Malnove Incorporated

(A) The Property shall only be used for industrial or commercial purposes; provided, however, the Property specifically shall not be used for childcare, preschool, dormitory, nursing home facilities, or any land use which would result in unacceptable exposures to the remaining contamination unless otherwise approved by the Agencies. (B) Groundwater beneath the Property shall not be extracted for human or animal use, except that groundwater may be extracted for the purpose of obtaining analytical samples. (C) No person shall remove or make subsequent changes to the warehouse addition and concrete floor described in paragraph D in the Recitals except in accordance with and subject to the requirements of the RCRA permit. (D) Soil disturbance and digging in the area of the warehouse addition beyond surficial landscape activities within three feet of the surface is restricted, except as necessary to maintain or repair existing underground utilities, unless otherwise approved by the Agencies.