6B(8) Contract for Sale of Land with Oliver Park Partners

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"no further action" letter, that covers the Property and the contaminates currently present at, in or under the Property and provides that no additional removal or remediation is required at the Property Site. In consideration for the indemnity from the Commission, the Company hereby covenants not to sue the Commission under any common law or statutory cause of action (except for an action to enforce this indemnification), now existing or available in the future for any and all costs, expenses, fees, liabilities or obligations attributable to a voluntary effort by the Commission, its officers, members, employees of the City of South Bend, or their agents to investigate, contain, cleanup, remove, treat, or in any way address soil and groundwater contamination existing prior to or at the time of closing and located in, at, under (including the groundwater) or upon or released from the Property. The Company hereby represents and warrants that their post- closing activities shall not involve the use, generation, processing, treatment or storage of any hazardous substances unless such activities are conducted in material compliance with applicable environmental laws and further shall not include the disposal of hazardous. substances into or upon the Property. (b) In the event Company exercises its right to indemnification, pursuant to paragraph 6(a) of this Agreement, against the Commission, the Company shall provide reasonable access by the Commission to the Property in order to conduct reasonably necessary soil and groundwater testing (the "Testing "). In the absence of an emergency, the Commission will provide Company five (5) business days notice of the need for the Testing, and will take reasonable steps to prevent disruption of the Company's use of the Property. (c) The Company warrants it will use the Property consistent with current zoning. This use shall be supported by the construction of an approximately 40,000 square foot building for lease to ABC Supply Company. (d) The Company agrees it will convey back the Property to the Commission in the event it (i) fails to obtain a Building Permit within six (6) months after the date of this Agreement consistent with paragraph 6(b) above; or (ii) fails to develop the Property pursuant to paragraph 6(b) above within three (3) years of the date of this Agreement. The Commission will pay to the Company the cash amount of the purchase price herein. (e) The Company shall not discriminate on the basis of race, color, creed, sex, or national origin in the sale, lease, rental, use or occupancy of the Property. B. It is understood that there is a distinct likelihood that the Company, or its designated agent, may incur additional expense due to the former industrial character of the 3