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2020-166965 Page 4 of 9 12/01/2020 01-42-25 PM 2.2 Improvements. "Improvements" shall mean all buildings, toads, driveways, regradings, and paved parking areas, constructed or placed upon any portion of the Burdened Property. 2.3 Occupants. "Occupants" shall mean Owners and those persons entitled by ownership, leasehold, or other legal relationship to the exclusive right to use and/or occupy all or any portion of the Burdened Property. 2.4 Owner or Owners. "Owner" or "Owners" shall mean the Covenantor and/or its successors in interest, who hold title to all or any portion of the Burdened Property. ARTICLE III DEVELOPMENT, USE AND CONVEYANCE OF THE BURDENED PROPERTY 3.1 Restrictions on Development and Use. Covenantor promises to restrict the use of the Burdened Property as follows: a. No Owner or Occupant of the Property shall willfully act in any manner that will aggravate or contribute to the existing environmental conditions at the Property or interfere with implementation of any remedial action at the Property; b. No Owners or Occupants of the Property or any potion thereof shall drill, bore, otherwise construct, or use well for the purpose of extraction water for any use, including but not limited to, domestic, potable, or industrial uses, unless expressly permitted in writing by the Department. Except as specified above, this Covenant shall not restrict drilling, bating, or excavation for any purpose including, but not limited to: borings for the purpose of testing soils, excavation for foundations or underground utilities; wells for monitoring the quality of water; borings to define the geology; or borings, wells or extraction of oil, petroleum, or other mineral sources. All borings and excavations shall be performed and all wells constructed in conformance with the standards of the Department and shall incorporate practicable efforts to minimize any threat to humans; c. No Owners or Occupants of the Property or any portion thereof shall conduct any excavation work on impacted soil on the Property without approval by the Department. Any contaminated soils brought to the surface by grading, excavation, trenching, or backfilling shall be managed by Covenantor or his agent, or Owners or Occupants of the Property in accordance with all applicable provisions of local, state, and federal law d. Owner shall endeavor to minimize exposure of workers at or about the Property to impacted soil and groundwater; e. No hospitals shalt be permitted on the Burdened Property; f. No schools for persons under 21 years of age or playgrounds shall be permitted at the Burdened Property except the current existing office building.