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1~ ~ ARTICLE VII COVENANTS 7.1 Use of the Property Prior to Closing; Casualty, Condemnation. From and after the date hereof until the closing date, except as approved in writing by Buyer: Seller shall use its best efforts to (i) use the Property in the ordinary course consistent with current mining practices; (ii) maintain its books and records in the usual, ordinary and regular manner on a basis consistent with past practices; and (iii) preserve the character, property and assets of the Property intact as of the date hereof, subject to Seller's rights as mineral owner, including the right to continue to mine the Property, as provided herein. 7.2 Access, Information and lnspection. Seller shall: (a) provide Buyer and its attorneys, accountants, representatives, agents, and contractors with access, upon reasonable notice, to inspect the Property and the records of Seller relating to the Property and other interests; and (b) cooperate with any soils, environmental, engineering, or other inspections of the Property that may be initiated and paid for by Buyer which, at Buyer's sole option and expense, may include testing of the soil, groundwater, and such other items as Buyer or Buyer's agents or experts shall deem necessary to determine or confirm the condition of the Property. 7.3 Reservoir Water Quality. Seller will retain a certain 10-acre tract not included in the petition for condemnation in Case No. 98CV1625, on which Seller operates a concrete batch plant, described and depicted in Exhibit E, Parcel 1, attached hereto and incorporated by reference. Effective upon closing, by this agreement, Seller imposes a restrictive covenant on said 10-acre site benefitting the Property in order to provide reasonable protection of the reservoir water quality from the discharge of material to the reservoir Property from the 10-acre site caused by its operator, whether directly or indirectly, by point source, non-point source, storm runoff, groundwater percolation or any other means. Such discharges will not be considered to interfere with the water quality of the reservoir if the discharges are within the limits provided by then-current environmental standards. Seller shall provide notification to Buyer of any permit applications or renewals affecting operations at the batch plant. Seller shall have the right to enter upon the batch plant property upon reasonable notice to make inspection concerning any water quality questions. 7.4 Removal of Berm. If Buyer determines to remove the berm between Hazeltine and Road Runner's pits, notice of such decision shall be given to Seller as soon as possible so that Seller has the opportunity to remove the sand, gravel and other material in the berm up to the property fine. Seller shaft co-operate with Buyer to amend the mined land reclamation permit to provide for the removal of the berm, Seller will be 13