Contract analysis

1. Introduction and Purpose This letter provides Calderwood & Harkness LLP's formal review of and detailed comments on TerraVerde Environmental Consulting LLC's ("TerraVerde") proposed Phase II Environmental Site Assessment Scope of Work for the Clarksburg Resin Blending Facility (the "Clarksburg Facility" or the "Site"), dated September 14, 2022 (the "Proposed SOW"). We have reviewed the Proposed SOW carefully and p

2. Summary of Phase I ESA Findings Triggering Phase II Investigation For context and to ensure alignment between the Phase I findings and the Phase II scope of work, we summarize below the two conditions identified in the Phase I ESA that serve as the basis for the Phase II investigation. 2.1 Controlled Recognized Environmental Condition (CREC) — Former Underground Storage Tank Area The Phase I ESA identified a Contr

3. Review and Approval of Proposed Phase II Scope of Work 3.1 General Scope Approval Calderwood & Harkness has reviewed the Proposed SOW in its entirety and, subject to the specific comments, modifications, and supplemental directions set forth in this Section 3, hereby approves the general scope, technical approach, and investigative methodology proposed by TerraVerde for the Phase II Environmental Site Assessment a

4. Landlord Consent and Site Access Calderwood & Harkness confirms that the Clarksburg Facility is not owned by ACC but is rather leased by ACC from Mountainview Properties LLC ("Mountainview") pursuant to a commercial lease agreement with an effective commencement date of January 1, 2015, and a fifteen-year term expiring December 31, 2029. The lease is structured as a triple-net lease, with ACC responsible for prope

5. Schedule and Deliverables 5.1 Proposed Schedule Based on discussions between TerraVerde, Calderwood & Harkness, and Crestline, the following schedule is proposed for the Phase II investigation at the Clarksburg Facility: The foregoing schedule is subject to TerraVerde's equipment and crew availability, weather conditions, site access coordination, and other factors outside the parties' control. TerraVerde should n

6. Health and Safety and Regulatory Notifications TerraVerde must prepare and implement a site-specific Health and Safety Plan ("HASP") for the Phase II field activities, in accordance with OSHA regulations at 29 C.F.R. § 1910.120 (Hazardous Waste Operations and Emergency Response) and applicable state occupational safety and health requirements. The HASP should specifically address potential exposure pathways and he

7. Budget Confirmation TerraVerde's Proposed SOW includes a budget estimate of Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) for the Phase II Environmental Site Assessment at the Clarksburg Facility, inclusive of field investigation activities, laboratory analytical costs, IDW management (excluding final disposal), report preparation, and project management. This budget estimate is hereby approved and is co

8. Confidentiality and Privilege All Phase II investigation work product, including but not limited to field notes, boring logs, well construction records, raw data, laboratory analytical data packages, draft and final reports, memoranda, and all written and oral communications between TerraVerde and Calderwood & Harkness or Crestline, is being prepared at the direction of legal counsel (Calderwood & Harkness LLP) in

9. Closing and Contact Information We request that TerraVerde confirm receipt of this letter and express its concurrence with the approved scope, comments, and modifications set forth herein no later than September 23, 2022. If TerraVerde has any questions, concerns, or proposed revisions to the approved scope or the comments contained in this letter, please do not hesitate to contact us to discuss. Questions and com