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2020/07/29 Council Agenda Packet
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2020/07/29 Council Agenda Packet
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10/9/2020 5:15:42 PM
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Council Agenda Packet
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7/29/2020
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14. Termination for Cessation of Use: <br />In the event Grantee ceases to use the Network Facilities for a period of one year (360 <br />calendar days), this Agreement and all Grantee's rights hereunder shall terminate and revert <br />to Grantor without further action required by Grantor. In the event of such termination and <br />reversion due to Grantee's cessation of use, then upon written request of the Grantor, the <br />Grantee shall deliver to the Grantor a fully executed termination of easement agreement to <br />be recorded in the office of the Snohomish County Auditor. <br />15. Release of Liability on Termination: <br />No termination of this Agreement shall release Grantee, from any liability or obligation with <br />respect to any matter occurring prior to such termination, nor shall such termination release <br />Grantee from its obligation and liability to remove the Network Facilities from the Grantors <br />property and restore the grounds. <br />16. Removal of Network Facilities upon Termination: <br />Upon any termination of this Agreement, Grantor may require that Grantee promptly <br />remove from the easement area its Network Facilities and restore the ground to the <br />condition now existing, or in the alternative, take such other and mutually agreeable <br />measures to minimize impact of the Network Facilities on the Grantor's property. Such <br />work, removal and restoration shall be done at the sole cost and expense of Grantee and in <br />a manner satisfactory to the Grantor. In case of failure of Grantee to so remove its Network <br />Facilities, restore the ground or take such other mutually agreed upon measures, Grantor <br />may, after reasonable notice to Grantee, remove Grantee's Network Facilities, restore the <br />ground or take such measures at the expense of Grantee, and Grantor shall not be liable <br />therefor. <br />17. Refuse Waste and Hazardous Substances <br />(a) Refuse. Grantee shall not make, or suffer to be made, any filling in of the easement <br />area or any deposit or rock, earth, ballast, refuse, garbage, waste matter (including <br />chemical, biological, or toxic wastes), hydrocarbons, any other pollutants, or other <br />matter within or upon the easement area, except as approved in writing by the Grantor. <br />If Grantee shall fail to remove all non -approved fill material, refuse, garbage, wastes, or <br />other of the above materials form the easement area and restore the easement area to <br />its condition immediately prior to the deposition of the unauthorized material, Grantee <br />agrees that the City may remove such materials and charge Grantee for the cost of <br />removal and disposal together with interest thereon from the date of expenditure at the <br />rate of one percent per month (or at such higher rate as may be authorized by statute <br />subsequent to the execution date of this Agreement). <br />(b) Waste. At all times during the Term, Grantee shall neither commit nor suffer waste to <br />be committed to the easement area. <br />(c) Hazardous, Toxic or Harmful Substances. <br />Easement at Kasch Park Road Page - 6 <br />
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