Kimberly Clark Worldwide Inc 7/29/2019 (2)

If to Grantee: CITY OF EVERETT Public Works Department 3200 Cedar Street Everett,WA 98201 Attn: Public Works Director Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Any party may change the address to which notices may be given by giving notice to the other Parties as above provided. 12. Liens. Grantee shall save and keep the Property free from all liens or claims, legal or equitable, arising out of the entry hereunder. In the event any lien or claim is filed by anyone claiming by, through, or under the Grantee, Grantee shall remove and discharge same within thirty (30) days of the filing thereof. 13. Miscellaneous A. Captions. The captions and paragraph headings contained in this Agreement are for convenience of reference only and in no way define, describe, extend or define the scope or intent of this Agreement,nor the intent of any of the provisions hereof. B. Incorporation of Recitals; Definitions; Exhibits. Each of the recitals and definitions set forth above and exhibits attached hereto are by this reference incorporated into this Agreement as though fully set forth herein. C. Other Easements. Grantor shall not grant any person any easement or easements within the Easement Area or that would interfere with Grantee's exercise of their rights under this Agreement without the prior written consent of Grantee. Grantee shall have the right to permit other utility uses so long as such easements are located entirely within the Easement Area or are reasonably necessary to service the Easement Improvements. D. Permanent Easements. The easements granted herein are permanent and shall have priority over any and all subsequent liens, encumbrances or other interests in the Property and shall survive the transfer of the fee ownership or creation of any leasehold or other interest in the Property. The easements granted hereby may be terminated only by a written agreement signed by Grantee and recorded in the real property records of Snohomish County,Washington. E. Successors; Benefit; Runs with the Land. The easements granted under this Agreement shall benefit and constitute easements appurtenant to the Benefited Property. The rights and obligations of the Parties and the easements granted under this Agreement run with the land and shall inure to the benefit of Grantee and Grantor and their respective successors and assigns, and shall be binding upon Grantor, its successors, assigns, employees, invitees, mortgagees, lessees and sublessees and each and every person who shall at any time have any ownership interest in the Property. 7