Access Agreement - Redevelopment and Studebaker Admin - Studebaker Admin Building

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City is required to perform under this Agreement. This license to access the Property and the Building shall continue for as long as is necessary to complete the Abatement. The City will provide Developer with reasonable prior notice of any required access to the Building and the Property. 9. Exposure Controls. Developer acknowledges that in the City's performance of any Abatement required under this Agreement, the City may propose applying corrective action standards (including, without limitation, risk -based corrective action standards) and/or the use of exposure controls, which are predicated on the assumptions that (i) the Property will be used for commercial and residential purposes, and (ii) no water wells used to supply water for human consumption, farming, or irrigation will be installed or used on the Property. Subject to the foregoing, Developer acknowledges and agrees to accept any such real property covenants, restrictions, or environmental notices that are required or permitted by IDEM or any other applicable governmental authority as part of a particular remediation plan to address Hazardous Materials contamination (collectively, a "Restrictive Covenant"). The parties agree that such Restrictive Covenant shall be set forth in an appropriate instrument approved by IDEM or other applicable governmental authority to be recorded in public records as part of any remediation plan that the City formally proposes to address Hazardous Materials at the Property. 10. Assignment of Agreement. This Agreement may not be assigned by either Party except with the prior written consent of the other Party, which consent shall not be unreasonably withheld. 11. No Third Party Benefit. This Agreement is not intended to inure to the benefit of any third party, against whom the Parties reserve any and all rights, claims and defenses. 12. Notices. All notices to be given under this Agreement shall be in writing and shall be deemed to have been given and served when delivered in person, by Federal Express, UPS or similar overnight carrier, or by depositing in the United States mail, postage pre -paid to the address set forth below or such other address as either party may have last specified by written notice to the other: If to the City: South Bend Department of Community Investment c/o Executive Director 1400 County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 With a copy to: City of South Bend Corporation Counsel 1200 County -City Building 227 W. Jefferson Blvd. Page 4