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ENVIRONMENTAL AGREEMENT REGARDING REAL ESTATE THIS ENVIRONMENTAL AGREEMENT REGARDING REAL ESTATE (the "Agreement ") is made and entered into by and between South Bend Redevelopment Commission (the "Commission ") and DATA REALTY NORTHERN INDIANA, LLC a limited liability company existing under the laws of the State of Indiana ( "DRNI "). WHEREAS, the Commission and DRNI are parties to a certain Contract for Purchase and Sale (the "Purchase Agreement") for the sale by the Commission and purchase by DRNI of certain property located in the Ignition Park Planned Unit Development ( "IPPUD ") referenced in paragraph 1 of Purchase Agreement and described completely in Exhibit A to the Purchase Agreement, containing five (5) acres more or less (the "Property "); and WHEREAS, DRNI intends to construct a data warehousing facility (the "Facility ") on the Property; and WHEREAS, the Purchase Agreement, at paragraph 6(a), provides, among other things, that DRNI will purchase the property "AS IS WHERE IS" and without any representations or warranties as to the condition of the Property, and that neither party is indemnifying the other regarding condition of the Property, but that DRNI may, after inspection of the Property and before Closing, terminate the Purchase Agreement in its sole and subjective discretion; and WHEREAS, after the Purchase Agreement was executed, the Commission produced environmental site assessments for the Property indicating certain environmental remediation has been initiated at the Property but that contamination remains in the groundwater at and/or under the Property in certain instances in excess of the Indiana Department of Environmental Management's ( "IDEM ") industrial clean-up criteria and "vapor intrusion" screening levels; and WHEREAS, DRNI will be taking steps to qualify as a Bona Fide Prospective Purchaser (`BFPP ") under CERCLA and analogous Indiana laws and intends to apply for a "comfort letter" from the Indiana Finance Authority's Brownfields Program (the ` Brownfields Program ") that details DRNI's liability protection for pre- existing contamination at the Property and the "continuing obligations" DRNI must satisfy to maintain its BFPP liability protections under CERCLA and analogous Indiana Laws (the "Comfort Letter "); and NOW, THEREFORE, for and in good consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Existing; Environmental Conditions. DRNI acknowledges that there are certain environmental defects on, at, or under the Property, including without limitation, groundwater contamination, which is in excess of the Indiana Department of Environmental Management's ( "IDEM ") clean-up criteria or screening levels ( "Existing Environmental Conditions "), as described in the July 27, 2011 letter from Doug Stuart, Hull & Associates, to Ann Kolata, South Bend Department of Community and Economic Development, a copy of which is attached hereto, together with all attachments and enclosures referenced in that letter, copies of which have been provided to and reviewed by DRNI.