Common use of Institutional and Controls Clause in Contracts

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, ; and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Kings Site No: C224147 Xxxxxxxxxx Cleanup Agreement Index : C224147-05-l 1 as last amended October 14, 2016 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1. 8(g)(2)(i), and the above-�stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held County: Kings Site No: C224147 Xxxxxxxxxx Cleanup Agreement Index : C224147-05-l I as last amended October 14, 2016 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that:that:‌ (1I) the inspection of the site to confirm the effectiveness erfectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Kings Site No: C224205 Xxxxxxxxxx Cleanup Agreement Index : C224205-02-15 as amended July 13, 2018 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New ofNew York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this ofthis Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying ofcomplying with the SMP and obtaining an up-to-date version of the SMP from: ' Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: Environmental Easement Page 3 County: Kings Site No: C224205 Xxxxxxxxxx Cleanup Agreement Index : C224205-02-15 as amended July 13, 2018 This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC theNYSDEC may find acceptable certifying under penalty of perjuryofperjury, in such form and mariner manner as the Department may require, that:that:‌ (1) the inspection of the ofthe site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the ofthe site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Oswego County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Oswego Site No: E738040 State Assistance Contract : C303843 (8) Monitoring to assess the performance perfonnance and effectiveness of the remedy must be performed perfonned as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed perfonned as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential, Restricted Residential or Commercial purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(i), (ii) and (iii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination detennination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's ' s statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Oswego Site No: E738040 State Assistance Contract : C303843 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the ofthe site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) : are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Monroe County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Monroe Site No: 828177 Order on Consent Index : C08-2011-10022 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Cattaraugus County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; ; . County: Cattaraugus Site No: C905044 Xxxxxxxxxx Cleanup Agreement Index : C905044-09-l 5 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Cattaraugus Site No: C905044 Xxxxxxxxxx Cleanup Agreement Index : C905044-09-15 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1I) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Albany County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Albany Site No: C915277 C401070 Xxxxxxxxxx Cleanup Agreement Index : C915277:C401070-0910-1313 as amended January 8, 2014 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Phone: (000Xxx Xxxx 00000 Phone:(000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation Environmental Easement Page 3 County: Erie Albany Site No: C915277 C401070 Xxxxxxxxxx Cleanup Agreement Index : C915277C401070-0910-13 as amended January 8, 2014 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Clinton County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Clinton Site No: 510024 Order on Consent Index : D5-0001-9905 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential, Restricted Residential or Commercial purposes as defined in 6NYCRR 375-l.8(g)(2)(il.8(g)(i), (ii) and (iii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000Phone:(000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 · County:Clinton Site No: 510024 Order on Consent Index :D5-0001-9905 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls;controls;‌ (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP"'') including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 . County: Erie Site Kings Spill No: C915277 Xxxxxxxxxx Cleanup Agreement Index 0712821 Stipulation Index#: C915277R2-0920081016-13500 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 ·County: Kings Spill No: 0712821 Stipulation Index#: R2-20081016-500 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l. 8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls;controls;‌ (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie Westchester County Environmental Easement Page 2 · County: Westchester Site No: C360079 Xxxxxxxxxx Cleanup Agreement Index : C360079-07-13 as amended December 4, 2015 Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 625Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement Environmental Easement Page 3 ' County: Westchester Site No: C360079 Xxxxxxxxxx Cleanup Agreement Index : C360079-07-l 3 as amended December 4, 2015 is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Bronx Site No: C203088 Xxxxxxxxxx Cleanup Agreement Index : C203088-03-l 7 as amended August 2, 2017 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 County: Bronx Site No: C203088 Xxxxxxxxxx Cleanup Agreement Index : C203088-03-17 as amended August 2, 2017 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site:site:‌ (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposespu.rposes, and the user must first notify and obtain written approval to do so from the Department;; Environmental Easement Page 2 County: Kings Site No: C224151 Xxxxxxxxxx Cleanup Agreement Index : C224151-01-13 (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment extinguishrnent of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without Environmental Easement Page 2 County: Kings Site No: C224232 Xxxxxxxxxx Cleanup Agreement Index : C224232-05-l 6 as amended October 30, 2017 necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i375- l .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP.. Environmental Easement Page 3 County: Kings Site No: C224232 Xxxxxxxxxx Cleanup Agreement Index : C224232-05-l 6 as amended October 30, 2017 E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Dutchess County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Dutchess Site No: C915277 C3 l 4 l 24 Xxxxxxxxxx Cleanup Agreement Index : C915277C3 l 4 l 24-09-1305- l 5 as amended June 15, 2016 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 3753 75-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 County: Dutchess Site No: C314124 Xxxxxxxxxx Cleanup Agreement Index : C314124-05-15 as amended June 15, 2016 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3).l .8(h)(3).‌ (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP)) ; (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Westchester Site No: C915277 C360100 Xxxxxxxxxx Cleanup Agreement Index : C915277C360100- 10-09-1312 as amended December 4, 2015 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption asswnption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments instrwnents of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 County: Westchester Site No: C360100 Xxxxxxxxxx Cleanup Agreement Index: C360100- l 0-12 as amended December 4, 2015 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property.Property.