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FARMINGTON GROUNDWATER RECHARGE PROGRAM DACW05-01-D-0013 <br /> 4. All tools, equipment, and other property taken upon or placed upon the land by the <br /> Government shall remain the property of the Government and may be removed by the <br /> Government at any time within a reasonable period after the expiration of this permit. <br /> 5. If any action of the Government's employees or agents in the exercise of this right- <br /> of-entry results in damage to the real property, the Government will, at its option, either repair <br /> such damage or make an appropriate settlement with the Owner. In no event shall such repair or <br /> such settlement exceed the fair market value of the fee title to the real property at the time <br /> immediately preceding such damage. The Government's liability under this clause is only to the <br /> extent provided by Congress in the Federal Tort Claims Act (28 U.S.C. Sec. 2671 et seq) and <br /> may not exceed appropriations available for such payment. Nothing contained in this agreement <br /> may be considered as implying that Congress will at a later date appropriate funds sufficient to <br /> meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner <br /> may have to make a claim under applicable laws for any other damages than provided herein. <br /> WITNESS MY HAND this 137► day of Tvl� , 2COq <br /> BY: <br /> --------------------------------------------------------------------------------------------------------------------------- <br /> ACCEPTED <br /> UNITED STATES OF AMERICA <br /> BY: <br /> Marvin D. Fisher <br /> Chief Real Estate Division <br /> Date: <br /> Page 2 of 2 <br />