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<br /> 3. Grantee agrees to conduct,at its own expense,all test,audits,surveys,or investigations
<br /> requested by Grantor,in writing,during the term of the Agreement as are reasonable and
<br /> necessary to ascertain the existence, scope, or effects of Hazardous Substances on the
<br /> Easement Area or associated natural resources where Grantor has reason to believe the .
<br /> Hazardous Substances result from Grantee's use of the Easement Area, and to provide
<br /> the results of such tests,audits,surveys,or investigations to Grantor. If Grantee fails to
<br /> conduct such tests, Grantor may after notice to Grantee, take such measures at the
<br /> expense of Grantee, and Grantor shall not be liable therefor. Grantee shall pay such
<br /> costs within 30 days after delivery of an invoice from Grantor.
<br /> 4. Grantee shall be fully and completely liable to Grantor, shall waive any claims against
<br /> Grantor for contribution or otherwise,and shall indemnify,defend,and save harmless to
<br /> Grantor and its agencies, employees,officers, directors, and agents with respect to any
<br /> and all liability, damages (including damages to land, aquatic life, and other natural
<br /> resources), expenses, causes of action, suits, claims, costs (including testing, auditing,
<br /> surveying,and investigation costs),fees (including attorneys' fees and costs),penalties
<br /> (civil and criminal, and response, cleanup costs, or remediation costs to the extent
<br /> assessed against or imposed upon Grantor,or the Easement Area as a result of Grantee's
<br /> use,disposal,transportation,generation,and/or sale of Hazardous Substances within the
<br /> Easement Area or that of Grantee's employees, .agents, assigns, contractors,
<br /> -- subcontractors, licensees, permittee,or invitees; and for any breach of this Subsection
<br /> (c).
<br /> (d) Grantee to Take Corrective Action. The parties expressly agree that Grantee will, at its
<br /> own expense, upon.any failure to comply with the above Subsections (a)—(c) and upon •
<br /> direction to do so by Grantor,take corrective or remediation action measures satisfactory
<br /> to Grantor to restore the Easement Area, as nearly as possible, to the condition the
<br /> Easement Area would have been in absence of such failure to comply (with lack of or
<br /> failure to expend funds not to adversely affect the possibility of restoration). If Grantee
<br /> fails to do so,Grantee agrees that Grantor may,after notice to Grantee,take such measures
<br /> at the expense of Grantee,and Grantor shall not be held liable therefor. Grantee shall pay
<br /> such costs within 30 days after delivery of an invoice from Grantor.
<br /> 14. Third Party Rights: -
<br /> Grantor reserves all rights with respect to the Easement Area including,without limitation,the
<br /> right to grant easements, licenses and permits to others subject to the rights granted in this
<br /> easement.
<br /> 15.Notices: .
<br /> Unless otherwise provided herein,notices required to be in writing under this Agreement shall
<br /> be given as follows:
<br /> If to Grantor: Attn: Grant Moen
<br /> City of Everett
<br /> 3200 Cedar Street
<br /> 511Rfi9R9'7 5
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