Loveland Products, Inc.

The Property is subject to the following Activity and Use Limitations: (a) The Property. The Property (including for clarification, the Property Excluding the Western Area and the Restricted Area) shall not be used for residential purposes, which include but are not limited to: single family homes, duplexes, multiplexes, apartments, condominiums, schools, dormitories, retirement or senior/child-care centers, or any land use where persons can be expected to reside. (b) Property Excluding the Western Area. The Property Excluding the Western Area (including for clarification the Restricted Area) is subject to the following activity and use limitations: (i) Disturbance of monitoring wells shall be prohibited without prior notification and approval from the Agency. (ii) Except for the purposes of investigation or remediation approved by the Agency, extraction and use of groundwater underlying the Property Excluding the Western Area is prohibited. (iii) Installation of any new groundwater wells on the Property Excluding the Western Area is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with an Agency-approved work plan. (iv) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) is prohibited in the Property Excluding the Western Area unless actual notice is provided in advance, both verbally and in writing, to any such person or entity performing any work that may result in exposure to such soil or groundwater, so that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations. Such notice shall include, but not be limited to, providing a copy of this Covenant to any individuals responsible for the intrusive work. Copies of any such written notice shall be maintained for a period of at least 10 years and shall be provided to the Agency and/or Holder upon request. (c) Restricted Area. The Restricted Area is subject to the following activity and use limitations (i) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) is prohibited in the Restricted Area unless conducted in accordance with the Soil/Material Management Plan, NDEE document ID 2019-0057417, approved by the NDEE on August 19, 2019. (ii) Disturbance of the surface soil, gravel and/or concrete covering the Restricted Area, shall be prohibited without prior notification and approval from the Agency.