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5 , <br /> to the construction,repair,reconstruction,maintenance,removal or operation of the Tie- <br /> Back Easement Improvements. <br /> 4.3 Grantee shall not construct,reconstruct,relocate,adjust,remove,or <br /> repair the Tie-Back Easement Improvements or otherwise use the Tie-Back Easement Area <br /> except in accordance with plans and specifications approved in advance by the City <br /> Engineer. The City Engineer has approved Tie-Back Easement Improvements as described <br /> in the plans and specifications approved by the City of Everett in connection with the <br /> Grantee's building permit application under file number z5/7/0-0¢/ <br /> 4.4 At its sole expense,Grantee shall operate,maintain,and repair the <br /> Tie-Back Easement Improvements. Such operation,maintenance,and repair shall include <br /> such Grantee actions as may be necessary to avoid damage to Grantor or public use of the <br /> City Properties. <br /> 5. Termination of Agreement. <br /> 5.1. If Grantee's use of the Tie-Back Easement Area or if the Tie-Back <br /> Easement Improvements,in the reasonable judgment of the City Engineer,constitute a <br /> substantial threat to the structural integrity of the City Properties or a danger to the public <br /> use of the City Properties,then Grantor may deliver written notice thereof to Grantee. If <br /> Grantee does not cure such threat or danger at no expense to Grantor within thirty(30) <br /> days after delivery of the notice(or such sooner time as may be reasonably required by the <br /> City Engineer),or does not within such time period begin and thereafter diligently, <br /> continually,and in good faith work to effect such a cure as soon as possible,then the <br /> Grantor may,effective upon written notice to Grantee,terminate this Agreement <br /> 5.2. If Grantor believes that Grantee has violated any material term or <br /> condition of Agreement,Grantor shall deliver written notice thereof to Grantee. This right <br /> is in addition to any right Grantor may have under Section 5.1. If Grantee does not cure <br /> such violation at no expense to Grantor within thirty(30)days after delivery of violation <br /> notice(or such sooner time as may be reasonably required by Grantor),or does not within <br /> such time period begin and thereafter diligently,continually,and in good faith work to <br /> effect such a cure as soon as possible,then the Grantor may,effective upon written notice <br /> to Grantee,terminate this Agreement. <br /> 5.3. Effective on the Project completion or on delivery of an uncured <br /> termination notice under Section 5.1 or Section 5.2 above,the Tie-Back Easement <br /> Improvements shall be deemed abandoned by Grantee. Upon such abandonment,the <br /> Grantor may at any time at Grantor's sole discretion remove the Tie-Back Easement E I <br /> Improvements. <br /> Tie-Back Easement and Agreement Page 3 <br /> // <br />