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