Kimberly Clark Worldwide Inc 7/29/2019

Utility Property and Utility Easement Area for the completion of such Remediation Activities that are necessary or required pursuant to K-C's responsibilities under Section 2.A. The City and K-C shall also cooperate in good faith to coordinate their uses of the Utility Property and the Utility Easement Area, so that (1) K-C's Remediation Activities do not unreasonably interfere with the City's use of the Utility Property and the Utility Easement Area and (2)the City's use of the Utility Property and the Utility Easement Area does not unreasonably interfere with Remediation Activities. K-C acknowledges that the City's use of the Utility Property or the Utility Easement Area could reasonably require K-C to alter Remediation Activities plans and could reasonably cause additional costs for Remediation Activities performed by K-C. The City shall cooperate in good faith in establishing and complying with any reasonable institutional controls imposed by Ecology under the Order or subsequent orders or decrees, and in the execution of and compliance with any orders or decrees under MTCA to the extent applicable to the Utility Property and the Utility Easement Area. The City shall also cooperate in good faith with K-C to support Ecology's designation of the K-C Mill Site as an"industrial property"under MTCA, notwithstanding the development of the public access area provided for by the Purchase Agreement, including the City's installation of reasonable safety barriers or other measures to restrict access from the public access area to the balance of the K-C Mill Site. Notwithstanding the forgoing, the City shall not be required to continue cooperating regarding establishing institutional controls, execution of future orders or decrees, or supporting Ecology's designation if in the City's judgment such cooperation would unreasonably interfere with the City's intended use of the Utility Property and the Utility Easement. The parties shall carry out their responsibilities under this Section 2.C. at their own cost and expense. C. Insurance. Any K-C Party performing Remediation Activities on the Utility Property and the Utility Easement Area shall carry commercial general liability insurance (including products and completed operations). Such insurance shall have a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Five Million Dollar ($5,000,000) products and completed operations aggregate and Five Million Dollar ($5,000,000) general aggregate limit per project. Such liability insurance shall be primary and not contributing to any insurance available to K-C and K-C's insurance shall be in excess thereto. These limits may be obtained either on a primary basis or by use of an umbrella or excess liability policy of a combined limit of no less than Ten Million Dollars ($10,000,000). D. City Observation of K-C's Remediation Activities and Sharing of Information. The City shall have the right to have a technical consultant present to observe the Remediation Activities on the Utility Property or the Utility Easement Area and to offer feedback to K-C's technical consultant responsible for the Remediation Activities. K-C shall promptly submit or make available electronically to the City copies of all documents and written communications K-C submits to Ecology or another government agency concerning the Utility Property or the Utility Easement Area and all documents and written communications received from such agencies regarding these areas. E. City Projects. City Parties from time to time may perform improvement or maintenance projects on the Utility Property and may, subject to the terms of the Utility Easement, perform such projects in the Utility Easement Area. If any such City project includes 5