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Mr. Timothy I. Mehall November 7, 2012 Page 12 in paragraph 10 or May 1, 2013. Provided that Lessee is diligently and in good faith pursuing the comfort letter but IDEM has not issued the comfort letter by May 1, then the Possession and Commencement Date shall be changed to the sooner of IDEM granting the comfort letter referred to in paragraph 10 or August 31, 2013. If the comfort letter has not been received by August 31, 2013, then Lessee shall have the option to accept the Premises at that time without the comfort letter or terminate the lease. 8. Condition of Premises: Lessee shall accept the Premises in its existing and "as is" condition with the exceptions that Lessor shall be responsible at its sole cost and expense to (i) ensure the electrical service to the Premises serves the Premises exclusively, (ii) obtain from IDEM, if Honeywell fails to do so, a No Further Action letter /Certificate of Completion/Covenant Not To Sue and (iii) indemnify Lessee from and against any responsibility for the existing condition of the Premises with respect to environmental matters for a period of thirty five (35) years from the date of Commencement of Term. Lessee shall indemnify Lessor from environmental conditions on the Premises first existing after lessee occupies the Premises that are caused by Lessee or Lessee's operations or business at the Premises. Lessee and Lessor each hereby acknowledge that (i) there is existing contamination on the Premises and (ii) the party performing remediation of such contamination will continue to have access to the Premises for such remediation, during the time period specified and to the extent set out on Schedule I to this letter of intent. 9. Incentive: Lessor shall provide, subject to requirements of Indiana law, Lessee an allowance of Two Hundred Fifty Thousand dollars ($250,000) to be used toward the cost of building improvements or renovations. Any qualifications for the allowance shall be disclosed by the City to Lessee prior to the Commencement. 10. Contingencies: Lessee shall have thirty (30) days from the date of execution of this letter to receive approval from its commercial lender. Any conditions by the City upon the Incentive provided for in paragraph 9 above will be satisfactory to Lessee. Lessor shall provide Lessee with a commitment for a policy of Leasehold Title Insurance from Meridian Title Insurance satisfactory to Lessee.