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6. Commission Responsibility for the Incremental Cost of Handling Unsuitable Materials at the Property. The Commission agrees to reimburse DRNI for the reasonable costs related to the movement, excavation, handling, storage, sampling, treatment and/or disposal of Unsuitable Materials, as defined herein, removed from the Property or relocated on the Property in the course of pre - construction or construction activities of the Facility necessary to comply with applicable laws and regulations (the "Incremental Costs "), but only to the extent such Incremental Costs would not be incurred by DRNI for preconstruction or construction activities at another property which has not been used for industrial purposes or has no environmental defects. The Commission shall have the right to review and approve any and all activities or plans that may result in such Incremental Costs in order to minimize such Incremental Costs, provided that if the Commission objects to any such activities, plans or Incremental Costs, the Commission shall propose an alternative that is consistent with: a) all applicable federal and Indiana laws, including without limitation, implementing regulations and guidance; and b) DRNI's redevelopment and use of the Property. The Commission's review of activities and plans that may result in Incremental Costs shall not exceed fifteen'(15) business days and approval shall not be unreasonably withheld. "Unsuitable materials" means any materials that would not be reasonably expected to be found during an excavation for preconstruction or construction activities at a Property that has not been used for industrial purposes or has no environmental defects, including without limitation, contaminated soil or groundwater. 7. Commission Responsibility for Additional Costs of Obtaining Comfort Letter. Except for the expense of obtaining a new Phase I Environmental Site Assessment ( "Phase I ") at the Property and $1,000.00 for the expense of legal review of that Phase I, the Commission shall reimburse DRNI for any additional costs, including without limitation, environmental testing or other measures, deemed necessary by IDEM or the Indiana Finance Authority Brownfields Program, either on the Property or off -site, as a condition for granting the Comfort Letter to DRNI or as a necessary condition for DRNI to maintain liability protections provided in the Comfort Letter. 8. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original with counterparts signed by one party when combined with counterparts signed by other parties to this Agreement constituting an original contract. 9. Paragraph Headings. This Agreement shall be construed without reference to paragraph headings which are inserted only for convenience of reference. 10. Controlling Effect of This Agreement. To the extent that any provision in this Agreement conflicts with any provision of the Purchase Agreement, this Agreement shall control. 3