‌ X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Resttficted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial Commetfcial as described in 6 NYCRR Part Patft 375-1.8(g)(2)(iii) and Industrial Industtfial as described desctfibed in 6 NYCRR Part Patft 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie Suffolk County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department;; Environmental Easement Page 2 County: Suffolk Site No: C152204 Xxxxxxxxxx Cleanup Agreement Index : C 152204-1 1-13 (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Oneida County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated Environmental Easement Page 2 County: Oneida Site No: E633060 State Assistance Contract : C303403 contaftinated material must ftust be conducted in accordance with the SMP; (8) Monitoring to assess the performance perforftance and effectiveness of the remedy reftedy must be performed as defined in the SMP; (9) Operation, maintenanceftaintenance, monitoringftonitoring, inspection, and reporting of any mechanical or physical components coftponents of the remedy reftedy shall be performed as defined in the SMP; (10) Access to the site must ftust be provided to agents, employees eftployees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Environftental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment aftendment or extinguishment extinguishftent of this Environmental Environftental Easement. C. The SMP describes obligations that the Grantor assumes assuftes on behalf of Grantor, its successors and assigns. The Grantor's assumption assuftption of the obligations contained in the SMP S MP which may ftay include samplingsaftpling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains reftains a fundamental element eleftent of the DepartmentDepartftent's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified ftodified in accordance with the DepartmentDepartftent's statutory and regulatory authority. The Grantor and all successors and assigns, assume assufte the burden of complying with the SMP and obtaining an up-to-up -to­ date version of the SMP from: Site Control Section Division of Environmental Remediation Reftediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete coftplete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments aftendments to that SMP. E. Grantor covenants and agrees that until such time tifte as the Environmental Easement is extinguished in accordance with the requirements requireftents of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easeftent Page 3 County: Oneida Site No: E633060 State Assistance Contract : C303403 Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Oneida County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Oneida Site No: E633064 State Assistance Contract : C303406 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(iJ .8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Oneida Site No: E633064 State Assistance Contract : C303406 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls;controls;‌ (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Ulster County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed perfonned as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Ulster Site No: C356017 Xxxxxxxxxx Cleanup Agreement Index : AC-0609-0808 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 717 I, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Ulster Site No: C915277 C356017 Xxxxxxxxxx Cleanup Agreement Index : C915277AC-0609-09-13 0808 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (( 1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Monroe County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Monroe Site No: 828074 Order on Consent Index : C08-201 l-10022 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i375- l .8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's ' s statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation Environmental Easement Page 3 County: Erie Monroe Site No: C915277 Xxxxxxxxxx Cleanup Agreement 828074 Order on Consent Index : C915277C08-0920 l l-13 l0022 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Suffolk County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Suffolk Site No: 152230 Order on Consent Index : Al-0649-08-10 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i375- 1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Suffolk Site No: C915277 Xxxxxxxxxx Cleanup Agreement 152230 Order on Consent Index : C915277Al-0649-0908-13 10 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3375- l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.certification;

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP);; County: Monroe Site No: C828126 Xxxxxxxxxx Cleanup Agreement Index : B8-0688-05-04 as last amended September 27, 2017 (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Monroe County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property.· (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii37S-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv); (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP;; County: Nassau Site No: El 30152 State Assistance Contract: C303 148 (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County Department of Health treatment to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the DepartmentDepartment and the Nassau County Department of Health; (5) Groundwater If and to the extent required by the SMP, groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management site management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13in (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring If and to the extent required by the SMP, monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP;; and (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater ofgroundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health ofHealth and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the ofthe Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Bronx Site No: C915277 C203032 Xxxxxxxxxx Cleanup Agreement Index : C915277W2-091072-1305-07 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il. 8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Bronx Site No: C915277 C203032 Xxxxxxxxxx Cleanup Agreement Index : C915277W2-09l 000-13 00-00 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls;controls;‌ (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.. to Enter and

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR NYC R Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)( S (2) All Engineering Controls must be operated operat d and maintained as specified in the Site te Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater ofgroundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health ofHealth and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Environmental Easement Page 2 County: Kings Site No: C224233 Xxxxxxxxxx Cleanup Agreement Index : C224233-06-16 Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation E NYSDEC 625 .Broadway Albany000 Xxxxxxxx xxxxxxxxxx Xxxxxxxxxxx Xxxxxx, New York 12233 Xxx xxx 00000 Phone: (000518) 00002-00009553 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property Environmental Easement Page 3 'County: Kings Site No: C224233 Xxxxxxxxxx Cleanup Agreement Index : C224233-06-l 6 shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; andand‌ (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification certifie tion are in accordance with the requirements of the site remedial re edial program, and generally accepted engineering ngineering practices; and (7) the t e information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 ' County: Erie New York Site No: C915277 C23 l 093 Xxxxxxxxxx Cleanup Agreement Index : C915277C23 l 000-0900-1300 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all al Department approved amendments to the SMP S.rvn> are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor Granter and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. The current Responsible Party to remediate the Controlled Property and implement the S.rvn> is Ceramtec North America Corporation :tlk/a Interceram. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Al Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Orange County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first xxxx notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Orange Site No: 336045 Order on Consent Index: W3-0781-96-06 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated inco orated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled PropertyProper , any lessees and any person using the Controlled Property. (1) The Controlled Property may only be used for: Restricted Residential Industrial uses as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Onondaga County Department of Health to render it safe for use as drinking water or for industrial purposes, and County: Onondaga Site No: 734004 Order on Consent Index: R7-0666-05-l 1 the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting re orting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives represen ives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential, Restricted Residential or Commercial purposes as defined in 6NYCRR 375-l.8(g)(2)(i375;:-l.8(g)(i), (ii) and (iii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the County: Onondaga Site No: 734004 Order on Consent Index : R7-0666-05-l l property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject stfbject to an Environmental Easement held by y the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant purstfant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1I) the inspection of the site to confirm the effectiveness of the institutional and an engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and aThd Industrial as described in iTh 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for County: Queens Site No: C241169 Xxxxxxxxxx Cleanup Agreement Index : C241169-03-15 industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the County: Queens Site No: C241169 Xxxxxxxxxx Cleanup Agreement Index : C241169-03-15 property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental aTh EThvironmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3).. site: (2) the institutional controls and/or engineering controls employed at such site:such (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.. County: Queens Site No: C241169 Xxxxxxxxxx Cleanup Agreement Index : C241169-03-15‌‌

