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use the Property for any other purpose other than the Permitted Use without the prior written
<br />consent of the Commission, which consent shall not be unreasonably withheld. Notwithstanding
<br />the foregoing, Curtis may lease the Property to third - parties as long as lessee's use is consistent
<br />with the Permitted Use. The Commission has confirmed with Honeywell that Honeywell does
<br />not consider the operation of an onsite cafeteria, the primary purpose of which is food service for
<br />Curtis employees and guests to be a prohibited "bulk food storage or processing" under the
<br />property use restrictions set forth in the ERA. The Parties recognize that from time to time Curtis
<br />may need clarification regarding whether specific proposed activities qualify as a Permitted Use.
<br />The Commission agrees that when questions exist as to whether a specific proposed activity is
<br />considered a Permitted Use, written confirmation from Honeywell shall qualify the proposed
<br />activity as a Permitted Use. When specific activities are proposed by Curtis, the Commission
<br />will use best efforts to obtain timely written confirmations from Honeywell regarding whether
<br />specific activities are deemed a Permitted Use.
<br />Curtis also specifically agrees not to extract or use groundwater under, in, or about the
<br />Property for any purpose other than Remediation Work, unless the Commission in its sole
<br />discretion consents in writing to such other use.
<br />Curtis shall not alter, change, modify, damage or disturb any Engineering Controls or
<br />Institutional Controls without the Commission's written consent, which consent shall not be
<br />unreasonably withheld. In the event Curtis alters, changes, modifies, damages or disturbs any
<br />Engineering Controls or Institutional Controls, with or without the Commission's consent, Curtis
<br />shall be responsible, at Curtis's sole cost and expense, for (i) restoring as near as reasonably
<br />possible such Engineering or Institutional Controls to their pre- existing condition, and (ii) any
<br />additional Remediation Work necessitated by any such alteration, change, repair, modification,
<br />damage or disturbance.
<br />12. Sampling and Tests. To the extent required by the Honeywell ERA, Curtis agrees
<br />that it shall not, directly or indirectly, either itself or through its agents, employees or contractors,
<br />conduct, order, or permit any sampling, tests or inspections relating to the possible presence of
<br />Hazardous Substances contamination of any soil, water, aquifer or other environmental media in,
<br />on, or under, or in the vicinity of the Property unless required by law (including but not limited
<br />to any sampling, testing, or inspections required in connection with any improvements to be
<br />constructed from time to time on the Property). This paragraph notwithstanding, in an
<br />emergency, Curtis will notify the Commission in writing of any additional desire for sampling,
<br />testing, or inspections and the basis for its request. The Commission may thereafter, in its
<br />reasonable discretion, determine whether and how to (i) permit Curtis to perform such sampling,
<br />testing, or inspections; or (ii) conduct any sampling, testing, or inspections, using such
<br />environmental consultants of the Commission's choice, and provide split samples for
<br />independent analysis by Curtis or its consultant at Curtis's expense.
<br />13. Assignment. Upon written notice to the Commission, Curtis may assign its
<br />rights under this Environmental Agreement to any future interest holder in the property provided
<br />that:
<br />(i) The proposed assignee assumes in writing all the obligations of Curtis under this
<br />Environmental Agreement; and
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