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to the Indemnity set forth herein based on Union Station's actual or constructive knowledge of the existence or potential existence of environmental defects on, at, or under the Property. 12. Board Responsibility for Additional Construction Costs. The Board agrees to reimburse Union Station for the reasonable costs of additional preconstruction and construction work required by IDEM or another applicable governmental authority due to the Existing Environmental Conditions or other contamination by Hazardous Materials covered by the Indemnity (the `Incremental Costs "), but only to the extent such Incremental Costs would not be incurred by Union Station for preconstruction or construction activities at another property which was not contaminated by such Hazardous Materials. The Board acknowledges that Union Station is considering the use of a portion of the Ivy Tower Building above the 5'h Floor for residential use. This paragraph, however, shall not apply to, and the Board shall have no obligation to pay for, any costs associated with any additional reconstruction or construction work related to residential use that is performed above the 4' Floor of the Ivy Tower Building. The Board 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 Board objects to any such activities, plans or Incremental Costs, the Board shall propose an alternative that is consistent with: a) all applicable federal and Indiana laws, including without limitation, implementing regulations and guidance; and b) Union Station's redevelopment and use of the Property. The Board's review of activities and plans that may result in Incremental Costs shall not exceed 30 business days and approval shall not be unreasonably withheld. 13. Board Responsibility for Additional Costs of Obtaining Comfort Letter. Union Station shall use commercially reasonable efforts to (i) qualify as a BFPP under CERCLA and analogous Indiana laws and (ii) to obtain a Comfort Letter from the Indiana Finance Authority's Brownfields Program detailing Union Station's liability protection for pre- existing contamination at the Property and the continuing obligations Union Station must satisfy to maintain its BFPP liability protections under CERCLA and analogous Indiana Laws. All costs of applying for and maintaining the Comfort Letter shall be Union Station's sole responsibility. Notwithstanding the foregoing, if IDEM or the Indiana Finance Authority Brownfields Program require environmental investigation or remediation work, either on the Property or off -site as a condition for granting the Comfort Letter or as a necessary condition to maintain the liability protections provided therein, Union Station shall promptly notify the Board in writing and the Board shall determine in its sole discretion whether (i) the Board will have the required work performed by an environmental consultant of its choice; (ii) Union Station should perform the work with the Board reimbursing Union Station for all reasonable costs; or (iii) the Board will release Union Station from its obligation hereunder to seek the Comfort Letter and BFPP status after which time Union Station will be solely responsible for any additional costs it incurs to obtain any of the protections outlined in this Paragraph. In the event of subparagraph (iii), the Board will reimburse Union Station up to $15,000 for legal costs and up to $15,000 for all other costs including environmental consultant's costs. 14. Assignment of A.a_reement. This Agreement is personal to Union Station but may be assigned by Union Station (or any other person) subject to the express written approval of the Board, which approval shall not be unreasonably withheld. 7