STATE OF INDIANA
VOLUNTARY REMEDIATION PROGRAM
COVENANT NOT TO SUE
COVENANT
On DATE, the Commissioner of the Indiana Department of Environmental Management (IDEM)
issued a Certificate of Completion pursuant to Indiana Code § 13-25-5-16 to Applicant for
Voluntary Remediation Program site number site number. The Certificate was issued in
recognition of the completion of the work performed under a Voluntary Remediation Work Plan
(“Work Plan”) to address the release of hazardous substances and/or petroleum at the site in
City, Indiana. The Certificate is attached to this Covenant and incorporated herein. The
Certificate contains a project summary as Exhibit 1; a list of the specific contaminants
addressed under the project as Exhibit 2; a site map and legal description of the site and the
project areas as Exhibit 3. [Slight modifications to the wording of this paragraph may be
necessary depending on circumstances].
Pursuant to Indiana Code § 13-25-5, the Governor of the State of Indiana now covenants not to
sue APPLICANT for any liability, including future liability, or for any claim, resulting from or
based upon the release or threatened release of contaminants listed in Exhibit 2 that were the
subject of the approved Work Plan, as explained below. The Covenant shall bar suit against
APPLICANT, and any other person who receives the Certificate of Completion through legal
transfer or who acquires the subject property to which the Certificate applies (“successors in
title”), from all public and private claims arising under Title 13 of the Indiana Code or rules
adopted thereunder in connection with the release or threatened release of a hazardous
substance or petroleum that was the subject of the approved Work Plan, except as set forth in
Reservations, below.
This Covenant Not To Sue shall be construed as a Covenant running with the land, but shall not
apply to the predecessors in title of APPLICANT.
RESERVATIONS
1. Pursuant to Indiana Code § 13-25-5-18(c), the Covenant does not apply to any public or
private claim for liability, or future liability, arising under Title 13 of the Indiana Code or any rules
adopted thereunder, resulting from or based upon a condition or extent of a condition that:
A) was present on the property on which the completed Work Plan was conducted;
and
B) was not known to the Commissioner of IDEM at the time the Certificate of
Completion was issued.
For purposes of this paragraph, the Commissioner’s knowledge at the Site is limited to the
information IDEM received during the execution of the Work Plan and the information contained
in the site investigation report(s) and the Work Plan and its attachments as provided to IDEM.
2. This Covenant applies only to releases of the contaminants addressed by the Work Plan
as specified in Exhibit 2.
3. This Covenant does not apply to releases of hazardous substances or petroleum
(including all contaminants listed in Exhibit 2 of the Certificate) that occurred, or migrated
