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carrier pursuant to Chapter 48.15 RCW, except that if it is infeasible to obtain coverage with <br /> such insurer, the Grantor may approve an alternative insurer. Minimum limits of liability <br /> shall be One Million Dollars ($1,000,000) for each occurrence and combined single limit <br /> bodily injury, property damage with Two Million Dollars ($2,000,000) annual aggregate <br /> and a Ten Million ($10,000,000) umbrella. The above policy must be primary and non- <br /> contributory as to the Grantor and must name the Grantor,its officers, employees and agents <br /> as additional insureds. Grantee shall provide to the Grantor, or cause to be provided, <br /> certification of insurance coverage on the ACORD form,together with an additional insured <br /> endorsement naming the City of Everett, its officers, employees and agents as additional <br /> insureds, or a blanket additional insured policy that is acceptable to the City Attorney. <br /> Grantee shall deliver such insurance coverage certification to the Grantor at such address as <br /> Grantor may specify, from time to time, in writing. <br /> 8. Attorneys' Fees. If, by reason of any default hereunder on the part of either <br /> 'Grantor or Grantees, either party employs an attorney, the defaulting party shall pay the non- <br /> defaulting party's costs, expenses and attorneys' fees reasonably expended or incurred in <br /> connection with such default. <br /> 9. Recording. Unless otherwise agreed by the parties,this Agreement will not <br /> be recorded. If either party desires to record this Agreement, that party shall give ten (10) <br /> days notice to the other party requesting approval-to-record,which will not be unreasonably <br /> denied. If this Agreement is recorded, upon termination of this Agreement, Grantee shall, <br /> unless directed otherwise in writing by the Grantor, record a Notice of Termination of Tie- <br /> Back Easement in a form reasonably acceptable to Grantor. <br /> 10. Notice. For a notice under this Agreement to be valid, it must be in writing <br /> and the sending party must use one of the following methods of delivery: (a) personal <br /> delivery to the address stated below; (b) first class postage prepaid U.S. Mail to the address <br /> stated below; or (c) nationally recognized courier to the address stated below, with all fees <br /> prepaid. <br /> City of Everett <br /> City/Grantor: Attention: Real Property Manager <br /> 3200 Cedar Street <br /> Everett, WA 98201 <br /> Tel: (425) 257-8938 <br /> Fax: (425) 257-8857 <br /> Tie-Back Easement and Agreement Page 5 <br />