Archer Daniels Midland Company

The Property is subject to the following activity and use limitations: (a) The Property shall not be used for residential purposes, childcare facilities or school use (Preschool - 12th grade), or any land use where persons can be expected to reside. (b) Extraction and use of groundwater underlying the Property, except for investigation or remediation approved by the NDEE, is prohibited. Installation of any new wells for remediation or investigation must be done in accordance with an NDEE-approved work plan. Disturbance of investigation or remediation wells will be prohibited without prior notification and approval from NDEE. (c) Any ground intrusive work (including, but not limited to excavation, digging, drilling) is prohibited in the area bordered in a bolded black line in the inset in Exhibit C (from Figure 2-16A of the approved RAP), unless actual notice is provided in advance, both verbally and in writing, to any person or entitiy 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 Environmental Covenant to any individual responsible for the intrusive work. Copies of any such written notice shall be maintained for a period of at least 5 years and shall be provided to the Agency upon request.