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The portion of the Controlled Property identified in Schedule A as "Track 4 Commercial Area" may be used for: for Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv), and the portion of the Controlled Property described in Schedule A as "Track 4 Restricted-Residential Area" may be used for Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv); (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The portion of the Controlled Property identified in Schedule A as "Track 4 Commercial Area" shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l .8(g)(2)(i) and (ii), the portion of the Controlled Property identified in Schedule A herein as "Track 4 Restricted-Residential Area" shall not be used for Residential purposes as defined in 6NYCRR 6 NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment extinguishrnent of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Environmental Easement Page 3 County: Erie Site No: C915309 Xxxxxxxxxx Cleanup Agreement Index: C915309-0 l -17 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.. Environmental Easement Page 4 County: Erie Site No: C915309 Xxxxxxxxxx Cleanup Agreement Index : C915309-01-17‌

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; County: Queens Site No: C241151 Xxxxxxxxxx Cleanup Agreement Index : C241151-05-14 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; ; (10IO) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that:: County: Queens Site No: C24l l5 l Xxxxxxxxxx Cleanup Agreement Index: C241l5 l-05-14 (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place;place;‌ (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environmentenvirorunent; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, ,run with the land, ,are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law Jaw or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Onondaga County Department of Health to render it safe for use as drinking water or for industrial purposes, ,and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Onondaga Site No: C915277 C734142 Xxxxxxxxxx Cleanup Agreement Index : C915277C734142-0901-13 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, ,its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, ,and providing certified reports to the NYSDEC, ,is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, ,but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, ,New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 71,Title 36 of the ECL, ,the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Onondaga Site No: C915277 C734142 Xxxxxxxxxx Cleanup Agreement Index : C915277C734142-09-13 0l-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, ,licenses, ,or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, ,at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, ,in such form and mariner manner as the Department may require, that: (1I) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8 (g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8 (g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner Environmental Easement Page 2 County: Kings Site No: C224216 Xxxxxxxxxx Cleanup Agreement Index: C224216-06-15 as amended April 8, 2016 defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined defmed in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv)) for that property described in Schedule "A" as "EP #81 LOCATION"; and Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) for that property described in Schedule "A" as "EP #5 LOCATION" (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department;; Environmental Easement Page 2 County: Kings Site No: C224207 Xxxxxxxxxx Cleanup Agreement Index : C224207-03-15 as last amended January 7, 2016 (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: . County: Kings Site No: C224207 Xxxxxxxxxx Cleanup Agreement Index: C224207-03-15 as last amended January 7, 2016 This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be . performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Bronx Site No: C203071 Xxxxxxxxxx Cleanup Agreement Index : C203071-07-14 as amended March 31, 2017 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County Department of Health to render it safe for fot use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; ; County: Erie Site No: C915320 Xxxxxxxxxx Cleanup Agreement Index :C9l 5320-07-l 7 (8) Monitoring to assess the performance and effectiveness of the remedy must · be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Phone: (000Xxx Xxxx 00000 Phone:(000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ttie ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Environmenta Easement held he d by the New York State Departm·ent Department of Environmenta Conservation pursuant to Tit e 36 of Artic e 71 of the Environmenta Conservation Environmental Conservation Easement Page 3 County: Erie Site No: C915277 C915320 Xxxxxxxxxx Cleanup Agreement Index : C915277C915320-0907-13 pursuant to Title 36 of Article 71 of the Environmental Conservation 17 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the ofthe site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls;controls;‌‌ (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the ofthe site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all alJ Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a . manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Richmond Site No: C915277 C24304 l Xxxxxxxxxx Cleanup Agreement Index : C915277C24304 l-03-09-13l 5 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation Environmental Easement Page 3 County: Erie Richmond Site No: C915277 C243041 Xxxxxxxxxx Cleanup Agreement Index Index: C915277C243041 -03-09-13 1 5 pursuant to Title 36 of Article 71 of the Environmental Conservation Law.Conservation X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that:that:‌ (1I) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site NoQueens SiteNo: C915277 C241101 Xxxxxxxxxx Cleanup Agreement Index : C915277A2-090560-130806 as amended May 12, 2017 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the County: Kings Site No: C224 I98 Xxxxxxxxxx Cleanup Agreement Index : C224l 98-02-l 5 Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH theNYSDOH or the Erie County theNew York City County: Queens Site No: C241 l 83 Xxxxxxxxxx Cleanup Agreement lndex : C241183-04- l 6 as amended June 9, 2017 Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department Depai1ment approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iiJ.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Environmental Easement Page 2 County: Bronx Site No: C203039 Xxxxxxxxxx Cleanup Agreement lndex : W2-1108-07-07 Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental ofEnvironmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property Environmental Easement Page 3 County: Bronx Site No: C203039 BrO\:vnfield Cleanup Agreement Index : W2-I I 08-07-07 shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjuryofperjury, in such form and mariner manner as the Department may require, that: (1I) the inspection of the site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without Environmental Easement Page 2 · County: Monroe Spill No: 9970361 necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Monroe County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential, Restricted Residential or Commercial purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(i), (ii) and (iii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP.. · County: Monroe Spill No: 9970361 E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Environmenta Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Environmenta Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without County: Queens Site No: C24 l l 83 Xxxxxxxxxx Cleanup Agreement Index : C24 l l 83-04- l 6 as amended June 9, 2017 necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP.. County: Queens Site No: C24 l l 83 Xxxxxxxxxx Cleanup Agreement Index : C24 l l 83-04-l 6 as amended June 9, 2017 E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Rensselaer County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Rensselaer Site No: C442043 Xxxxxxxxxx Cleanup