Marshall and Katherine Cymbaluk Family Inc 11/6/2019

presence of which is prohibited by any federal, state, county, municipal or other local governmental statutes, regulations, ordinances or resolutions; and (ix) other substances deemed hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or other local governmental statutes, regulations, ordinances or resolutions require special handling or notification in its collection, storage, treatment or disposal. 9. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to grant this Easement; that same is free and clear of encumbrances, and that Grantor will forever warrant and defend the title to said Easement and the quiet possession thereof against the lawfulclaims and demands of all other persons whomsoever. 10. The rights and obligations of the Grantor and City shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. 11. In the event that a dispute under this Easement arises between the parties,both parties agree to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the request of one party,both parties shall meet, within three(3) days to discuss the substance of the issue(s) in dispute. In the event that the parties are unsuccessful in resolving the dispute(s) at the initial meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his designee, and the City's Director of Public Works, or his designee, shall meet to discuss the substance of the issue(s) in dispute. If the parties are unsuccessful in resolving the disputed issue(s) as this subsequent meeting, the parties agree to engage the services of a mediator who is mutually acceptable and participate in mediation within twenty(20) days of the subsequent meeting or as soon thereafter as the mediator may be available or at such later date as the parties may agree. In the event that mediation fails to resolve the issue(s) in dispute, each party shall be free to seek such other recourse as may be available. 7