Environmental Restoration Program, <br />Site No. 104FL0063 Fort Pierce Naval Amphibious <br />Training Base, Indian River, Florida <br />Project,Installation or Activity <br />Tract Number or Other Property Identification) <br />The undersigned, herein called the"Owner," in consideration for the mutual <br />benefits of the work described below, <br />hereby grants the UNITED STATES OF AMERICA, hereinafter called the <br />"Government," a right -of -entry upon the <br />following terms and conditions. <br />1.The Owner hereby grants to the Government the right to enter in, on,over <br />and across the land described below, <br />for use by the United States, its representatives, agents,and contractors, and <br />assigns, as a work area for environmental <br />investigation and response. The work to be performed by the Government may <br />include, but is not limited to, surveying <br />with a metal detector or other instrument for evidence of the presence of military <br />munitions and munitions debris, <br />digital geophysical mapping of metal anomalies, removal of selected <br />anomalies/munitions,creation of exclusion zones <br />during the performance of the work, and obtaining environmental samples. Said <br />right -of -entry shall remain in effect <br />until the completion of this work or by December 31, 2017,whichever is first, at <br />which time it will expire automatically. <br />2.AII tools,equipment, and other property taken upon or placed upon the <br />land by the Government shall remain the <br />property_of the Government and will be removed by the Government upon <br />completion of the work. <br />3. If any action of the Government's employees or agents in the exercise of <br />this right -of -entry results in damage to <br />the real property,the Government will, in its sole discretion, either repair such <br />damage or make an appropriate <br />settlement with the Owner. In no event shall such repair or settlement exceed the <br />fair market value of the fee title to <br />the real property at the time immediately preceding such damage.The <br />Government's liability under this clause is subject <br />to the availability of appropriations for such payment, and nothing contained in <br />this agreement may be considered as <br />implying that Congress will at a later date appropriate funds sufficient to meet <br />deficiencies. The provisions of this clause <br />are without prejudice to any rights the Owner may have to make a claim under <br />