Agreement Index : C442043-06-l 4 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Westchester Site No: C915277 C360144 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13C360144- 0l -15 as amended June 28, 2016 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (0000 00) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 717 1, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 County: Westchester Site No: C360144 Xxxxxxxxxx Cleanup Agreement Index : C360144- 0l-l5 as amended June 28, 2016 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; andand‌ (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated inco.rporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on binding.on the Grantor and the Grantor's successors and assigns, and are enforceable in law Jaw or equity equjty against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) A. The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial Xxxxxxxxxx as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Broome County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department;; County: Broome Site No: 704031 Order on Consent Index : 00-000-00-00 (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must musl be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All AJI future activities activ.ities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical physica] components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this thjs Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") SMP including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. A. the SMP; (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP);in (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Nassau County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP;; County: Nassau Site No: 130004 Order on Consent Index: Al-0781-11-11 dated June 21, 2012 (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated contaThinated material must Thust be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must Thust be performed as defined in the SMP; (9) Operation, maintenanceThaintenance, monitoringThonitoring, inspection, and reporting of any mechanical Thechanical or physical components of the remedy reThedy shall be performed as defined in the SMP; (10) Access to the site must Controlled Property Thust be provided to agents, employees eThployees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental EasementEaseThent. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 6 NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment aThendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may Thay include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume assuThe the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department DepartThent approves for the Controlled Property and all Department-DepartThent approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement EaseThent is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: Environmental EaseThent Page 3 County: Nassau Site No: 130004 Order on Consent Index: Al-0781-11-11 dated June 21, 2012 This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site Controlled Property to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3375- l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such siteControlled Property: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-Department approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment;environment;‌ (3) the owner will continue to allow access to such real property Controlled Property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Westchester Site No: C360083 BrownfieldCleanup Agreement Index: A3 -0572 - l006 as amendedAugust2 1, 20 17 Property must be mustbe reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be mustbe conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Oneida County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Oneida Site No: E633063 State Assistance Contract : C303408 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. Environmental Easement Page 2 County: Suffolk Site No: 152119 Order on Consent Index Number: Wl-1031-04-10 These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) A. The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Suffolk County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii1.8(g)(2)(ili) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Cattaraugus County Department of Health to render it safe for use as drinking water or for industrial industiial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent pe1iinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; ; Environmental Easement Page 2 County: Cattaraugus Site No: C905042 Xxxxxxxxxx Cleanup Agreement Index : C905042-02-14 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Schenectady County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the ofthe Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the ofthe remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in Environmental Easement Page 3 County: Schenectady Site No: C447043 Xxxxxxxxxx Cleanup Agreement Index : C447043- 08-10 as amended May 12, 2016 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375: Environmental Easement Page 4 County: Schenectady Site No: C447043 Xxxxxxxxxx Cleanup Agreement Index : C447043- 08-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification10 as amended May 12, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.2016

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Suffolk County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Suffolk Site No: V00338 Voluntary Cleanup Agreement Number : Dl-0010-00-09 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed per formed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i375- l .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Suffolk Site No: V00338 Voluntary Cleanup Agreement Number : D l-0010-00-09 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment;environment;‌‌ (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv), including passive recreational uses, which are public uses with limited potential for soil contact. (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Albany County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP;; County: Albany Site No: 401044 Order on Consent Index : A4-0416-0003 (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying ofcomplying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: Environmental Easement Page 3 County: Albany Site No: 401044 Order on Consent Index : A4-0416-0003 This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3).1.8(h)(3).‌ (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assignsassi s, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) A. The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All AU Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without Environmental Easement Page 2 County: Ontario Site No: C835027 Xxxxxxxxxx Cleanup Agreement Index : C835027-02-l 7 necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Ontario County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed perfonned as defined in the SMP; (6) Data and information infom1ation pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance perfomrnnce and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption asswnption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all aIJ successors and assignsassi s, assume the burden bmden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx XXxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement Environmental Easement Page 3 County: Ontario Site No: C835027 Xxxxxxxxxx Cleanup Agreement Index : C835027-02-l 7 is extinguished in accordance with the requirements of ECL Article A.tticle 71, Title 36 of the ECL, the property deed and all aJl subsequent instruments instmments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled ContrulJeu Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm confom the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all aJl controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real reaJ property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification ce1tification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; andand‌ (7) the information presented is accurate accw·ate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil .8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(ivl .8(g)(2)(iv), including passive recreational uses, cultural uses, and college or graduate academic and administrative facilities, all with limited potential for soil contact. Interior classroom and administrative facilities for secondary education with limited potential for soil contact shall be allowed. Rooftop gardens shall be allowed so long as they are not grown using soil from the Controlled Property. (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP;; County: New York City Site No: 224019A Order on Consent Index: W2-1089-06-06, as modified on September 19, 2011, as amended by Amendment #1 (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County New York City Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-375- l.