West Orange Township_Fourth Round HEFSP_Final Draft

EXHIBIT I FORM RIGHT OF ENTRY AGREEMENT Right of Access Agreement Right of Access Agreement (this “Agreement”) between WEST ORANGE OFFICE EXECUTIVE PARK LLC, with offices at 782 Lyons Avenue, Irvington, New Jersey 07111, referred to in this Agreement as “Owner,” - and THE TOWNSHIP OF WEST ORANGE, NEW JERSEY, with offices at 66 Main Street, West Orange, New Jersey 07052, referred to in this Agreement as “Entrant.” Background A. Owner is the owner of the premises listed in Exhibit A attached hereto (the “Premises”). B. In anticipation of a possible acquisition of the Premises, Entrant desires a right of access to the Premises for itself and its consultants (“Consultants”) for the purpose of performing certain investigatory activities at the Premises. C. Owner is willing to grant Entrant and Consultants a limited right of access to the Premises upon the terms and conditions set forth in this Agreement. Now, therefore, in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: Definitions A. “Business Day” means any day other than a Saturday, Sunday or a day on which national banking associations are authorized or required to close. B. “Effective Date” shall mean the date of this Agreement, as provided below. C. “Environmental Documents” means all documentation in the possession or under the control of Entrant, its employees, agents, contractors, environmental consultants, or all of them, concerning the environmental condition of the Premises or its environs. D. “Environmental Laws” means each and every federal, state, county and municipal statute, ordinance, rule, regulation, order, directive or requirement, now existing or hereafter enacted or promulgated, together with all amending and successor statutes, ordinances, rules, regulations, orders, directives or requirements, of any Governmental Authority, in any way related to any solid, liquid, gaseous or thermal contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste, petroleum products or byproducts, asbestos, PCBs, phosphates, 4839-2360-2911, v. 3