AGREEMENT AND COVENANT NOT TO SUE SCENICE HUDSON LAND TRUST, INCORPORATED (PROSPECTIVE PURCHASER AGREEMENT) MADE AND ENTERED BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND SCENIC HUDSON LAND TRUST, INC. RESPONDENT IS A NON-PROFIT CORPORATION WHO SEEKS TO PURCHASE FROM OLD FOUNDRY CORPORATION'S PROPERTY IN THE VILLAGE OF COLD SPRINGS, PUTNAM COUNTY, NEW YORK, A PORTION OF THE MARATHON BATTERY SUPERFUND SITE.