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Environmental Easement Page 3 County: New York City Site No: 224019A Order on Consent Index: W2-1089-06-06, as modified on September 19, 2011, as amended by Amendment #1 Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled .Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting repo1ting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Broome County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information infonnation pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Broome Site No: 704028 Order on Consent Index : B7-0521-97-09 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all DepartmentDepa1iment-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Broome Site No: 704028 Order on Consent Index : B7-0521-97-09 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment;environment;‌ (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Its use at the time of application to the Environmental Restoration Program as vacant land, until such time as the remedy required by the Record of Decision for the site is implemented and the party undertaking such remediation certifies that the remediation was implemented in accordance with the Record of Decision. Once the Department approves this certification, the Controlled Property may be used for Restricted-Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv). In the event that the Department determines the remedy as implemented allows for a use different than that stated herein, this environmental easement will be extinguished in full or in part, and an amended or new environmental easement will be executed to reflect the agreed upon use. (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Onondaga County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department;; County: Onondaga Site No: 800015 State Assistance Contract: C302587 (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Until such time as the remedy required by the Record of Decision for the site is implemented to the satisfaction of the Department, the Controlled Property shall not be used for Residential, Restricted Residential, Commercial or Industrial purposes as defined in 6NYCRR 375-l.8(g)(i), (ii), (iii) and (iv). At such point that the remedy is implemented to the satisfaction of the Department, the Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 6 NYCRR Part 375-l.8(g)(2)(i). In the event that the Department determines the remedy as implemented requires a use more restrictive than contemplated herein, this environmental easement will be extinguished in full or in part, and an amended or new environmental easement will be executed to reflect the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easementmore restrictive use. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled County: Onondaga Site No: 800015 State Assistance Contract : C302587 Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC NY SDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-375- l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) A. The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii1.S(g)(l)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH theNYSDOH or the Erie Onondaga County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Onondaga Site No: 800024 NYWII ERP Agreement [ndex : NYWU-800024-12-14 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting repo11ing of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiiI.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Rockland County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must 111ust first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Rockland Site No: C344067 Xxxxxxxxxx Cleanup Agreement Index : A3-0568- l 006 contaminated material must be conducted in accordance with the SMP;: (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Greene County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Greene Site No: C420029 Xxxxxxxxxx Cleanup Agreement Index : C420029-12- I 4 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls contro ls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP S MP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Greene Site No: C915277 C420029 Xxxxxxxxxx Cleanup Agreement Index : C915277C420029-09l 2-13 l4 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Queens Site No: C241100 Xxxxxxxxxx Cleanup Agreement Index : A2-0560-0806 as amended May 12, 2017 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held County: Queens Site No: C241100 Xxxxxxxxxx Cleanup Agreement Index : A2-0560-0806 as amended May 12, 2017 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees a ees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3).l .8(h)(3).‌ (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) A. The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Cortland County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Cortland Site No: C915277 Xxxxxxxxxx Cleanup Agreement 712005 Order on Consent Index : C915277D0-090002-139309 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring Monitotfing to assess the performance petffotfmance and effectiveness of the remedy must be performed petfformed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting repotfting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to County: Queens Site Management of the Controlled No: C241161 Xxxxxxxxxx Cleanup A eement Index : C241161-10-14 as amended April 7, 2017 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site site. must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Environmental Easement Page 3 County: Queens Site No: C241161 Xxxxxxxxxx Cleanup Agreement Index : C241161-10-14 as amended April 7, 2017 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property.Property.‌ X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; and generally accepted engineering practices; and (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and, (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site approvedSite Management Plan ("SMP"" ) including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, ,run with the land, ,are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. A. theSMP; (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP);in (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMPtheSMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Nassau County Department of Health to render it safe for use as drinking water or for industrial purposes, ,and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMPtheSMP; (6) Data and information pertinent to Site Management of the Controlled . Property must be reported at the frequency and in a manner defined in the SMPtheSMP; Environmental Easement Page 2 ' . County: Erie Nassau Site No: C915277 Xxxxxxxxxx Cleanup Agreement 130119 Order on Consent Index Number No: C915277CO 3-0920170612-13108 (7) All future activities on the property that will disturb remaining contaminated material must be he conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i)}, and the above-stated engineering controls may not not. be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, ,assume the burden of complying with the SMP and obtaining an up-to-to- date version of the SMP from: Site Control Section Division of Environmental ofEnvironmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx . Albany, ,New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 71,Title 36 of the ECL, ,the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by Environmental Easement Page 3 County: Nassau Site No: 130119 Order on Consent Index Number No: CO 3-20170612-108 the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, ,at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, ,that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, ,or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, ,and reviewed by, ,the party making the certification;‌ (6) to the best of his/her knowledge and belief, ,the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, ,and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any .any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv)1.8(g)(2)(iv) In addition, that part of the Controlled Property identified as the "Exception TENORM Reuse Area", set forth in and attached hereto as Schedule B, shall not be developed with any enclosed structure or building that could provide temporary or permanent human occupancy. (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (( SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner xxxxx defined in the SMP; (4) The use of groundwater oundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department;; County: Erie Site No: V00619 Voluntary Cleanup Agreement Index#: 89-0525-97-11 (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined detfmed in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined detfmed in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall shal not be used for Residential or Restricted Residential purposes as defined detfmed in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the ofthe Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-� date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000{518) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall xxxxx state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting anting a right to use the Controlled Property.Property.