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and in compliance with all applicable laws, rules, regulations, ordinances, permits and guidelines; and (b) Restoration of the Property, pursuant to paragraph 5 below. 2. Conditions of Entry. The exercise by DHOOT of the right of temporary entry granted herein shall be expressly subject to the following terms and conditions: (a) Any entry upon the Property by DHOOT or its representatives for Investigation Activities shall require prior notification to and the consent of Owner and shall be subject to the other terms and conditions of this Agreement. Notice shall include a copy of the Work Plan for on-site Investigation Activities, testing procedures and a list of constituents to be analyzed. Such Work Plan shall be delivered in accordance with the terms of paragraph 9 as soon as approved by the governmental agency or board, but in no event shall DHOOT or its representative provide Owner less than five (5) business days prior written notice before commencing the Investigation Activities on the Property. Such notice shall set forth the exact day and time when Investigation Activities are proposed to occur. Owner shall notify DHOOT within two (2) business days of receipt of said notice as to whether DHOOT's scheduled date and time for the Investigation Activities are acceptable. In the event the proposed date and time are unacceptable to Owner, Owner agrees to cooperate with DHOOT in scheduling a substitute date. DHOOT shall not undertake Investigation Activities on the Property unless Owner's environmental consultant is present on the Property. DHOOT represents that the Investigation Activities will take no longer than thirty (30) business days to complete. (b) The exercise of the right of temporary entry granted herein by DHOOT and its representatives shall not interfere with the use and enjoyment of the Property by Owner, or any employees, tenants, customers, clients, patrons, invitees or guests of Owner or the business operations of such parties. DHOOT shall perform the Investigation Activities to the extent practicable so as to minimize interference with the business conducted on the property By Owner. To the extent that interference does occur, DHOOT shall be liable for all reasonable costs associated with such interference. RIGHT OF ENTRY AGREEMENT P. 3 OF 9