|
of the Parties, as reflected by the latest date on the signature page(s) of this Agreement.
<br /> G. "Environmental Contamination" means known or unknown, potential, actual,
<br /> threatened or alleged pollution, contamination, or damage to any air (whether indoor, outdoor,
<br /> ambient or otherwise), atmosphere, land, soil, water, water course, body of water, surface water,
<br /> groundwater or other tangible thing or resource, arising out of the actual, potential, alleged or
<br /> threatened discharge, dispersal, release, emission, seepage, or escape of any pollutant,
<br /> contaminant or hazardous waste, including but not limited to smoke, vapors, soot, fumes, acids,
<br /> alkalis, asbestos, chemicals, liquids or gases, waste materials or other irritants, contaminants or
<br /> pollutants, whether or not harmful, hazardous or toxic.
<br /> H. "GTS Site" means the three tax parcels, generally addressed at 2731 36th St.,
<br /> Everett, WA, and potentially including properties addressed or otherwise referred to as "2815
<br /> 36th Street SE", and "2931 36th Street", Everett, WA, consisting of(i) Parcel 2905290040100 (a
<br /> 1.39 acre parcel owned by the City of Everett); (ii) Parcel 29052900400800 (a 0.55 acre portion
<br /> of the 36th Street right-of-way); and (iii) Parcel 2905290040150 (a 1.50-acre owned or formerly
<br /> owned by Burlington Northern Santa Fe Railway). See Exhibit A.
<br /> I. "Parties" means the City of Everett and Safety National (as defined below).
<br /> "Party"means either of the individual Parties.
<br /> J. "Person"means any natural person, class or group of natural persons, corporation,
<br /> proprietorship, partnership, association, trust or any other entity or organization, including
<br /> without limitation, insurance entities, exchanges, "names" or underwriters; and any federal,
<br /> provincial, tribal, state, county, city or municipal governmental or quasi-governmental body,
<br /> and/or any political subdivision, department, agency or instrumentality thereof.
<br /> K. "Policies" means any and all policies of insurance, whether known or unknown,
<br /> Settlement Agreement and Site Release
<br /> Page—5
<br /> 2625918/1470.0003
<br />
|