‌ X. Xxxxxxx G. Grantor covenants and agrees a ees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying certi ing under penalty of perjury, in such form and mariner manner as the Department Depatftment may require, that: : · (1) the inspection of the site to confirm confimi the effectiveness of the institutional and engineering controls required tfequired by the remedial program pro am was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public p ublic health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Environmental Easement Page 2 County: Kings Site No: C224147 Xxxxxxxxxx Cleanup Agreement Index : C224147-05-l1 as last amended October 14, 2016 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held County: Kings Site No: C224147 Xxxxxxxxxx Cleanup Agreement Index : C224147-05-11 as last amended October 14, 2016 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public p ublic health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater ofgroundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Orange County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Orange Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index BOOl 88 State Assistance Contract : C915277-09-13C304321 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the ofthe remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are the binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the ' Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater ofgroundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the ofthe Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; County: Erie Site No: C9 15287 Xxxxxxxxxx Cleanup Agreement Index: C9 00000-00-00 (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental ofEnvironmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.that:‌

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Orange County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Orange Site No: 336042 Order on Consent Index : D3-0001-95-06 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial CommerciaJ as described in 6 NYCRR Part 375-1.8(g)(2)(iii1.8(g)(2)(iil) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(ivt.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled PropertyProperly, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) except that portion of the Controlled Property described in Schedule C as the "Commercial Use Parcel", which may be used for Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375- 1.8(g)(2)(iv) (2) All AU Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water waler quality treatment_as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP;; County: Westchester Site No: C360091 Order on Consent lndex : A3-0566-1006 (6) Data and information infonnation pertinent to Site Management of the Controlled Property must be reported at al the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the lhe remedy shall be performed perfom1ed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property Prope1ty described i11 Schedule A and B shall not be used for Residential purposes as defined in 6NYCRR 375-1.8(g)(2)(i), except that portion of the controlled property identified in Schedule C herein, which shall not be used for Residential or Restricted Residential purposes as defined in 6 NYCRR 375-l.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment extinguislunent of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports repo1ts to the tbe NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: Environmental Easement Page 3 County: Westchester Site No: C36009 l Order on Consent Index : A3-0566- I 006 This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental thjs EnvironmentaJ Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property Controlled Property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie theBroome County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data D ata and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property Controlled Property that will disturb remaining contaminated material must be conducted in accordance with the SMP; ; ' County:Xxxxxx Site No: C704045 Xxxxxxxxxx Cleanup Agreement Index :B7-0675-04-09 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH theNYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13. .. (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMPSM P; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMPSM P; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMPSM P; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il.8(g)( 2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, NY S DEC,is and remains a fundamental element of the Department's determination that the Controlled Property is safe for safefor a specific use, ,but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway NY S DEC 000 Xxxxxxxx Albany, ,New York 12233 Phone: (00012 233 Phone:(000) 00000 0-0000 D. Grantor must provide prov ide all persons who acquire acqu ire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP.SM P. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation . . . County: Erie Westchester Site No: C915277 C360156 Xxxxxxxxxx Cleanup Agreement Index : C915277C360156-0905-13 17 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, ,licenses, ,or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC NY S DEC may require, submit to NYSDEC NY S DEC a written statement by an expert the NYSDEC NY S DEC may find acceptable certifying under penalty of perjury, ,in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.1.8(h)(3).‌

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, ,run with the land, ,are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for Environmental Easement Page 2 County: Bronx Site No: C203075 Xxxxxxxxxx Cleanup Agreement Index : C203075-01- I 5 as amended May 13,2016 industrial purposes, ,and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, ,is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, ,but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement Environmental Easement Page 3 County: Bronx Site No: C203075 Xxxxxxxxxx Cleanup Agreement Index : C203075-01-15 as amended May 13, 2016 is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1I) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP;; · (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined defined. in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Westchester Site No: 360095 Order on Consent Index : D3-0504-06-09 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Westchester Site No: C915277 Xxxxxxxxxx Cleanup Agreement 360095 Order on Consent Index : C915277D3-090504-13 06-09 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls;controls;‌ (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 · County: Richmond Site No: 243039 Order on Consent Index: R2-0816-13-10 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il. 8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway NY SDEC 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Richmond Site No: C915277 Xxxxxxxxxx Cleanup Agreement 243039 Order on Consent Index : C915277R2-090816-13 13-10 pursuant to Title Titl e 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjuryxxxxxxx, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3375- l. 8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) : are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled County: Queens Site No: C24 I 086 Xxxxxxxxxx Cleanup Agreement Index : A2-0560-0806 as amended May I 2, 20 I 7 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) A. The Controlled Property may be used for: Residential as described in 6 NYCRR Part 375-1.8(g)(2)(i), Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Nassau County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Nassau Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index 130187 Order on Consent Index: C915277Al-0780-0911-1311 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv), and as its current use for Research, Development and Technology uses as described in Glenville Town Code 270-20. (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Schenectady County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to . . . County: Schenectady Site Management of the Controlled No: 447023 Remediation Agreement Number: A4-0659-02-l l Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Rensselaer County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; ; Environmental Easement Page 2 County: Rensselaer Site No: V00578 Voluntary Cleanup Agreement Index#: V00578-4 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Rensselaer Site No: V00578 Voluntary Cleanup Agreement Index#: V00578-4 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l. 8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment;environment;‌‌ (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Kings Site No: C915277 C2242l 7 Xxxxxxxxxx Cleanup Agreement Index : C915277C2242l 7-0906-13l 5 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Suffolk County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 , County: Suffolk Site No: 152140 Stipulation and Order Index No.: CV02-03476 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential, Restricted Residential or Commercial purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(i), (ii) and (iii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Suffolk Site No: 152140 Stipulation and Order Index No. : CV02-03476 Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the · Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Envirwmental Easement Page 2 County: Westchester Site No: C360149 Xxxxxxxxxx Cleanup Agreement Index : C360149- 09-15 as amended August 18, 2016 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000518) 000-000000 00 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held Env1ronmental Easement Page 3 County: Westchester Site No: C360149 Xxxxxxxxxx Cleanup Agreement Index : C360149- 09-15 as amended August 18, 2016 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law.Law.‌ X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjuryxxxxxxx, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3375 -1.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. A. the SMP; (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv); (2) All Engineering Controls must be operated and maintained as specified in the County: Nassau Site Management Plan (SMP);No: S130214 (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County Department of Health treatment to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the DepartmentDepartment and the Nassau County Department of Health; (5) Groundwater If and to the extent required by the SMP, groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management site management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will that.will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring If and to the extent required by the SMP, monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP;; and (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The XXX Controlled Property and City Controlled Property shall not be used for Residential purposes Purposes as defined in 6NYCRR 375-defined_in 6 NYCRR 375- l.8(g)(2)(i), and the above-stated engineering controls Engineering Controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-00000000 County: Nassau Site No: 8130214 D. Grantor must provide all al persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state the following in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shallshall annually, at or such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the ofthe site to confirm the effectiveness of the institutional Institutional and engineering controls Engineering Controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls Institutional Controls and/or engineering controls Engineering Controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; andand . (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all al attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the ofthe site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete. H. The parties acknowledge and agree that Grantor may, as allowed by permit, replace or reconstruct any existing bulkhead and extend the newly replaced or reconstructed bulkhead up Environmental Easement Page 4 County: Nassau Site No: S130214‌‌ to eighteen (18) inches seaward of the existing bulkhead without the need to replace or amend this Environmental Easement. Any additional lands created as part of a bulkhead replacement or reconstruction shall be subject to the requirements and controls of this Environmental Easement and the corresponding SMP.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Rensselaer County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Rensselaer Site No: E442037 State Assistance Contract : C303736 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-375- l.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Rensselaer Site No: E442037 State Assistance Contract : C303736 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls;controls;‌‌ (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater ofgroundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH NYS DOH or the Erie County Department of Health ofHealth to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMPSM P; (6) Data and information pertinent to Site Management of the ofthe Controlled Property must be reported at the frequency and in a manner defined in the SMPSM P; Environmental Easement Page 2 County: Erie Site No: C915277 C915310 Xxxxxxxxxx Cleanup Agreement Index : C915277C915310-0912-1316 as amended September 11, 2018 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the ofthe remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this ofthis Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDECNYS DE C, is and remains a fundamental element of the ofthe Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the ofthe SMP from: Site Control Section Division of Environmental ofEnvironmental Remediation NYSDEC 625 .Broadway AlbanyNY S DEC 000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL E CL Article 71, Title 36 of the ECLofthe E CL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is 1s subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation Easement Page 3 County: Erie Site No: C915277 C915310 Xxxxxxxxxx Cleanup Agreement Index : C915277C915310-0912-13 16 as amended September 11, 2018 by the New York State Department of Environmental Conservation pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC NYS DEC may require, submit to NYSDEC NY SDEC a written statement by an expert the NYSDEC NYS DEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the ofthe site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3375- l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC NYS DEC and that all controls are in the Department-approved format; andand‌ (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the ofthe site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Queens Site No: C241194 Xxxxxxxxxx Cleanup Agreement Index : C241194-01- l 7 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the ofthe remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying ofcomplying with the SMP and obtaining an up-to-date version of the ofthe SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation Environmental Easement Page 3 County: Erie Queens Site No: C915277 C241194 Xxxxxxxxxx Cleanup Agreement Index : C915277C241194-0901-13 17 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that:that:‌ (1) the inspection of the site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the ofthe site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater oundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 · County: Erie Kings Site No: C915277 C224202 Xxxxxxxxxx Cleanup Agreement Index : C915277C224202-0902-1315 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor Granter and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP;; County: Kings Site No: C224162 Xxxxxxxxxx Cleanup Agreement Index : C224 J 62-09-12 (6) Data and information pertinent to Site Management of the ofthe Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(il .8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor Granter and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the ofthe SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany000 Xxxxxxxx Xxxxxx, New York 12233 Xxx Xxxx 00000 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: Environmental Easement Page 3 County: Kings Site No: C224162 Xxxxxxxxxx Cleanup Agreement Index : C224162-09-12 This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including " S M P")including any and all Department approved amendments to the SMP S M P are incorporated into and made part p art of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, ,run with the land, ,are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP( S M P); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMPS M P; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH NY S DO H or the Erie County Department of Health to render it safe for use as drinking water or for industrial purposes, ,and the user must first notify and notifyand obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMPS M P; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMPS M P; Environmental Easement Page 2 · County: :Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement C915306 Order on Consent Index : C915277C915306-0908-1316 as amended August 28, 2017 (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMPS MP; (8) Monitoring to assess the performance and effectiveness of the ofthe remedy must be performed as defined in the SMPS MP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the ofthe remedy shall be performed as defined in the SMPS MP; (10) Access to the site must be provided to agents, employees or other representatives of the ofthe State of New ofNew York with reasonable prior notice to the property owner to assure compliance with the restrictions identified identi fied by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 6NY CRR 375-l.8(g)(2)(il .8 (g)( 2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this ofthis Environmental Easement. C. The SMP S MP describes obligations that the Grantor assumes on behalf of behalfof Grantor, its successors and assigns. The Grantor's assumption of the ofthe obligations contained in the SMP S MP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, NY S DE C,is and remains a fundamental element of the ofthe Department's determination that the Controlled Property is safe sa fe for a specific use, ,but not all uses. The SMP S MP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying ofcomplying with the SMP S MP and obtaining an up-to-to­ date version of the SMP ofthe S MP from: Site Control Section Division of Environmental ofEnvironmental Remediation NYSDEC 625 .Broadway NY S DE C 0 00 Xxxxxxxx Albany, ,New York 12233 Phone: (00012 233 Phone:(000) 00000 0-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP ofthe S MP that the Department approves for the Controlled Property and all Department-approved amendments to that SMPS MP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL ofE CL Article 71, Title 36 of the ECL, ofthe E CL,the property deed and all subsequent instruments of conveyance ofconveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is 1s subject to an Environmental Easement held Environmental Easement Page 3 County:Erie Site No: C915306 Order on Consent Index : C915306-08-16 as amended August 28, 2017 by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference re xxxxxxx in any leases, ,licenses, ,or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC NY S DE C may require, submit to NYSDEC NY S DE C a written statement by an expert the NYSDEC NY S DE C may find acceptable certifying under penalty of perjury, ofperjury,in such form and mariner manner as the Department may require, ,that: (1) the inspection of the ofthe site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the ofthe individual set forth at 6 NYCRR NY CRR Part 375-l.8(h)(3375- l .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, ,or that any identified changes to the controls employed were approved by the NYSDEC NY S DE C and that all controls are in the Department-approved format; andformat;and‌ (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such ofsuch controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, ,the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the ofthe site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(iil.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iiil.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Westchester County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining Environmental Easement Page 2 County: Westchester Site No: C360088 Order on Consent Index : A3-0542-0306 contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Westchester Site No: C360088 Order on Consent Index : A3-0542-0306 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; andand‌‌ (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property prope1ty is prohibited without necessary water quality treatment_as determined by the NYSDOH or the Erie County New York City Department of Health and Mental Hygiene to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to County: Queens Site Management of the Controlled No: C24 l l 78 Xxxxxxxxxx Cleanup Agreement Index: C24 l l 78-l l- l 5 as amended July 20. 2016 Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property prope11y that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is 1s subject to an Environmental Easement held 20, 2016 County: Queens Site No: C241178 Xxxxxxxxxx Cleanup Agreement Index : C241178-l l -15 as amended J uly by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx G. Grantor covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department Depa11ment may require, that:that:‌ (1I) the inspection of the site to confirm the effectiveness of the ofthe institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3375- I .8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Steuben County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Steuben Site No: 851054 Order on Consent Index Number A8-0860- l 5-09 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-to­ date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor X. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent Department of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Environmental Easement Page 3 County: Steuben Site No: 851054 Order on Consent Index Number AS-0860-15-09 Law. X. Xxxxxxx F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(31.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; andand‌ (7) the information presented is accurate and complete.

Institutional and Controls. The controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner of the Controlled Property, any lessees and any person using the Controlled Property. (1) The Controlled Property may be used for: Restricted Residential as described in 6 NYCRR Part 375-1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-l.8(g)(2)(iv1.8(g)(2)(iv) (2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use of groundwater underlying the property is prohibited without necessary water quality treatment_as treatment as determined by the NYSDOH or the Erie Orange County Department of Health to render it safe for use as drinking water or for industrial purposes, and the user must first notify and obtain written approval to do so from the Department; (5) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management of the Controlled Property must be reported at the frequency and in a manner defined in the SMP; Environmental Easement Page 2 County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP;; Environmental Easement Page 2 County: Orange Site No: 800127 State Assistance Contract : C303491 (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential purposes as defined in 6NYCRR 375-l.8(g)(2)(i), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department's statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 625 .Broadway Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: This property is subject to an Environmental Easement held by the New York State Departm·ent of Environmental Conservation County: Erie Site No: C915277 Xxxxxxxxxx Cleanup Agreement Index : C915277-09-13 pursuant to Title 36 of Article 71 of the Environmental Conservation Law. X. Xxxxxxx covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. X. Xxxxxxx covenants and agrees that it shall, at such time as NYSDEC may require, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and mariner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-l.8(h)(3). (2) the institutional controls and/or engineering controls employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified changes to the controls employed were approved by the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; (5) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification;‌ (6) to the best of his/her knowledge and belief, the work and conclusions described in this certification are in accordance with the requirements of the site remedial program, and generally accepted engineering practices; and (7) the information presented is accurate and complete.